Written Answers Nos. 92-118
92. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality the progress of a visa application in respect of a person (details supplied); and if she will make a statement on the matter. [9214/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a 'join family' visa from the person referred to was received in the Ankara Visa Office on 25 August, 2016.
Such applications, where the sponsor is an Irish national, can normally be expected to be dealt with within 6 months of receipt of all the required documentation as set out in the Family Reunification Policy Document published on 1 January, 2014. This is a business target which reflects the detailed assessment that is required to be carried out in relation to applications for family reunification. It does not constitute a legal obligation and such applications may take longer due to the individual circumstances of the application or to the number of applications within the visa category and the resources available to process them. I am further advised that the Visa Office expect to make a decision on this application within the next 10 weeks.
The Deputy may wish to note that queries 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 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.
93. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality her plans for a Garda station in County Mayo (details supplied); her further plans to reinstate the Garda numbers at the Garda station following downsizing in 2015-2016; and if she will make a statement on the matter. [9273/17]
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 Units 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.
I am informed by the Garda Commissioner that the Garda Station concerned forms part of the Claremorris Garda District and that the Garda strength of the Claremorris District on the 31 December 2016, the latest date for which figures are readily available, was 93 members of whom 9 were assigned to the station concerned. There are also 5 Garda Reserves and 6 civilians attached to the Claremorris District. In addition, support is provided by the Divisional Traffic Corp, Regional Support Unit, Divisional Drugs Unit and Detective Units which are regularly detailed for duty in the area concerned.
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. This year, 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 in September 2014, 838 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed by the Commissioner that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase 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 District, including the Claremorris District 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.
94. Deputy Michael Fitzmaurice asked the Tánaiste and Minister for Justice and Equality the rationale in not considering past experience or qualifications in the recruitment of prison officers until stage three of the recruitment process; and if she will make a statement on the matter. [9285/17]
View answerI can inform the Deputy that a competition for Recruit Prison Officer was advertised by the Public Appointments Service in 2016 with a closing date of 28 July 2016. The terms and conditions for this competition were set out in the booklet for the competition.
Any person interested in the role of Recruit Prison Officer is required to go through the recruitment process which was provided for in the booklet. The Irish Prison Service does not give preference to individuals who may have served in the role of prison officer in other jurisdictions. It is of course open to such individuals, where possible, to use whatever experience or skills they may have acquired abroad in the course of the recruitment process.
During the competency based interview candidates can draw on their experience from whatever context, be it in a similar role elsewhere or other unrelated role.
95. Deputy Michael Fitzmaurice asked the Tánaiste and Minister for Justice and Equality if, in view of recent whistleblower revelations, she will intervene and ensure justice is done by enabling the transfer of a prison officer (details supplied) to another area of the Civil Service or public service; and if she will make a statement on the matter. [9286/17]
View answerI have been advised by the Irish Prison Service that it has engaged over a period of time with the prison officer to whom the Deputy refers and that it will continue to do so in its capacity as a responsible employer.
96. Deputy Michael Fitzmaurice asked the Tánaiste and Minister for Justice and Equality about the requirement that members of An Garda Síochána display markings notifying road users that they are carrying out speed checks when using unmarked vans for speed checks; and if she will make a statement on the matter. [9287/17]
View answerI would like thank the Deputy for raising the serious issue of speeding on our roads. The increase in the number of road traffic fatalities in 2016 and the early indications of a similar figure in the year to date highlights the need to continue to deploy all effective measures to reduce speeding, and therefore road traffic collisions. Road safety is of course a shared responsibility and it is incumbent upon us all to play our part by driving within the speed limit.
As the Deputy will be aware, the methods employed by An Garda Síochána in the detection or prevention of any offence are an operational matter for An Garda Síochána, and I have no direct role in relation to them. While the deployment of Garda safety cameras must comply with road traffic legislation and relevant provisions of the Safety Health and Welfare at Work legislation and regulations, I am advised that there are no requirements to have identification/markings on Garda Safety Camera vans.
