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Tuesday, 17 Jan 2017

Written Answers Nos. 200-219

Garda Deployment

Questions (200)

Pearse Doherty

Question:

200. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number of gardaí serving in the Garda districts across County Donegal for each of the years 2006 to 2016 and to date in 2017, in tabular form. [1775/17]

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.

As the Deputy will be aware, when the financial crisis hit, the Government of the time introduced a moratorium on recruitment. Thankfully, in a recovering economy, we were able to reopen the Garda College in September 2014 and the current Government is committed to steadily increasing Garda numbers. 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.

For the Deputy's information I have set out in tabular form the number of Gardaí assigned to the Donegal Division by District from 2006 to 30 November 2016, the latest date for which figures are readily available from the Commissioner.

DONEGAL 31 DEC 2006 – 30 NOV 2016

DISTRICT

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

BALLYSHANNON

93

94

93

92

99

95

91

111

108

98

95

BUNCRANA

86

90

91

84

81

76

72

69

71

68

68

*GLENTIES

48

54

57

56

57

57

52

-

-

-

-

LETTERKENNY

173

186

191

181

175

164

163

156

150

157

155

MILFORD

48

52

56

55

54

52

49

73

68

69

66

DONEGAL TOTAL

448

476

488

468

466

444

427

409

397

392

384

* These Garda Districts were restructured in with in the period 2006-2016

Garda Retirements

Questions (201)

Pearse Doherty

Question:

201. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the numbers of serving gardaí in County Donegal that have retired over each of the years 2006 to 2016 and to date in 2017, in tabular form. [1776/17]

View answer

Written answers

Retirement of members of An Garda Síochána is governed by statutory provisions which set the mandatory retirement age for all members at 60 years of age. Members of An Garda Síochána who joined the organisation prior to 1 April 2004 may retire on full pension once they have served for at least 30 years and they have reached 50 years of age. Members of An Garda Síochána who joined the organisation on or after 1 April 2004 may retire on full pension once they have served at least 30 years and have reached 55 years of age. Accordingly, a member has the option of continuing to serve until they reach 60 years of age. Where the member wishes to continue beyond the voluntary retirement age the Garda Commissioner can require, at such intervals as the Commissioner considers appropriate, certification as to the health and fitness of the member concerned by a medical practitioner nominated by the Commissioner.

I have set out below in tabular form information provided by the Garda Commissioner detailing the number of members who retired or were discharged in the Donegal Division during the years 2006 to 2016 and 2017 as of 13 January. Retirements include voluntary, compulsory or cost neutral early retirement. Discharges include resignations, medical discharges, dismissals and deaths.

-

Supt

Insp.

Sgt

Garda

Total

2006

0

0

4

14

18

2007

0

0

1

9

10

2008

0

1

2

8

11

2009

0

0

11

36

47

2010

0

0

3

15

18

2011

0

1

6

17

24

2012

1

0

5

12

18

2013

1

0

2

14

17

2014

0

0

3

8

11

2015

0

1

2

8

11

2016

0

0

6

11

17

2017 (17 Jan.)

0

0

0

0

0

Total

2

3

45

152

202

Garda Deployment

Questions (202)

Pearse Doherty

Question:

202. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number of new Garda recruits allocated to Garda districts across County Donegal for each of the years 2006 to 2016 and to date in 2017, in tabular form. [1777/17]

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. 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.

This Government is committed to ensuring visible, effective and responsive policing throughout the country in order to strengthen community engagement, provide reassurance to citizens and prevent 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.

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 13 to the Donegal Division. I am informed by the Garda Commissioner that another 900 trainee Garda are scheduled to attest in 2017 which will bring Garda numbers to around the 13,500 mark by year end.

This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division, including Donegal, in the coming years.

This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.

In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.

