Wednesday, 17 May 2017

Written Answers Nos. 105 - 113

Tax Code

Questions (105)

Willie Penrose

Question:

105. Deputy Willie Penrose asked the Minister for Finance the status of a tax refund for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23583/17]

Written answers

Minister for Finance

I am advised by Revenue that a refund of tax for 2016 was made by direct credit to the nominated bank account of the authorised agent of the person concerned on 16 February, 2017.

Brexit Issues

Questions (106)

Micheál Martin

Question:

106. Deputy Micheál Martin asked the Minister for Finance if he or his Department is assessing options on border control other than a hard border; and the measures which will be required between Northern Ireland and here, in view of the repeated statements from Prime Minister May regarding leaving the customs union and the response from the EU confirming that this will require a type of border. [16716/17]

Written answers

Minister for Finance

The Government has published  a comprehensive document on ‘Ireland and the negotiations on the UK’s withdrawal from the European Union under Article 50 of the Treaty on European Union’ on 2 May.

The Government's position in relation to the Border with Northern Ireland in the context of Brexit is very clear - continued freedom of movement, absence of a hard border, and minimal impact on business and trade are key objectives.  Clearly in this regard the closer the trading relationship between the UK and EU is more generally the better.

I would point out that the guidelines for the EU 27 Article 50 negotiation framework, agreed by the Heads of State and Government on 29 April, specifically refer to the need to support and protect the achievements, benefits and commitments of the Peace Process.

In this regard the guidelines recognise the unique circumstances on the island of Ireland, outlining the need for flexible and imaginative solutions, including with the aim of avoiding a hard border, while respecting the integrity of the Union's legal order.

The Government has welcomed the EU’s negotiating guidelines as reflecting Ireland’s unique concerns and priorities. They express the EU’s continued support for the Peace Process and the need to protect the Good Friday Agreement. They acknowledge the need for flexible and imaginative solutions to avoid a hard border on the island of Ireland. They agree to the recognition of existing bilateral agreements and arrangements between the UK and Ireland, which are compatible with EU law, such as the Common Travel Area.

Ireland has also secured the agreement of its EU counterparts on the need to recognise the unique constitutional status of Northern Ireland and the need to ensure that – should a united Ireland be brought about in accordance with the Good Friday Agreement – the entire territory of such a united Ireland would be part of the European Union.

This is a positive outcome, showing that the Government’s extensive political, diplomatic and official campaign of recent months has been effective in ensuring understanding and recognition of our unique circumstances and specific issues.

Like all Government agencies, the Revenue Commissioners are actively engaged in examining a range of scenarios in order to support Ireland's objectives.  The precise arrangements that will apply after Brexit will depend on the outcome of negotiations which will now take place between the EU and UK.

Money Laundering

Questions (107)

Micheál Martin

Question:

107. Deputy Micheál Martin asked the Minister for Finance his views on the fines imposed on a bank (details supplied) for breaches of money laundering rules. [20724/17]

Written answers

Minister for Finance

As the Deputy will be aware, I, as Minister for Finance, have no function in the relationship between the Irish banks and their regulator, the Central Bank of Ireland. The Central Bank is the statutory supervisory and enforcement authority for regulated financial services providers in Ireland, and it is also responsible for protecting the consumer of financial services. As such, it is the independent responsibility of the Central Bank to ensure that financial institutions and individuals are held accountable for their compliance with anti-money laundering ("AML") and countering the financing of terrorism ("CFT") preventative obligations set out in Criminal Justice Act 2010 (CJA 2010).

I am advised by the Central Bank that its recent investigation into designated persons' compliance with AML and CFT preventative obligations was conducted under the Central Bank's Administrative Sanctions Procedure (ASP) as per Part IIIC of the Central Bank Act 1942.

One of the relevant AML/CFT breaches for an ASP case can be a breach of section 42 of the CJA 2010, which requires designated persons to submit a suspicious transaction report ("STR") to An Garda Síochána and to the Revenue Commissioners "as soon as practicable". Designated persons are obliged to submit STRs where a suspicion or knowledge of money laundering or terrorist financing arises during the course of business.

For the purpose of clarification, an investigation under ASP is not a criminal investigation. The Central Bank's supervisory remit is to monitor credit and financial institutions for compliance with AML/CFT control measures.  It has not a statutory remit to investigate or prosecute substantive money laundering or terrorist financing offences. Any fine that is imposed for AML/CFT breaches by the Central Bank under ASP relates to control breaches and not to actual money laundering or terrorist financing offences.

Departmental Bodies Data

Questions (108)

Ruth Coppinger

Question:

108. Deputy Ruth Coppinger asked the Minister for Finance the number of persons who are employed under the aegis of his Department through agencies in the public sector; and if he will make a statement on the matter. [23931/17]

Written answers

Minister for Finance

I understand that the Deputy is referring to persons employed by bodies under the aegis of my Department through recruitment agencies.

I have been advised that of the 18 bodies under the aegis of my Department, 7* bodies have persons employed through agencies. I have included the number of persons in the following table in respect of these 7 bodies, as requested.

Of the remaining 11 bodies, I am advised that none have persons employed through agencies.

Body	The number of persons that are employed under the aegis of his department through agencies in the public sector
C&AGs	15
Central Bank	13
National Treasury Management Agency	11*
Financial Services Ombudsman Bureau	3
Office of the Revenue Commissioners	13

* The National Treasury Management Agency (NTMA) assigns staff to the National Asset Management Agency (NAMA) and the Strategic Banking Corporation of Ireland (SBCI). This figure relates to temporary staff working in the NTMA who are employed through agencies.