I am further advised that An Garda Síochána deploy both marked and unmarked vehicles on enforcement duties as both have a role to play in an effective enforcement programme with a view to preventing the commission of offences, detecting errant motorists, changing their behaviour and ultimately reducing death and injuries on our roads
Separately, under the terms of the contract for the outsourced provision and operation of safety cameras, the service provider deploys vehicles which are marked with high-visibility reflective material and which display safety camera symbols. Furthermore, the location of the zones in which these cameras operate are detailed on the Garda website (www.garda.ie). The contract also provides for surveying to be undertaken, for which the company utilises unmarked vehicles to observe and record the speeds at which vehicles are currently travelling.
97. Deputy Brendan Ryan asked the Tánaiste and Minister for Justice and Equality if there is a source of funding for community groups to apply for CCTV facilities to assist in tackling crime and anti-social behaviour; and if she will make a statement on the matter. [9291/17]
View answerI am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime and assisting in the detection of offenders.
The Deputy will be aware that the Programme for a Partnership Government commits to providing investment in CCTV systems and that I have secured €1 million in Budget 2017 to begin a new round of community CCTV schemes in line with the Programme.
My Department is currently developing a framework for the scheme and, while applications are not being invited or considered at this time, I expect to make an announcement in due course.
98. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the cost per year for the past three years for the retrieval and return of hard copy files stored at off-site locations; and if she will make a statement on the matter. [9311/17]
View answerThe costs incurred by my Department for search and retrieval of records, including barcoding and transportation of files to off site file storage locations, are set out in the following table.
The costs incurred for search and retrieval of records
|
Year |
Cost |
|
2014 |
€17,311 |
|
2015 |
€17,893 |
|
2016 |
€33,485 |
99. Deputy Joan Collins asked the Tánaiste and Minister for Justice and Equality if she has established the fund to provide access for Magdalen laundries survivors to complementary therapies under the ex gratia scheme (details supplied). [9383/17]
View answerThe Magdalen Laundries Restorative Justice Ex Gratia Scheme was set up following the publication of the report in February, 2013 of an Inter-Departmental Committee set up to establish the facts of the State's involvement with the Magdalen Laundries. It was chaired by then Senator Martin McAleese and it is commonly referred to as the McAleese report. The material in the Report relates to 10 different institutions which were run by 4 different Orders of nuns over a period of 70 years. Although there was no finding in the McAleese Report which indicated that the State had any liability in the matter, following the report’s publication the Taoiseach issued a State apology to the women. Mr. Justice Quirke was asked by the Government to make recommendations on an appropriate redress scheme for those who were in the 10 Magdalen laundries that were the subject of the McAleese Report. The Government also included in the scheme the laundry that was attached to Stanhope Street Training School and later also decided to include a 12th institution, the Training School in Summerhill..
The Quirke Report recommended that the Magdalen women should receive the same range of medical services as those provided to women who were infected by Hepatitis C as a result of State actions. This has happened. In his report Judge Quirke noted that not all of the services provided to the Hep C victims may be directly relevant to the Magdalen women and, so for example, Hep C-specific medicines and treatments do not apply to the Magdalen women.
Judge Quirke made no mention of alternative therapies in his report nor are they mentioned in the Health (Amendment) Act 1996 or the Redress for Women Resident in Certain Institutions Act, 2015, which made specific medical provision for Hepatitis C and Magdalen women respectively. The question of alternative therapies has been raised before, including in a Dáil Question from this Deputy on 24 March, 2015. If a case were to be made for the provision of effective and proven alternative medical therapy services for Magdalen women, such provision being on an administrative basis outside of the aforementioned legislation, I would consult with my colleague the Minister for Health on the request.
100. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality her plans to amend licensing laws to allow vintners the option of normal trading on Good Friday; and if she will make a statement on the matter. [9385/17]
View answerThe position is that the statutory provisions relating to the sale of alcohol on Good Friday, which have historical origins, will be examined in the context of the forthcoming Sale of Alcohol Bill. It will update the law relating to the sale, supply and consumption of alcohol in licensed premises by repealing the Licensing Acts 1833 to 2011, and the Registration of Clubs Acts 1904 to 2008, and replacing them with streamlined and updated provisions. Drafting of that complex Bill has been delayed due to other priorities and I am not in a position to say at present when it will be published.
101. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality if further consideration will be given to a case (details supplied); if she will review her previous responses; her views on whether the matter is suitable for further inquiry; and if she will make a statement on the matter. [9386/17]
View answerWhile I am happy to acknowledge the Deputy having raised the matters relating to this particular case, it would be inappropriate for me to make any comment on them as I understand that they continue to be sub judice as the case is before the President of the High Court.
103. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the cost per year for the past three years for the storage of data and or files on cloud storage or third party servers; and if she will make a statement on the matter. [9409/17]
View answerI regret that it has not been possible to provide the information required in the time available. The information is currently being compiled and will be forwarded to the Deputy as soon as it is to hand.
The following deferred reply was received under Standing Order 42A:
I refer to Parliamentary Question No. 103 for answer on 23 February 2017 in which you requested the cost per year for the past three years for the storage of data and/or files on cloud storage or third party servers.
As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again.
My Department is fully committed to implementing the Public Service ICT Strategy, including key principles such as the delivery of services via a secure Government private cloud and to moving to a shared services model of shared ICT infrastructure.
My Department has not stored data on third party cloud services over the period in question and so no costs were incurred in that regard.
A shared service has provided ICT to my Department and most of its agencies throughout this period and has been delivered through third-party managed service contracts. These contracts have covered not only the operation and management of the shared service network, but have also included the provision of the network’s core ICT infrastructure as a service. Data storage is only one of the many elements of that infrastructure and its specific cost is not broken down within the cost for the overall managed service contract.
I hope this information is of assistance.
104. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if all regulatory impact assessments for her legislative proposals are published on her Department's websites; the web address for each such site; and if she will make a statement on the matter. [9425/17]
View answerI am informed that it is the usual practice of my Department to publish Regulatory Impact Assessments (RIAs) for legislative proposals on my Department's website www.justice.ie.
105. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality when a family reunification will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [9470/17]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the case referred to by the Deputy has been finalised and a decision letter issued to the applicant on 10 February 2017.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
106. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the residency status and potential eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [9471/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 25th May 2011.
Representations were received from the persons' legal representative pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
107. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if the court appearances for motoring offences in the case of a person (details supplied) permanently prevent them from qualification for naturalisation or if they can reapply in view of the fact that their last offence was in 2011; and if she will make a statement on the matter. [9472/17]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation if satisfied that certain statutory conditions are fulfilled. In particular, these conditions require that an applicant is of good character.
It would be neither possible or appropriate, given the wide range of possibilities, for me to publish precise criteria on how specific offences will be considered in any application, as each application is considered on its merits based on the entirety of the case presented at that time. To do so could be interpreted as a fettering of the absolute discretion given to the Minister in the Act. I can inform the Deputy that I am concerned to ensure that the threshold of what constitutes good character is, taking all things into account, maintained at an appropriate level and as such is fair to all applicants having regard to their particular circumstances.
It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended. The fact that a person may have had an application refused does not preclude or disqualify them from submitting a fresh application in the future. Indeed, the letter advising an applicant of a negative decision also informs them that they may re-apply for the grant of a certificate of naturalisation at any time. The letter advises that, when considering making such a re-application, they should give due regard to the reasons for the refusal which were contained in the submission attached to the refusal letter and that any further application will be considered taking into account all statutory and administrative conditions applicable at the time of application.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
108. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of eligibility for residency in the case of a person (details supplied); and if she will make a statement on the matter. [9474/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child. The application was received in the relevant section of the INIS on 27 October 2016. The Deputy will appreciate that applications are dealt with in chronological order. If further information or documentation is required, the person concerned will be contacted in writing by the relevant officials in my Department.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
109. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current residency status and potential for eligibility to qualify for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [9477/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned currently holds Stamp 4 permission. When that permission expires, the person concerned should contact their local immigration registration office to renew this permission. Regional immigration offices are managed by An Garda Síochána and located at Garda stations nationwide.