The first attestation of trainee Gardaí in 2017 will take place on 2 February and their allocation will be a matter for the Commissioner. I am informed by the Commissioner that 8 and 5 newly attested Gardaí were allocated to Letterkenny Garda District in 2015 and 2016 respectively. Due to the moratorium on recruitment there were no attestations in the period 2012-2014. I have requested the information sought for the years 2006- 2011 from the Commissioner and when it is to hand I will provide it to the Deputy.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Garda Stations

Questions (203)

Tony McLoughlin

Question:

203. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that the holding cells in Sligo regional Garda station headquarters in Sligo town are now no longer being used by Gardaí in Sligo due to health and safety concerns; her views on whether there is now an urgent need for this station to be replaced; the progress to date for the development of the new Garda station in Sligo; and if she will make a statement on the matter. [1785/17]

View answer

Written answers

As the Deputy will be aware, the Office of Public Works has primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard and I, as Minister, have no role in these matters.

The Deputy will recall the Garda Building and Refurbishment Programme 2016-2021 includes the development of a new Regional/Divisional Headquarters at Sligo and, in this context, I am advised by the Garda authorities that the Office of Public Works is making arrangements for the acquisition of a suitable site for the proposed development.

Pending the development of the new station, local Garda management and the Office of Public Works are actively engaged in developing proposals to improve the accommodation situation in the existing Garda station, including dealing with issues in the custody area. I am assured that, within every Garda Division, there are adequate custody facilities to meet legal standards.

Garda Remuneration

Questions (204)

Tony McLoughlin

Question:

204. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the amount of overtime hours and pay which was allocated and approved by regional divisions (details supplied) in 2015 and 2016; and if she will make a statement on the matter. [1789/17]

View answer

Written answers

The Deputy will be aware that the Garda Commissioner is responsible for the allocation of Garda resources and I, as Minister, have no direct role in these matters.

However, the Garda authorities have informed me that the information requested by the Deputy is as follows:

-

-

2015

-

2016

Division

Hours

Expenditure

Hours

Expenditure

Cavan/Monaghan

22,333

€740,921

30,699

€1,002,691

Donegal

24,202

€811,234

41,382

€1,349,557

Mayo

35,666

€1,180,528

53,143

€1,741,201

Roscommon/Longford

21,315

€694,273

25,092

€821,815

Sligo/Leitrim

17,356

€578,588

20,025

€655,616

I understand that the figures for 2016 include overtime incurred by members on major policing operations such the visit of US Vice President Biden, the 1916 Centenary Celebrations and specific anti crime operations such as Operation Thor.

Refugee Resettlement Programme

Questions (205)

Jim O'Callaghan

Question:

205. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the services which will be made available to the refugees due to arrive in Roscommon. [1802/17]

View answer

Written answers

As the Deputy is aware, refugees in Roscommon will be temporarily accommodated in the Emergency Reception and Orientation Centres (EROC) to be located in Ballaghaghaderreen. As the name suggest, an EROC is largely about reception and orientation for those who are to be subsequently resettled. The overwhelming majority of persons being relocated to Ireland are Syrian.

The services provided to people arriving from Syria will include education, GP services, HSE medical screening, and access to the services of the Department of Social Protection. A core part of the job of the IRPP is coordination and ensuring appropriate service delivery. Staff of the IRPP hold weekly clinics in the EROC with clients and any service level issues become immediately apparent.

The relevant services will be provided locally or in some cases may be provided at the centre. The mode of service provision is determined on a case by case basis depending on the local situation and the individual circumstances of the asylum seekers. Every effort is made to mainstream services with local populations while not impacting on the delivery of local services. Thus children may attend local schools and adults will be provided with English language classes by the local ETB. Services can in some instances be provided directly to the children and adults although the preference is that they are provided in conjunction with local services as this helps significantly with integration. It should be noted that accommodating persons in EROCs for a period of time is considered to be good practice as it allows for a period of acclimatisation, de-stressing and on-site processing. It is also a process that is supported by the UNHCR as best practice.

