Written Answers Nos. 83-92
83. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the actions she has taken since she has met persons (details supplied) in November 2016; if further meetings are to take place; and if she will make a statement on the matter. [2040/17]
View answerI can assure the Deputy that I am very mindful of the serious impact of sexual crimes on victims and their families, particularly where young persons are involved.
As I have previously advised the Deputy, I received a series of communications expressing concerns in relation to the case referred to and sought the views of the Garda Commissioner on the issues raised. As the Deputy is aware, I met with four of the victims in Leinster House last November, where I had an opportunity to listen to their concerns first-hand and to acknowledge their bravery for coming forward to tell their story.
As I outlined in correspondence to the Deputy during December, I have also received a report from the Garda authorities in relation to this matter and, having considered this report with the benefit of the first-hand information provided at my meeting with the four persons concerned, I felt it necessary to seek additional clarification from An Garda Síochána regarding certain aspects of their report.
I can assure the Deputy that I share his concern at the very serious issues raised in this case and on receipt of a further report from the Commissioner, I will give it very careful consideration and determine the best course of action at that point.
84. Deputy Sean Sherlock asked the Tánaiste and Minister for Justice and Equality the status of an application for a holiday visa in respect of a person (details supplied). [2103/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to was refused by the Visa Office in Abu Dhabi on 8 September, 2016. The decision was communicated to the applicant who was advised that an appeal could be submitted up to two months following the visa refusal. No such appeal was submitted.
It is open to the applicant to submit a fresh visa application at any time. However she should bear in mind the original refusal reasons communicated to her and be in a position to address these in a new application.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
85. Deputy Frank O'Rourke asked the Tánaiste and Minister for Justice and Equality the number of gardaí in the County Kildare region on 1 January 2013 and on 1 January 2017; the proportion of the proposed additional recruits in 2017 that are likely to be assigned to the Kildare region; her proposals to increase the number of gardaí in County Kildare in view of the population increase in recent years and predicated increase in the population in County Kildare; and if she will make a statement on the matter. [2119/17]
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 by the Garda Commissioner that the Garda strength of the Kildare Division, on the 30 November 2016, the latest date for which figures are readily available, was 306 and the strength of the Division on 31 December 2013 was 315. There are also 22 Garda Reserves and 30 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 and the Garda National Drugs and the Organised 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.
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 35 to the Kildare 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 Kildare, in the coming years.
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 and this consideration includes all relevant factors including population. 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.
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.
86. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality if additional Garda resources will be allocated to the Cavan and Monaghan Garda division in view of the urgent need to re-establish a dedicated drugs unit; if such resources will be provided without further delay in view of the increasing problems due to the availability of illicit drugs throughout both counties; and if she will make a statement on the matter. [2158/17]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am informed that the number of Gardaí assigned to the Cavan/Monaghan Garda Division on the 30 November 2016, the latest date for which figures are readily available was 317, with 14 reserves and 35 civilians. It is important to note that all Gardaí have a responsibility in the prevention and detection of criminal activity whether it be in the area of drug offences or otherwise. The Garda National Drugs and Organised Crime Bureau leads out the policing strategy for tackling drugs supply. This approach allows for the co-ordinated use of Garda resources in tackling all forms of organised crime, including illicit drug activity nationwide.
I am further informed that the prevention and detection of drug related offences is a priority within the Cavan/Monaghan Division and that all Gardaí in the Division, both uniform and detective, are engaged in intelligence-led policing and the undertaking of targeted operations against those involved in drug-related crime. In addition, Garda personnel from the Division continue to work with the Garda National Drugs and Organised Crime Bureau in this regard. I am advised that local Garda management are satisfied that this strategy ensures the optimal use of resources in targeting persons involved in the illicit sale and supply of drugs.
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 17 to the Cavan/Monaghan 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 the Cavan/Monaghan Division, 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 support An Garda Síochána in tackling all criminal activity.
87. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality the cost to the Exchequer of any ongoing investigations or inquiries in her Department; and if she will make a statement on the matter. [2395/17]
View answerI can inform the Deputy that there is one ongoing investigation in my Department. The MacLochlainn Commission of Investigation was established under SI No. 346 of 2014 to conduct a thorough investigation into the fatal shooting of Mr Ronan MacLochlainn by members of An Garda Síochána in May 1998 in Ashford, Co Wicklow. The final agreed reporting date for the Commission was 31 May 2016. In its report of 24 May 2016 to the Minister, the Sole Member of the Commission, Ms Mary Rose Gearty, SC, advised that on 16 May 2016 one person who is identified in the Commission's final report brought an application to the High Court seeking a direction pursuant to Section 35(1)(b) of the Commissions of Investigation Act 2004 that the report be amended before it is submitted to the Minister. The submission of the Commission's final report to the Minister must await the determination of this court application.