I am also advised that there is no record of an application for a certificate of naturalisation from the person concerned.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.
The Deputy might note that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy should consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
110. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if urgent restoration of Stamp 4 will be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [9480/17]
View answerI refer the Deputy to my answer to his Parliamentary Question No. 47 of 26th January 2017. The situation remains unchanged. The person referred to by the Deputy was granted permission to enter and reside in the State in September 2011 pursuant to an application for family reunification made on her behalf by the person's family member who is a recognised refugee in the State. Family members are granted family reunification for the purpose of entering the State and residing with the refugee. The permission granted is, in accordance with the provisions of the Refugee Act 1996, as amended, in line with the refugee's permission and the subject of the family reunification application must be accompanied by the refugee when registering their permission to reside in the State with the Burgh Quay Registrations Office, INIS, 13-14 Burgh Quay, Dublin 2 or, should the person reside outside of Dublin, with the Immigration Officer at his/her local Garda station.
In circumstances where the refugee is no longer resident in the State, the permission granted to family members pursuant to an application for Family Reunification would have to be reconsidered as the conditions under which the permission was granted no longer exist, i.e., the status of the family member is no longer that of the 'subject of an application for family reunification'. It is open to the person concerned to submit an application to the Residence Division of this Department for permission to remain in their own right, citing the change in their circumstances.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
111. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality when a spousal family reunification will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [9481/17]
View answerI refer the Deputy to my reply to his Parliamentary Question No. 95 of Thursday 16th February 2017. The situation remains unchanged. I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for family reunification in respect of the person referred to was received in October 2016. All applications received are dealt with in chronological order by the Family Reunification Section. The application is currently being processed and a decision is expected to issue shortly.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
112. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the value of illegal drugs seized and destroyed, respectively, in each of the past five years; and if she will make a statement on the matter. [9505/17]
View answerI have requested a report from the Garda authorities on the matter raised by the Deputy and I will be in contact again when that report is to hand.
113. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the number of employees in her Department and under its aegis who are suspended from work without prejudice and on full pay pending an investigation. [9722/17]
View answerI can inform the Deputy that, in relation to my Department and the organisations under its aegis, there are 26 staff suspended from duty with full pay.
114. Deputy James Lawless asked the Minister for Finance if his Department will review the help-to-buy scheme whereby the first-time buyers 5% tax rebate from purchasing a property is paid back to developers; if consideration will be given in a review to allow this rebate to be paid directly to the first-time buyer; and if he will make a statement on the matter. [9290/17]
View answerThe legislation setting out the payment provisions for the Help to Buy incentive is contained in Section 477C (16) of the Taxes Consolidation Act 1997. Claimants are required to complete a two-stage online process; an application and then a claim.
First-Time Buyers under the Help to Buy incentive fall into 3 categories as follows:-
1. Claimants who have contracted to purchase, or drawn down the first tranche of their qualifying loan to self-build, their home in the period between 19 July 2016 and 31 December 2016, inclusive. This category is known as Retrospective Claimants.
2. Claimants who draw down the first tranche of their qualifying loan to self-build their home in the period between 1 January 2017 and 31 December 2019.
3. Claimants who contract to purchase their home, in the period between 1 January 2017 and 31 December 2019.
Regarding retrospective claimants, I am advised by Revenue that the claim process does not require the developer to pass information to Revenue. Instead, retrospective claimants are required to submit supporting documentation including a signed copy of the contract, evidence of their mortgage or mortgage drawdown, and details of the property directly to Revenue.
Regarding claimants who draw down the first tranche of their qualifying loan to self-build their home in the period between 1 January 2017 and 31 December 2019, I am advised that the information supplied by the claimant will require verification by the claimant's solicitor before any refund is paid. The appropriate refund will be made to the claimant's qualifying loan bank account. Such claims do not require the developer to pass information to Revenue.
Regarding claimants who contract to purchase their home in the period between 1 January 2017 and 31 December 2019, I am advised that the information supplied by the claimant will require verification by the Revenue-approved qualifying contractor before any refund is paid. The appropriate refund will be made directly to the qualifying contractor.