By law all children resident in the State must attend school between the ages of 6 and 16. The children of those staying in the Ballaghaderreen EROC will be no different. IRPP officials are liaising with colleagues in the Department of Education and Skills to ensure all children of school-going age resident in the centre are either placed in an appropriate school in the general area or whether facilities in the EROC are the most appropriate mechanism to address educational needs. It is a matter for the Department of Education and Skills to determine whether or not additional resources (e.g. SNAs) will need to be put in place in local schools to meet requirements. If necessary, a bus service will be established should any of the school placements be outside walking distance. The availability of crèche/pre-school facilities is also subject to discussions with the Department of Children and Youth Affairs.

To ensure that the local service demands generated by the refugees and asylum seekers can be met, an EROC team composed of local service providers is being established. This model works extremely well in both of the current EROCs located in Clonea Strand and Monasterevin respectively. Persons arriving under relocation will also have had the benefit of direct engagement with my officials while in Greece or Italy, including a vulnerability/needs assessment. Officials of the IRPP will continue to closely engage with those placed in the EROC and will work to ensure that any local service issues that may arise are promptly resolved.

Question No. 206 answered with Question No. 139.
Question No. 207 answered with Question No. 169

Protected Disclosures

Questions (208)

John Curran

Question:

208. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality if she has received advice from the Attorney General on a report (details supplied) and brought the matter to Cabinet; if not, when she expects to do so; and if she will make a statement on the matter. [1864/17]

View answer

Written answers

The Deputy is referring to a report which I have received from Mr Justice Iarfhlaith O'Neill of his Review relating to two protected disclosures which were made to me by members of An Garda Síochána in early October.

Mr Justice O'Neill was asked to review the allegations of wrongdoing contained in the disclosures, to make any inquiries with persons or bodies that he considered appropriate in relation to the review and to report to me on the conclusion of the review, including any recommendations which he may consider necessary in relation to any further action which may be appropriate and warranted to address the allegations.

The Report, which I received on 7 December 2016, sets out in detail the allegations contained in the protected disclosures. In view of the nature of those allegations, and the fact that third parties are mentioned, the Report was referred to the Attorney General for her advice on how to proceed, including the question of what material might properly be put in the public domain, having regard to the rights of all concerned. Advices were received from the Attorney General's Office which raised further issues and which are the subject of ongoing consultation between my Department and the Office. This is with a view to bringing proposals to Government as quickly as possible. These proposals will obviously be guided by the conclusions and recommendations of Mr. Justice Iarfhlaith O Neill as regards what further action might be necessary, and deal with the issue of putting those conclusions and recommendations into the public domain.

Road Traffic Offences Data

Questions (209)

Jim O'Callaghan

Question:

209. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of fines issued and payments received for cycling offences during 2015/2016. [1886/17]

View answer

Written answers

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of information on the courts system, is the responsibility of the Courts Service which is independent in exercising its functions.However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the table below sets out the information sought in relation to the number of fines imposed, the value of fines imposed, the number of fines paid and the value of fines paid in respect of all cycling offences during 2015/2016.

Year

No. of Fines Imposed

Value of Fines Imposed

No. of Fines Paid

Value of Fines Paid

January – December 2015

101

€13,785.00

43

€4,410.00

January – December 2016

121

€20,718.00

29

€3,650.00

In addition to court imposed fines, members of An Garda Síochána can issue on the spot fines to cyclists. The data in relation to An Garda Síochána is currently being compiled and I will arrange for it to be forwarded to the Deputy as soon as it is to hand.

Question No. 210 answered with Question No. 169.

Garda Deployment

Questions (211)

Gerry Adams

Question:

211. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the number of additional Garda members, reserve members and civilians which will be allocated to the Louth Garda division and to all other Garda divisions in 2017, 2018, 2019 and 2020; and if she will make a statement on the matter. [1952/17]

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.

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.

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 have been recruited by the end of 2016 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 of 2016, again received a strong response.

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 41 to the Louth Division. I am informed by the Garda Commissioner that another 900 trainee Garda are scheduled to attest in 2017 which when taking account of projected retirements will bring Garda numbers to around the 13,500 mark by year end.