The total expenditure incurred to date is €1.15m.
88. Deputy Mattie McGrath asked the Minister for Finance the reason radon barriers are taxable at the higher rate of VAT and treated as a luxury item when it is an essential item for the health and safety of persons; the efforts that will be made to reduce this VAT rate; and if he will make a statement on the matter. [2030/17]
View answerThe VAT rating of goods and services is subject to the requirements of the EU VAT Directive with which Irish VAT law must comply. In general, the Directive provides that all goods and services are liable to VAT at the standard rate, currently 23% in Ireland, unless they fall within the lists of goods and services specified in Annex III of the Directive, in respect of which Member States may apply reduced rates. The supply of radon barriers is not listed in Annex III therefore there is no discretion for Ireland to apply a lower rate to that supply.
89. Deputy Tom Neville asked the Minister for Finance if moneys will be issued to a person (details supplied) without further delay; and if he will make a statement on the matter. [2130/17]
View answerI am informed by Revenue that the application from the person (details supplied) for a refund of VRT on a car under the VRT Export Refund Scheme was approved for payment on 16th January 2017 and payment will be in the person's bank account within 3-5 working days. The person concerned has been informed of this by telephone on 16th January 2017.
90. Deputy John Lahart asked the Minister for Finance if his Department has considered any of the implications of a television programme (details supplied); and if he will make a statement on the matter. [2192/17]
View answerThere were a number of issues raised in the course of the interview referred to.
Firstly, on the issue of liquidity breaches at Unicredit Ireland in 2007, the Central Bank has informed me of the sequence of events and the actions of the Central Bank in relation to those breaches, which are as follows.
In August 2007, the Central Bank of Ireland was notified by Unicredit Ireland of an overnight breach of compliance with the then recently introduced Central Bank Requirements for the Management of Liquidity Risk. An inspection was undertaken by the Central Bank from 3-10 October 2007. Upon investigation, the Bank was satisfied that the breach did not suggest a wider or more systematic erosion of overall liquidity. The bank was back in compliance with the limits within twenty four hours of the breach. The breach was not connected to any other bank operating in Ireland.
Following additional claims made in the media in 2010 that numerous breaches had taken place in the months following the introduction of the Requirements in 2007, a further investigation was undertaken at the instruction of the Central Bank. An independent third party firm was engaged in order to check compliance with the liquidity requirements. This investigation did not highlight any further breaches.
The Central Bank also requested that any individual who had information they wished to share with the Central Bank regarding potential regulatory breaches, to write in confidence to the Public Contact Unit or the Deputy Governor, Financial Regulation. Following contact from a third party at that time, the Central Bank held a meeting with that person to discuss the matter.
The Central Bank has undertaken significant investigations around the issues raised and is satisfied that this matter is now closed.
On the issue of the Central Bank's approach to whistleblowers, new protections for persons making protected disclosures to the Central Bank came into force on 1 August 2013. This also included new obligations on certain categories of persons in regulated firms to disclose breaches of financial services legislation to the Central Bank. The Central Bank has established a whistleblower desk and put in place policies and procedures to ensure such disclosures are dealt with appropriately.
In broad terms, where a person makes a disclosure in good faith to the Central Bank or one of its employees, and the person making the disclosure has reasonable grounds for believing that the disclosure will show that there has been a breach of, or offence under, financial services legislation or the concealment or destruction of evidence relating to such an offence or breach and provides their name, the disclosure is a protected disclosure. Any correspondence received by the Central Bank through its protected disclosure channel is treated seriously and examined thoroughly.
Furthermore, the EU Regulation establishing the Single Supervisory Mechanism, which formally commenced on 4 November 2014, includes a provision in respect of reporting of breaches, i.e. whistleblower reports, which relate to those banks directly supervised by the European Central Bank. Persons with information on potential breaches of EU law by banks and/or by competent authorities, including the Central Bank of Ireland, can report such breaches to the ECB.
