Written Answers Nos. 96-104
96. Deputy Declan Breathnach asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 128 of 4 April 2017, the number of those fines imposed that specifically relate to smuggling or selling illicit cigarettes, fuel and alcohol; the number of attachment orders imposed; the number of persons sent to prison for non-payment; and the number of those fines paid. [23490/17]
View answerI have requested reports from the Courts Service in relation to the matters referred to in the Deputy's question and I will contact the Deputy directly as soon as all of the relevant information is to hand.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 96 for answer on Wednesday 17 May 2017 in which you requested the number of court fines imposed from 2011 to 2016 that specifically relate to smuggling or selling illicit cigarettes, fuel and alcohol, the number of attachment orders imposed, the number of persons sent to prison for non-payment and the number of those fines paid.
As you will recall the information could not be obtained in the time available and I undertook to contact you as soon as it came to hand. The Courts Service has now provided the figures set out in the following tables. It advises that no attachment orders have been imposed in default of payment of a fine.
I hope that this information is of assistance.
|
Tobacco related offences |
No. of Fines Imposed |
No. of Fines Paid |
|
Jan - Dec 2011 |
35 |
25 |
|
Jan - Dec 2012 |
43 |
29 |
|
Jan - Dec 2013 |
30 |
15 |
|
Jan - Dec 2014 |
40 |
20 |
|
Jan - Dec 2015 |
64 |
29 |
|
Jan - Dec 2016 |
67 |
29 |
|
Oil related offences |
No. of Fines Imposed |
No. of Fines Paid |
|
Jan - Dec 2011 |
132 |
67 |
|
Jan - Dec 2012 |
155 |
63 |
|
Jan - Dec 2013 |
157 |
70 |
|
Jan - Dec 2014 |
171 |
72 |
|
Jan - Dec 2015 |
184 |
48 |
|
Jan - Dec 2016 |
114 |
19 |
|
Alcohol related offences |
No. of Fines Imposed |
No. of Fines Paid |
|
Jan - Dec 2011 |
85 |
65 |
|
Jan - Dec 2012 |
150 |
121 |
|
Jan - Dec 2013 |
108 |
85 |
|
Jan - Dec 2014 |
71 |
53 |
|
Jan - Dec 2015 |
79 |
69 |
|
Jan - Dec 2016 |
67 |
33 |
The Courts Service has asked me to state that the data supplied is to address the specific query and is valid for that purpose only and may represent an incomplete data set if employed for any other purpose.
The Irish Prison Service has supplied the following figures for the number of persons sent to prison for the non-payment of a fine
|
Year |
Tobacco related offences |
Oil related offences |
Alcohol related offences |
|
2011 |
8 |
27 |
0 |
|
2012 |
12 |
38 |
3 |
|
2013 |
9 |
42 |
4 |
|
2014 |
12 |
44 |
7 |
|
2015 |
15 |
74 |
5 |
|
2016 |
14 |
72 |
1 |
97. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality the number of persons who are employed under the aegis of her Department through agencies in the public sector; and if she will make a statement on the matter. [23934/17]
View answer98. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality the persons employed through agencies in her Department in tabular form; and if she will make a statement on the matter. [23947/17]
View answerI propose to take Questions Nos. 97 and 98 together.
I wish to advise the Deputy that my Department and the Agencies under its remit use the services of the State's independent recruitment office, the Public Appointments Service, to the maximum extent possible.
However, in order to deliver the business of the organisation, it is occasionally necessary for my Department and its Agencies to engage the services of external recruitment or employment agencies. The following table contain the relevant details as of 17 May 2017.