In relation to the Garda Reserve, some 1,500 Reserves will require to be recruited over the next 5 years in order to achieve the medium term target of 2,000. The Commissioner is currently developing a recruitment and training plan to recruit 300 this year and annually thereafter. In the case of civilians the Government has approved a medium term target of 20% civilians by 2021 which equates to an increase in the number of civilians from approximately 2,000 at present to 4,000. This will bring An Garda Síochána, currently at 14% civilians, more in line with international norms. The target is to be achieved through the implementation of a combination of redeployment of Gardaí assigned to technical/administrative tasks to front-line policing duties and “civilian by default” policies. This latter policy refers to the Commissioner adopting a default position in relation to new posts that are not on their face operational policing posts.

As I have said funding for the recruitment of up to 500 civilians has been provided in Budget 2017.

The distribution of those recruited across the three personnel strands will be a matter for the Commissioner but undoubtedly all Divisions and Garda activities will benefit from the very substantial uplift in resources coming on stream this year and over the next number of years.

Garda Operations

Questions (212)

Clare Daly

Question:

212. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the cost of the presence of An Garda Síochána at Shannon Airport protecting civilian troop carriers and military planes of the United States of America, by month, in 2016; and if she will make a statement on the matter. [1959/17]

View answer

Written answers

The primary aim of deployment by An Garda Síochána at Shannon Airport is to protect the safety of passengers and other people working at and using the airport and its environs. It is not to provide protection for one type of aviation or another. I am informed by the Garda Authorities that the cost to An Garda Síochána of deployment at Shannon Airport was €1,319,720 in 2016 comprising salaries and other pay and non-pay related expenditure and the breakdown of that expenditure by month is set out in the following table:

Month in 2016

Expenditure

January

€104,138

February

€103,700

March

€99,998

April

€102,648

May

€111,448

June

€111,385

July

€124,619

August

€106,407

September

€137,754

October

€103,658

November

€115,059

December

€98,906

Total

€1,319,720

Tax Reliefs Application

Questions (213)

Peter Burke

Question:

213. Deputy Peter Burke asked the Minister for Finance the position regarding the eligibility of a house for section 23 relief (details supplied); and if he will make a statement on the matter. [41070/16]

View answer

Written answers

Rented residential relief, referred to as Section 23 relief, is available to a person who has incurred expenditure on the purchase, construction, conversion or refurbishment of a qualifying property and who lets that property under a qualifying lease, having complied with certain conditions. Relief for expenditure incurred can be set against the rent received from that property and other Irish rental income so that the amount of a person's taxable income is reduced.

The administrative county of Longford is a qualifying area under the Rural Renewal Scheme for the purposes of section 23 relief.  Relief is only available for expenditure on construction, refurbishment or conversion work that is carried out during the qualifying period for the scheme.  The qualifying period for the Rural Renewal Scheme originally was extended to 31 December 2006 (from the end of 2004), where a valid application for full planning permission was submitted to the relevant local authority by 31 December 2004.  The qualifying period was further extended to 31 July 2008, subject to an additional requirement that work to the value of at least 15% of the actual construction, refurbishment or conversion costs must have been carried out by 31 December 2006.

Based on the information supplied, work on the construction of this property only commenced in 2007. Therefore, the additional requirement that work to the value of at least 15% of the actual construction costs must have been carried out by 31 December 2006 can not  be met.  In the circumstances  expenditure incurred on the property cannot qualify for section 23 relief.

Further information is available at www.revenue.ie/en/tax/it/leaflets/s23.pdf

Fuel Laundering

Questions (214, 221, 304)

Niamh Smyth

Question:

214. Deputy Niamh Smyth asked the Minister for Finance the number of oil laundering plants which have been uncovered in the past five years in tabular form; the location these plants were uncovered; the estimated potential loss to the Exchequer; the size of these operations; the number of arrests which have been made following these discoveries; the stage theses cases are at; the ongoing steps by the Revenue Commissioners to monitor these illegal operations, particularly in the Border region of counties Cavan and Monaghan; and if he will make a statement on the matter. [41098/16]

View answer

Martin Kenny

Question:

221. Deputy Martin Kenny asked the Minister for Finance the amount of excise foregone to the Exchequer from the illegal use of green diesel here in each of the years 2011 to 2015; and if he will make a statement on the matter. [41021/16]

View answer

Joan Burton

Question:

304. Deputy Joan Burton asked the Minister for Finance his plans to increase enforcement and sanctions for fuel laundering, in view of the programme for Government commitment and the estimates in the British Irish Parliamentary Assembly report on cross-Border crime of the loss to the Exchequer by fuel fraud to be in the range of €140 to €260 million per year; if he has met his Northern Irish counterpart on this issue; and if he will make a statement on the matter. [1679/17]

View answer

Written answers

I propose to take Questions Nos. 214, 221 and 304 together.