I am advised by Revenue that as of 10 February 2017 there have been 138 applications for registration as 'qualified contractors', with 55 of these being fully approved. Given the number of queries they have received from contractors, Revenue anticipates that the number of approved contractors will continue to increase over coming weeks.
Requiring contractors to register with Revenue under the Help to Buy incentive in advance of processing any claims is an important element to ensure compliance under the scheme and is necessary in order to safeguard public monies being paid under the incentive. As such, I do not intend to remove this requirement to register or to allow the rebate be paid directly to the first time buyer when they are purchasing a home from a contractor.
The Help to Buy scheme is a generous incentive that facilitates the purchase of a new home by a first time buyer. For new builds, the rebate is payable on signing the contract to purchase the property rather than upon completion of the sale. This means that it is necessary that details of the planning permission and ownership of the land are provided to Revenue. This information is completely within the control of the builder/developer. The other key condition is that of tax clearance/tax compliance. If a contractor is not tax compliant, in order to participate in the scheme, he or she should engage with Revenue to bring his or her tax affairs up to date.
115. Deputy Dara Calleary asked the Minister for Finance the rationale for the imposition of a restriction on public-private partnerships whereby private investment cannot be more than 10% of the final project cost; and his views on whether this poses a barrier to making use of the European Fund for Strategic Investment to increase investment in State infrastructure projects. [9108/17]
View answerI am informed by my colleague the Minister for Public Expenditure and Reform, who has responsibility for national policy on Public Private Partnerships (PPPs), that PPPs offer an alternative model for delivering infrastructure that can be effective in particular circumstances. He adds, however, that the long-term nature of the financial commitments arising under PPPs require that the use of such arrangements must be carefully planned in order to ensure that they are used to address infrastructural needs in a manner that is sustainable in the long term and which the public finances can afford.
It was for this reason that the Government introduced an Investment Policy Framework for PPPs in 2015. The purpose of the framework is to limit the extent to which PPPs should pre-commit future funding available for capital investment relative to the overall aggregate Exchequer capital allocation available in any individual year. This includes unitary payment charges in respect of existing PPPs and up-front costs associated with new PPPs, in recognition of the reality that, PPP procurement is a minority procurement option. There is no limit on the percentage of a PPP that can be privately funded. In fact PPPs are generally 100% privately funded as off balance sheet projects. However, it has been agreed that, taken together, costs in respect of PPPs should not pre-commit more than 10% of the overall aggregate capital funding available to future Governments in any individual year.
The European Fund for Strategic Investment (EFSI), to which the Deputy refers, is the joint initiative of the EIB Group and the European Commission aimed at mobilising private financing for strategic investments through loan funding. Since EFSI's inception, Ireland has seen the main potential beneficiaries of EFSI are likely to be commercial investment projects (including PPP Companies). In this regard, I am pleased that the Department of Health's Primary Health Care Centres PPP has successfully drawn down EFSI funds.
EFSI is an important additional funding possibility alongside others such as the EIB's normal lending, the State's borrowings through the NTMA and other mechanisms such as PPPs and off-balance sheet vehicles. However it should be remembered that each EFSI loan entered into by the State pre-commits funding for the repayment of such loans, and has to be considered in the context of the expenditure benchmark under the EU's fiscal rules. The answer, therefore, is not simply about spending more; it is about matching the most appropriate source of funding with investment needs, and ensuring that taxpayers' money is spent wisely.
As the Deputy will be aware, the Government's Capital Plan is also overseen by my colleague, the Minister for Public Expenditure and Reform. In accordance with this, that Minister has responsibility for the approval of Exchequer capital projects, PPP projects and borrowing-led investment, within the broader context of considering the full range of available funding options for State investment.
116. Deputy Dara Calleary asked the Minister for Finance further to Parliamentary Question No. 164 of 22 November 2016, if he will expand on the statement (details supplied). [9109/17]
View answerThe repayment of EFSI loans, entered into by the State, constitutes general government expenditure and, therefore, needs to be taken into account from a fiscal rules perspective.