Another issue which was raised in the interview was around attendance at the Banking Inquiry. The Joint Oireachtas Committee of Inquiry into the Banking Crisis was formally established in November 2014 under the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013. The purpose of the Inquiry was to inquire into the reasons Ireland experienced a systemic banking crisis. It was a matter for the Joint Committee to decide on whom it would call as a witness or who would be consulted as part of the Inquiry. The Joint Committee's full report can be found via the link https://inquiries.oireachtas.ie/banking/.
Finally, some opinions were expressed during the interview around AIB's solvency. I want to take this opportunity to reassure the House that AIB is now in a healthy financial position, generating good profitability and levels of capital. I've indicated many times before, that our strategy in recent years was to hold onto our investment in the bank until its value had recovered substantially from its lows to the point where it accurately reflected the true value of the franchise. Six years on from when the State last had to put capital into AIB, we are now at a point where funds have already started to come back to the taxpayer, and we see a genuine possibility of being able to sell a portion of our shareholding on the markets in the next 12-18 months.
91. Deputy Róisín Shortall asked the Minister for Finance the number of claims made by companies for correlative adjustments for each of the years 2005 to 2016; the number of claims for correlative adjustments conceded by the Revenue Commissioners; the total value of the tax involved in those claims; if, in respect of the total number of claims made in these years, he will provide a breakdown by industry and the other country involved; the amount of tax involved in each of the three largest cases; and if he will make a statement on the matter. [2195/17]
View answer92. Deputy Róisín Shortall asked the Minister for Finance the estimated cost of refunds arising from correlative adjustments made in 2016 and likely to be made in 2017. [2196/17]
View answerI propose to take Questions Nos. 91 and 92 together.
It is worth noting that a similar question was raised in 2012 (Ref No: 12336/12). Therefore, this response follows on from the information provided in 2012.
Claims for relief from double taxation ("correlative adjustments") arise in Ireland as a result of an upward adjustment to company profits in a country with which we have a double taxation treaty. A company may make a claim for a correlative adjustment to Revenue in Ireland where tax paid in the other country is increased as a result of such an upward adjustment and the associated company in the other country has agreed to such upward adjustment. Each claim is examined by Revenue and an appropriate amount of relief (including nil amounts) is agreed.
The number of correlative adjustment claims and the amount of tax relief granted in respect of those claims for each of the years 2005 to 2016 is shown in the following table. It is not possible to provide an estimate of the cost of refunds arising from correlative adjustments likely to be made in 2017.
The countries and industry sector involved are also listed in the table.
The amount of tax involved in the 3 largest cases amounted to approximately €435 million.
|
Year of claim |
Number of claims received |
Number of these claims where relief granted |
Amount of tax relief granted * |
|
2005 |
6 |
5 (1 claim not allowed) |
€35.9m |
|
2006 |
14 |
12 (2 claims were withdrawn) |
€101.7m |
|
2007 |
8 |
8 |
€163.4m |
|
2008 |
15 |
11 (1 claim was withdrawn and 3 claims are still open) |
€318.7m |
|
2009 |
13 |
11 (1 claim was withdrawn and 1 is still open) |
€83.1m |
|
2010 |
16 |
13 (3 claims are still open) |
€70.3m |
|
2011 |
8 |
5 (3 claims are still open) |
€40.9m |
|
2012 |
13 |
9 (1 claim was withdrawn, 2 claims were not allowed and 1 is still open) |
€34.2m |
|
2013 |
10 |
4 (2 claims were withdrawn and 4 are still open) |
€8.7m |
|
2014 |
12 |
3 (1 claim was not allowed and 8 are still open) |
€2.5m |
|
2015 |
14 |
14 claims are still open |
€0.0m |
|
2016** |
4 |
4 claims are still open |
€0.0m |
*Note that the relief may be granted over a number of years and may take the form of increasing losses to be carried forward as well as refunds and off-sets.
**Note 2016 claims may be understated as a result of claims for correlative relief submitted in December 2016 which are not yet reflected in the records maintained by Revenue.
Countries involved
Australia, Belgium, Canada, Denmark, France, Germany, Italy, Netherlands, Spain, Sweden, Switzerland, UK, USA
Claims by industry sector
Energy, Financial Services & Insurance, Food & Drink, General Manufacturing, Healthcare and Medical Devices, Hospitality, Information Technology, Retail, Transport.