  I am advised by the Revenue Commissioners that the number of oil laundries detected and closed down in the period from 2012 to 2016 was 23.  Operations varied in size from basic to sophisticated.  Details of those detections, arrests and the stage these cases are at are set out in the table below.

Year

Cavan

Louth

Meath

Monaghan

Waterford

Totals

Detections

2012

1

7

0

3

0

11

2013

0

2

1

4

1

9

2014

0

1

0

1

0

2

2015

0

0

0

0

0

0

2016

0

0

0

1

0

1

Totals

1

10

1

9

1

23

Year

Cavan

Louth

Meath

Monaghan

Waterford

Totals

Arrests

2012

0

6

0

3

0

9

2013

0

0

2

1

0

3

2014

0

0

0

0

0

0

2015

0

0

0

0

0

0

2016

0

0

0

0

0

0

Totals

0

6

2

4

0

12

Convictions

2012

0

0

0

0

0

0

2013

0

0

1

0

0

1

2014

0

0

0

0

0

0

2015

0

0

0

0

0

0

2016

0

0

0

0

0

0

Totals

0

0

1

0

0

1

Awaiting Sentence

2012

0

0

0

0

0

0

2013

0

0

0

2

0

2

2014

0

0

0

0

0

0

2015

0

0

0

0

0

0

2016

0

0

0

0

0

0

Totals

0

0

0

2

0

2

Acquittals

2012

0

1

0

1

0

2

2013

0

0

0

0

0

0

2014

0

0

0

0

0

0

2015

0

0

0

0

0

0

2016

0

0

0

0

0

0

Totals

0

1

0

1

0

2

Before the Courts

2012

1

2

0

0

0

3

2013

0

0

0

0

1

1

2014

0

0

0

0

0

0

2015

0

0

0

0

0

0

2016

0

0

0

0

0

0

Totals

1

2

0

0

1

4

I am advised also that it is inherently difficult to estimate with confidence the extent of any illegal activity and that it is not possible, therefore, to put a figure on the cost to the Exchequer of fuel laundering. Nevertheless, the serious threat that criminal activity of this kind poses to legitimate and compliant businesses, consumers and the Exchequer is recognised, and action against it has accordingly been a priority for Revenue over recent years.

Revenue has implemented a comprehensive strategy to tackle the illegal fuel trade, including the introduction of stringent new supply chain controls underpinning a rigorous programme of enforcement action and supported by a range of new legislative measures that I brought forward in Finance Acts. In addition, Revenue and HM Revenue and Customs in the United Kingdom undertook a joint initiative to find a new fiscal marker for use in marked fuels, which was introduced in Ireland and the United Kingdom from the beginning of April 2015.

Revenue works closely with An Garda Síochána in acting against fuel fraud, and the relevant authorities in the State also work closely with their counterparts in Northern Ireland, through cross-border enforcement groups, to target the organised crime groups that are responsible for a large proportion of this criminal activity.

This work is being supported and facilitated by the setting up earlier this year, in the framework of "A Fresh Start: the Stormont Agreement and Implementation Plan", of a Joint Agency Task Force, which includes Revenue as well as An Garda Síochána and their Northern Ireland counterparts. Under the aegis of this Task Force, a very successful joint initiative between Revenue and HMRC, directed against suspicious movements of substitute fuel with potential for considerable excise and VAT fraud, won the "Outstanding Collaboration" category at the UK Government Counter Fraud Awards in September 2016. This award, from Revenue's perspective, recognises the excellent work and collaboration between Revenue and Her Majesty's Revenue and Customs on investigations into the illegal movement of suspected substitute fuels.