|
Name of Recruitment Agency |
Services Provided |
|
Eir |
Receptionist Services in the Probation Service - 3 persons |
|
CPL Healthcare Recruitment |
Employment of 31 Nurses, 7 Chaplains, and 4 Psychologists for the Irish Prison Service |
|
Locumotion Recruitment |
Employment of 12 Locum Doctors (including weekend cover) for the Irish Prison Service |
99. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality the monetary value of all work contracted out under the aegis of her Department to external agencies or consultancies for work completed or investigations undertaken in human resources and industrial relations including hiring and interviewing of staff and so on; and if she will make a statement on the matter. [23959/17]
View answerThe total monetary value of work contracted out to external agencies and consultants from my Department and agencies under my aegis from January 2016 to date is as follows:
|
Services Provided |
Fees |
|
Workplace Investigations |
€ 81,318 |
|
Recruitment Services |
€ 84,304 |
|
Legal Services |
€ 38,423 |
|
Total |
€204,045 |
The Deputy may also wish to note that from time to time my Department and agencies under my aegis would engage interview board members directly who would be paid a daily rate in line with relevant DPER guidelines.
100. Deputy Niall Collins asked the Minister for Finance if the Revenue Commissioners are legally entitled to take a portion of a person's social welfare payment if they have outstanding debt and tax liabilities; the procedure by which this can be done; and if he will make a statement on the matter. [23394/17]
View answerSection 1002 of the Taxes Consolidation Act 1997 provides for the use of Attachment Orders by Revenue in situations where a taxpayer or business fails to meet statutory tax payment obligations and opts not to engage in identifying and agreeing a mutually acceptable solution. I am advised by Revenue that its clear preference is always to work with taxpayers experiencing cash-flow difficulties and where possible agree mutually acceptable payment solutions.
Revenue has confirmed that it only uses its Attachment powers in the more egregious cases and where standard enforcement options such as Sheriff or external solicitor fail to secure collection. Where Revenue serves an Attachment Order on a financial institution or relevant third party it also forwards a copy of the notice to the taxpayer so that there is full awareness of the seriousness of the situation.
Revenue advises me that it does not serve attachment orders on the Department of Social Protection in respect of payments from that Department in respect of any pension or benefit payments payable to a recipient. However, when attachment orders are served on a Bank or other institution, Revenue will not be aware of the source of any funds in any such account.
Revenue is always conscious of the challenges that can exist for some taxpayers or businesses in meeting their tax obligations in a timely manner due to cash flow difficulties. Revenue caseworkers work with people in such situations in an effort to agree mutually acceptable payment solutions in preference to deploying debt collection/enforcement sanctions, including Attachment Orders. Where Revenue is informed of DSP payments during the engagement process this helps to inform an agreed solution.
I understand the Deputy may be referring to a particular case, and, if so, I would urge him to encourage the person concerned to make early contact with Revenue so that a solution can be put in place as quickly as possible. In this respect the person concerned should make direct contact with Mr. Leonard Burke, Principal Officer in the Collector-General’s Office telephone 061-488551.
101. Deputy Marc MacSharry asked the Minister for Finance if he has considered increasing the standard rate tax band from €33,800, based on personal circumstances of a single, widowed or a surviving civil partner, to €36,900 with a similar increase for all other personal circumstances; if he will provide a costing of same in tabular form; and if he will make a statement on the matter. [23419/17]
View answer102. Deputy Marc MacSharry asked the Minister for Finance if he has considered introducing an additional tax band for income levels between €33,800 and €36,900 taxable at 33% based on personal circumstances of a single, widowed or a surviving civil partner without qualifying children with a similar band for all other personal circumstances; if he will provide a costing of same in tabular form; and if he will make a statement on the matter. [23420/17]
View answerI propose to take Questions Nos. 101 and 102 together.
The Deputy may wish to note that a Post-Budget 2017 Ready Reckoner is available on the Revenue Statistics webpage at http://www.revenue.ie/en/about/statistics/index.html.
In relation to the first question, this Ready Reckoner shows a wide range of detailed information, including the estimated cost or yield to the Exchequer of widening the standard tax rate bands. While the Ready Reckoner does not show all of the specific costings requested by the Deputy, other changes can be estimated on a pro-rata basis with those displayed in the Reckoner.
In relation to the second question, I am informed by Revenue that the first and full year cost of introducing an additional tax band in the manner outlined by the Deputy is estimated to be in the order of €165 million and €191 million respectively.