I want to assure the Deputy that the Government is fully aware of the importance and need for capital investment and is implementing a number of measures to provide additional public infrastructure. For instance, in the 2016 Summer Economic Statement, the Government set out plans to invest an additional €5.14 billion over the period to 2021. This increase is reflected in the gross voted capital projections. The outturn for 2016 of €4.24 billion will increase to nearly €7.3 billion per annum by 2021. This increase in gross voted capital relies to a large extent on the capital smoothing feature used in the expenditure benchmark, an in-built flexibility designed to support capital investment. So the Government is making use of the flexibility in the fiscal rules.
I would also point out that my colleague, the Minister for Public Expenditure and Reform, is undertaking a capital review this year to ensure that capital spending is fully aligned with national economic and social priorities.
At EU level, Ireland supports the European Commission's €315 billion Investment Plan for Europe, which includes the European Fund for Strategic Investment (EFSI). EFSI commenced operations in July 2015 from which time it has been possible for any project promoter, either public or private, to engage with the European Investment Bank regarding the possibility of receiving loans or guarantees under EFSI for particular projects.
Since inception, Ireland has seen the main potential beneficiaries of EFSI as being in the private sector including entities such as PPP companies. In this regard, I am pleased that the Department of Health's Primary Health Care Centres PPP has successfully drawn down EFSI funds. In addition, the Strategic Banking Corporation of Ireland (SBCI) has successfully engaged with European Financial Instruments such as the COSME and the InnovFin Guarantee Programme, both of which are made available under the EFSI SME Window. These support the financing needs of SMEs and aim to ensure that there is an adequate supply of affordable and appropriate credit to meet their needs.
President Juncker launched a Commission proposal to extend EFSI both in terms of time and financial capacity on 14 September last and Ireland is fully engaged in the discussions towards securing an agreement that will continue to support investment across the EU including in Ireland.
Sustainable public finances are a pre-requisite for continued strong economic growth. My view is that the fiscal rules should not be seen as inhibiting policymakers - they are about ensuring sustainable improvements in living standards for all our citizens.
Finally, and as the Deputy will be aware, approval of Exchequer capital projects and PPP projects are the policy responsibility of the Minister for Public Expenditure and Reform and, in this context, he engages with each line Department on an ongoing basis to consider and assess projects and the full range of available funding options.
117. Deputy Noel Grealish asked the Minister for Finance the number of companies or officers of companies that have been prosecuted for delivering to the Revenue Commissioners incorrect accounts in connection with corporation tax whereby a period of six years has expired from the date of the delivery of these accounts to the date of the commencement of this prosecution between the years 2007 to 2016; the number of these prosecutions that have proceeded summarily in the District Court; the number of these prosecutions that have proceeded upon indictment in the Circuit Criminal Court; and if he will make a statement on the matter. [9110/17]
View answer118. Deputy Noel Grealish asked the Minister for Finance the number of companies or officers of companies that have been prosecuted for delivering to the Revenue Commissioners incorrect information in connection with corporation tax where a period of six years has expired from the date of the delivery of this information to the date of the commencement of this prosecution between the years of 2007 to 2016, both years, inclusive; the number of these prosecutions that have proceeded summarily in the District Court; the number of these prosecutions that have proceeded upon indictment in the Circuit Criminal Court; and if he will make a statement on the matter. [9277/17]
View answerI propose to take Questions Nos. 117 and 118 together.
It is an offence, under section 1078(2)(a) of the Taxes Consolidation Act 1997, to knowingly or wilfully deliver an incorrect return, statement or accounts or knowingly or wilfully furnish any incorrect information in connection with any return.
I am advised by the Revenue Commissioners that, between the years 2007 and 2016, there were no prosecutions in respect of the delivery of incorrect accounts or incorrect information in connection with corporation tax. However, there was a prosecution, resulting in conviction, in respect of the delivery of an incorrect return for corporation tax, where the offence concerned had occurred more than six years before the institution of the prosecution. That case proceeded summarily, in the District Court. In another prosecution for the same offence during the period in question, the alleged offence had also occurred more than six years before the institution of the prosecution. That case concluded with the entering of a nolle prosequi.