Revenue also works in close cooperation also with the relevant authorities in other jurisdictions, the European Anti-Fraud Office and other international bodies and agencies in the ongoing programmes of action at international level to combat the illicit fuel trade.

I understand that the industry view is that the measures implemented to date have been successful in curtailing fuel laundering in Ireland.  This view is supported by a significant increase in tax revenues from road diesel over the past three years.  An analysis of long term consumption trends for road diesel and marked diesel in Ireland undertaken by Revenue and published on their website at http://www.revenue.ie/en/about/publications/oil-market-analysis.pdf also points to a significant change in the pattern of consumption following implementation of the measures referred to above. 

The Deputies may also be interested to note that in an intelligence-led operation in December 2016, Revenue enforcement officers supported by the Garda Regional Support Unit, seized two oil tankers, 20,000 litres of laundered mineral oil, 140 bags of bleaching earth, ancillary equipment associated with oil laundering and cash, bank drafts and cheques in excess of €60,000 in the Castleblayney area. This is the first oil laundry detected in this jurisdiction since 2014.

The penalties for offences relating to fuel fraud are laid down in section 119 of the Finance Act 200 and section 102 of the Finance Act 1999. On conviction following summary prosecution under these provisions, a court may impose a fine of €5,000, or a term of imprisonment not exceeding 12 months, or both. Where a person is convicted for an indictable offence, the court may impose a term of imprisonment not exceeding 5 years, or a fine not exceeding €126,970, or both. In addition, for an indictable offence under section 119 of the Finance Act 2001, if the value of the fuel concerned in the fraud exceeds €250,000, including duty and taxes, the court may impose a penalty of three times the value of the fuel, or a term of imprisonment not exceeding 5 years, or both. The current levels of fines were introduced by the Finance Act 2010 and represented significant increases over the previous amounts: for example, the fine on conviction for an indictable offence was increased from €12,695 to an amount not exceeding €126,970.

The Courts decide on the amount of the fine to be imposed in any particular case and, in practice, do not apply fines up to the existing limits. There are no proposals at present to increase the level of fines available to the courts. However, the position is kept under review taking account, among other considerations, of the practical experience of the fines imposed under the current provisions.

I am satisfied that Revenue's work against fuel laundering has achieved a considerable level of success, and I am assured that action against fuel fraud will continue to be a high priority.

Tax Reliefs Availability

Questions (215)

Brendan Griffin

Question:

215. Deputy Brendan Griffin asked the Minister for Finance if there is grant aid available to parents of a child with physical disability to install a swivelling seat to allow the child to independently enter and exit the car; and if he will make a statement on the matter. [41848/16]

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Written answers

I am advised by the Revenue Commissioners that the Drivers & Passengers with Disabilities Scheme provides a range of tax reliefs linked to the purchase and use of specially constructed or adapted cars for the transport of persons with disabilities.  The scheme is available to persons (including children) who meet specified medical criteria and have obtained a Primary Medical Certificate to that effect from the HSE.  The car will qualify under the scheme if it is adapted to take account of the person's disablement, for example the fitting of a swivel seat. Full details of the scheme, including the legislative criteria which must be met, are set out in Information Leaflet VRT 7, which is available from the Revenue website www.revenue.ie

Further information and assistance is available by contacting the special Helpline on the scheme at LoCall 1890 60 60 61.

Insurance Industry

Questions (216)

Éamon Ó Cuív

Question:

216. Deputy Éamon Ó Cuív asked the Minister for Finance the progress made to date to ensure payment to all third party claimants that have outstanding claims against a company (details supplied); the steps being taken by the Government to ensure these claimants get paid; and if he will make a statement on the matter. [1036/17]

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Written answers

Setanta was placed into liquidation by the Malta Financial Services Authority on 30 April 2014. Setanta is a Maltese incorporated company and therefore, the Setanta liquidation is being carried out under Maltese law.  As of 31 December 2016, the number of open claims is 1,664. The Department of Finance continue to liaise with the liquidator.