These figures and all figures provided in the Ready Reckoner are estimates from the Revenue tax forecasting model using latest actual data for the year 2014, adjusted as necessary for income, self-employment and employment trends in the interim. They are estimated by reference to projected 2017 incomes. They are provisional and may be revised.
As the Deputy will be aware, in the Programme for Partnership Government there is a commitment to ask the Oireachtas to continue to phase out the Universal Social Charge (USC) as part of a wider medium-term income tax reform plan that keeps the tax base broad, reduces excessive tax rates for middle income earners, and limits the benefit for high earners. The Programme for Government therefore incudes a commitment not to index tax credits or rate bands. Indexation of the income tax standard-rate bands would benefit only those currently paying income tax at the higher rate – i.e. single individuals earning over €33,800 and single-income married couples earning over €42,800. It is estimated that in 2017, 21% of taxpayer units will pay income tax at the higher rate. Indexation of the standard rate bands would therefore be of benefit to only 21% of taxpayers.
I have long said that the burden of the income tax system in Ireland is too high and that I would seek to reduce it as soon as it was prudent to do so. Budget 2017 has, for the third year in succession, introduced reductions in the income tax burden for all those within the scope of USC with the three lowest rates of USC having been reduced over these years from 2%, 4% and 7% to 0.5%, 2.5% and 5% respectively. This is important progress in making work pay and supporting individuals returning to and remaining in employment.
In this regard the Income Tax Reform Plan developed for consultation with the Oireachtas, published in July last year, may be of interest, and is available at the following link: http://www.finance.gov.ie/sites/default/files/Income%20Tax%20Reform%20Plan-FINAL_0.pdf
103. Deputy Barry Cowen asked the Minister for Finance the amount spent by bodies and agencies under the aegis of his Department on renting car park spaces in each of the years from 2011 to 2016, inclusive, and to date in 2017 in tabular form; and if he will make a statement on the matter. [23466/17]
View answerIn response to the Deputy, I am advised that of the 18 bodies under the aegis of my Department, 8 have incurred costs relating to the rental of car park spaces for the period in question. I have included the details of payments made in each of the years 2011 to 2016 and to date in 2017 in the following table in respect of these 8 bodies, as requested.
Of the remaining 10 bodies, the Office of Public Works provides a service to the Comptroller and Auditor General and the Tax Appeals Commission in relation to provision of car park facilities. The remaining 8 bodies under the aegis of my Department have not incurred any car parking space costs.
|
Body |
The amount spent on renting car park spaces in each of the years 2011 to 2016 and to date in 2017. |
|
|
Central Bank |
Year |
Cost |
|
2011 |
€185,000 |
|
|
2012 |
€185,000 |
|
|
2013 |
€185,000 |
|
|
2014 |
€185,000 |
|
|
2015 |
€185,000 |
|
|
2016 |
€185,000 |
|
|
2017 |
€ 46,000 |
|
|
Credit Union Restructuring Board (ReBo) |
Effective from March of 2014, ReBo has operated within a sub-lease from the Law Reform Commission. Quarterly amounts payable within that sub-lease include access to car parking facilities. No breakdown of costs available. |
|
|
Financial Services Ombudsman Bureau |
Year |
Cost |
|
2011 |
€4,918 |
|
|
2012 |
€3,750 |
|
|
2013 |
€5,000 |
|
|
2014 |
€5,000 |
|
|
2015 |
€5,000 |
|
|
2016 |
€5,000 |
|
|
2017 |
€1,667 |
|
|
Irish Bank Resolution Corporation |
Year |
Cost |
|
2013 |
€82,134.07 |
|
|
2014 |
€89,600.80 |
|
|
2015 |
€81,759.73 |
|
|
2016 |
€46,045.81 |
|
|
2017 |
€0 |
|
|
Note:I am advised that it would be a significant and costly exercise for the Special Liquidators to undertake compiling this information for the period prior to their appointment given the information is not readily available and the compilation of this information would be an entirely manual process. |
||
|
National Treasury Management Agency |
Year |
Cost |
|
2011 |
€125,546 |
|
|
2012 |
€89,120 |
|
|
2013 |
€63,290 |
|
|
2014 |
€63,290 |
|
|
2015 |
€65,927 |
|
|
2016 |
€99,133 |
|
|
2017 |
€16,407 (up to 30 April 2017) |