Departmental Agencies Staff Data

Questions (109)

Ruth Coppinger

Question:

109. Deputy Ruth Coppinger asked the Minister for Finance the persons employed through agencies in his Department, in tabular form; and if he will make a statement on the matter. [23944/17]

Written answers

Minister for Finance

I wish to inform the Deputy that there are no persons employed through agencies in my Department. There are 12 persons employed in the Shareholding and Financial Advisory Division of my Department who are seconded from the NTMA.

Departmental Agencies

Questions (110)

Bríd Smith

Question:

110. Deputy Bríd Smith asked the Minister for Finance the monetary value of all work contracted out under the aegis of his Department to external agencies or consultancy for work completed or investigations undertaken in human resources and industrial relations including hiring and interviewing of staff and so on; and if he will make a statement on the matter. [23957/17]

Written answers

Minister for Finance

In response to the Deputy, the information which I am providing is in respect of costs incurred to date in 2017. I have been advised that of the 18 bodies under the aegis of my Department, 6* have incurred costs for contracted work completed by external agencies or consultants in human resources and industrial relations. I have included the details of payments made to date in 2017 in the following table in respect of these 4 bodies, as requested.

Of the remaining 14 bodies, I have been advised that they have not incurred any applicable costs.

Body	The monetary value of all work contracted out under the aegis of his/her Department to external agencies or consultancy for work completed or investigations undertaken in human resources and industrial relations including hiring and interviewing of staff and so on
Financial Services Ombudsman Bureau	€2, 033
Irish Fiscal Advisory Council	€3,064
National Treasury Management Agency	€41,951*
Office of the Revenue Commissioners	€2,685

* The National Treasury Management Agency (NTMA) assigns staff to the National Asset Management Agency (NAMA) and the Strategic Banking Corporation of Ireland (SBCI) and also provides them with business and support services and systems. The costs incurred relate directly to psychometric assessment and medical assessment as required under the NTMA recruitment and selection process and include VAT where applicable.

Special Educational Needs

Questions (111)

Carol Nolan

Question:

111. Deputy Carol Nolan asked the Minister for Education and Skills the reason a person (details supplied) has been refused a place in a preschool pending receipt of a diagnostic report from the early intervention team; when the school will be provided with written confirmation of diagnosis from the early intervention team; and if he will make a statement on the matter. [23410/17]

Written answers

Minister for Education and Skills

ASD Early intervention classes are available for children aged 3-5 with a diagnosis of Autism Spectrum Disorder (ASD). Early intervention classes are intended to provide early support for children with ASD before they start school. Following early intervention children will attend a mainstream class unless there is professional guidance that they require a special class or a placement in a special school.

In order to access an early intervention class children over 4 years of age (who will not reach the age of 6 during the school year) must have an ASD diagnosis and a recommendation from a relevant professional for an early intervention placement.

The availability and provision of health-related services is the responsibility of the Health Service Executive (HSE), and matters in relation to the provision of such services should be directed to the Minister for Health through the Health Service Executive. My Department has no responsibility for such services.

Junior Cycle Reform

Questions (112)

Fiona O'Loughlin

Question:

112. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the number of secondary schools by county that will roll out the junior certificate schools programme; and if he will make a statement on the matter. [23372/17]

Written answers

Minister for Education and Skills

The Junior Certificate School Programme (JCSP) is particularly targeted at junior cycle (lower secondary) students who are identified as being at risk of early school leaving, perhaps without completing the Junior Certificate.

The breakdown of schools offering the JCSP, by county, for the 2016/2017 school year is in the following table. There are a small number of special schools that also offer the programme. Finalised figures for special schools for 2016 are not yet available.

County	Schools Offering JCSP in 2016
Carlow	3
Cavan	2
Clare	3
Cork	22
Donegal	14
Dublin	55
Galway	12
Kerry	5
Kildare	5
Kilkenny	3
Laois	2
Leitrim	1
Limerick	8
Longford	4
Louth	5
Mayo	7
Meath	5
Monaghan	5
Offaly	4
Sligo	4
Tipperary	8
Waterford	7
Westmeath	3
Wexford	9
Wicklow	4

State Examinations Data

Questions (113)

Fiona O'Loughlin

Question:

113. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the number of secondary schools by county that will roll out the leaving certificate applied programme; and if he will make a statement on the matter. [23373/17]

Written answers

Minister for Education and Skills

The Leaving Certificate Applied (LCA) programme is one of a number of options made available by my Department for Senior Cycle students which schools can choose from, based on the education needs and interests of their student.  The LCA is a two-year programme designed for those students who do not wish to proceed directly to higher education or for those whose needs, aptitudes and learning styles are not fully catered for by the other two Leaving Certificate programmes.      

Breakdown by county offering Leaving Cert Applies in 2016/2017 is as follows:-

County	Number of Schools Offering LCA
Carlow	2
Cavan	6
Clare	7
Cork	31
Donegal	18
Dublin	67
Galway	10
Kerry	12
Kildare	14
Kilkenny	3
Laois	3
Leitrim	1
Limerick	14
Longford	1
Louth	12
Mayo	11
Meath	12
Monaghan	6
Offaly	9
Roscommon	1
Sligo	6
Tipperary	14
Waterford	9
Westmeath	2
Wexford	9
Wicklow	7

It is the responsibility and choice of each individual school to decide to put in place the LCA programme therefore it is not possible to predict the exact number of schools that will offer the LCA in 2017/2018.