Progress in the liquidation has been delayed due to court proceedings in the case of Law Society of Ireland v the Motor Insurers' Bureau of Ireland (MIBI).  The current position is that we are awaiting the outcome of MIBI's appeal to the High Court ruling, which was heard before the Supreme Court in October 2016. 

A small number of additional claims are not affected by the court proceedings and are being processed by the Office of the Accountant of the Courts of Justice. In this regard, the Insurance Compensation Fund (ICF) has recently been able to make 65% payments totalling €608,085 on 1st party claims made by Setanta policyholders for comprehensive insurance claims. These payments are possible as they are 1st party claims which come within the ICF remit, rather than 3rd party claims delayed by the Supreme Court proceedings. The position in relation to 3rd party motor insurance claims is that they are unlikely to be processed until after the outcome of the Supreme Court appeal.

The Liquidator for Setanta has informed me that:

- Claims provision required stands at between €87.7 million and €95.2 million

- Setanta policies were cancelled in May 2014. The 2 years allowable under the statute of limitation to lodge claims has expired so the claims figures will not increase further

- The Liquidator reports that it is proving difficult to settle claims in advance of the outcome of the MIBI appeal

- The Liquidator continues to be of the view that he will not be in a position to meet more than 30% of claims

I expect to be able to provide a more accurate update after the legal proceedings are concluded.

Help-To-Buy Scheme Administration

Questions (217)

Michael Healy-Rae

Question:

217. Deputy Michael Healy-Rae asked the Minister for Finance his views on a matter (details supplied) regarding the help-to-buy scheme; and if he will make a statement on the matter. [1265/17]

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Written answers

The Government is conscious that there is currently a shortage of housing and of the particular challenges faced by first-time buyers in obtaining the deposit required to purchase a home, given the Central Bank's macro prudential rules. As the Deputy will be aware, the 'Help to Buy' initiative was initially announced on 19 July 2016 as part of 'Rebuilding Ireland: Action Plan for Housing and Homelessness'. This plan contains a significant volume of responses to the current crisis, of which the Help to Buy initiative is one. 

It should be noted that the scheme is not a broad based relief available for the purchase of any home by any buyer. It is instead a targeted response that is aimed at first-time buyers, buying (or building) new residences. This targeting is designed to help encourage the building of new homes, thereby increasing supply, by turning notional demand into real demand. By restricting this initiative solely to new dwellings and new self builds, it is anticipated that the resulting increase in demand for affordable new build homes should encourage the construction industry to provide for an additional supply of such properties.

If the initiative was also available for second hand properties, it would have little or no effect on the provision of additional supply, and thus the scheme would consist primarily of deadweight in terms of incentive effect. As the Deputy will be aware, an increase in the supply of new housing is fundamental to resolving the current crisis.

Universal Social Charge Application

Questions (218)

Seán Fleming

Question:

218. Deputy Sean Fleming asked the Minister for Finance if the correct universal social charge is being deducted from a person (details supplied); and if he will make a statement on the matter. [41013/16]

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Written answers

I am advised by Revenue that, based on the information available to them, the person concerned is not liable to pay USC and has been deemed exempt by Revenue.  If the person concerned had USC deducted in 2016, then on receipt of his P60 for 2016 he should request a review for 2016 by accessing Revenue's on line service myAccount at www.revenue.ie and any USC deducted can be refunded to him. 

Universal Social Charge Application

Questions (219)

Seán Fleming

Question:

219. Deputy Sean Fleming asked the Minister for Finance if the correct universal social charge is being deducted from a person (details supplied); and if he will make a statement on the matter. [41014/16]

View answer

Written answers

I am advised by Revenue that, based on the information available to them, the person concerned is not liable to pay USC and has been deemed exempt by Revenue.  If the person concerned had USC deducted in 2016, then on receipt of his P60 for 2016 he should request a review for 2016, by accessing Revenue's on line service myAccount at www.revenue.ie and any USC deducted can be refunded to him. 

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