|
|
National Asset Management Agency |
* -The National Asset Management Agency were recharged a portion of the NTMA fees for 2011-2016 inclusive. |
|
|
Strategic Banking Corporation of Ireland |
* -The Strategic Banking Corporation of Ireland has been recharged a portion of the NTMA fees since its inception in 2014. |
|
|
Office of the Revenue Commissioners |
Year |
Cost |
|
2011 |
€18,000 |
|
|
2012 |
€18,000 |
|
|
2013 |
€18,000 |
|
|
2014 |
€18,000 |
|
|
2015 |
€18,000 |
|
|
2016 |
€18,240 |
|
|
2017 |
€9,480 (payments made to date) |
|
104. Deputy Jackie Cahill asked the Minister for Finance the restrictions, rules or regulations for regulated financial institutions in making telephone contact with mortgage holders in arrears; the number of times per day, week or month they can ring a mortgage holder; the sanctions for financial institutions that break these rules; and if he will make a statement on the matter. [23579/17]
View answerThe Central Bank’s Code of Conduct on Mortgage Arrears 2013 (CCMA) sets out how mortgage lenders must treat borrowers in or facing mortgage arrears. The CCMA applies to the mortgage loan of a borrower which is secured by his/her primary residence. The CCMA provides that a lender must ensure that it has in place a Mortgage Arrears Resolution Process (MARP) as a framework for handling cases. The first step in the MARP process is communication with the borrower.
Under the CCMA, a lender is required to produce and implement a policy, approved by the board of directors, regarding communications with borrowers. Further the CCMA provides that a lender must ensure that the level of communications from the lender, or any third party acting on its behalf, is proportionate and not excessive, taking into account the circumstances of the borrowers, including that unnecessarily frequent communications are not made. The lender must also ensure that communications with borrowers are not aggressive, intimidating or harassing and that borrowers are given sufficient time to complete an action they have committed to before follow up communication is attempted. Steps must also be taken to agree future communication with borrowers. A lender must maintain records of all communications with borrowers in mortgage arrears or in pre arrears.
For mortgages in arrears that do not fall within the scope of the CCMA, lenders are required to comply with the arrears handling provisions of the Central Bank’s Consumer Protection Code 2012 (‘the Code’). The relevant provisions as regards ‘Arrears Handling’ are contained in Chapter 10 of the Code. The Code provides that a regulated entity must ensure that the level of contact and communications with a personal consumer in arrears is proportionate and not excessive. Each calendar month, no more than three unsolicited communications to a personal consumer in respect of arrears, by whatever means, can be initiated. This does not include any communication that has been requested by, or agreed in advance with, the personal consumer; and any communication to the personal consumer the sole purpose of which is to comply with the requirements of the Code or other regulatory requirements.
If a consumer is not satisfied with how a regulated entity is dealing with him/her, or believes that the regulated entity is not following the requirements of the Central Bank codes and regulations, the consumer should firstly make a complaint to the regulated entity. Under the Consumer Protection Code (Provisions 10.7 to 10.12), regulated entities must have a complaints procedure in place and must handle complaints speedily, efficiently and fairly. If a consumer is not happy with the response he/she receives from the regulated entity they can, provided the conduct complained of occurred within the last six years, escalate their complaint to the Financial Services Ombudsman (FSO). The FSO has the statutory powers to investigate complaints against financial services providers.
I am informed by the Central Bank that it has a wide range of tools at its disposal to investigate and take action against regulated entities and/or individuals which fall short of its' expected standards of behaviour, up to and including, where appropriate, administrative sanctions (which can include fines and other penalties) under Part IIIC of the Central Bank Act 1942 in the case of a contravention of the above requirements.
