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Thursday, 25 May 2017

Written Answers Nos. 66-85

Garda Deployment

Questions (66)

Seán Fleming

Question:

66. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality the number of personnel in An Garda Síochána who have long-term arrangements with restricted lighter station duties or assignments; and if she will make a statement on the matter. [25053/17]

View answer

Written answers

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the allocation of all resources, including personnel, and I, as Minister, have no direct role in the matter.

I am advised by the Garda Commissioner that employees of An Garda Síochána are facilitated, when necessary, with accommodations in workplace arrangements following periods of absence, on medical advice. Such accommodations may include adapted patterns of working time and modifications of duties which are afforded to employees to facilitate their reintegration into the workplace.

I am further advised that An Garda Síochána is committed to supporting all employees for medical or recuperative reasons following injury or a period of illness and will continue to afford all reasonable accommodations to employees as deemed necessary in consultation with the Chief Medical Officer.

I am informed that as of 31 March 2017, the latest date for which figures are readily available, the number of Garda members, being facilitated with light duties or restricted hours on the recommendation of the Chief Medical Officer, was 476. This figure is subject to change on a daily basis.

Citizenship Applications

Questions (67)

Michael Healy-Rae

Question:

67. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on a matter regarding a person (details supplied); and if she will make a statement on the matter. [25099/17]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a request for a Statement of Non-Acquisition of Irish citizenship from the person referred to by the Deputy. It is open to the person concerned to contact Citizenship Division (details available at www.inis.gov.ie) to complete the necessary documentation.

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.

Naturalisation Applications

Questions (68)

Bernard Durkan

Question:

68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if documentation required in the case of a person (details supplied) has been received by the relevant section of her Department with particular reference to the updating of their stamp 4 status; if the process of their application for naturalisation can now continue; and if she will make a statement on the matter. [25127/17]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is under consideration and has not yet reached a conclusion. I understand the person recently renewed their permission to reside in the State, which is now extended to 20 March 2018.

As the Deputy will appreciate, 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 it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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.

Immigration Status

Questions (69)

Bernard Durkan

Question:

69. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 57 of 11 May 2017, if the case of a person (details supplied) can be reviewed with a view to family reunification; and if she will make a statement on the matter. [25130/17]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a valid Deportation Order made on 20 June 2002. The Deputy might wish to note that persons the subject of a Deportation Order are obliged to remove themselves from the State and it is only when they do not do so that the State is obliged to intervene.

Representations were received from the person concerned, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked. Following the detailed consideration of the information submitted in support of the request, the Deportation Order was affirmed on 25 April 2016.

Further representations have now been received from the legal representative of the person concerned, again pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended), requesting the revocation of the Deportation Order. This request will be considered as soon as it is possible to do so. The Deputy might wish to note that the decision to ensue from the consideration of this request is that the existing Deportation Order will be either 'revoked' or 'affirmed'. Once such a decision has been made, this will be notified in writing.

I am advised that the position in the State of the spouse of the person concerned is not such as would carry any entitlement to family reunification.

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.

Garda Síochána Ombudsman Commission Staff

Questions (70)

Clare Daly

Question:

70. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if the two investigators seconded to the Charleton tribunal from GSOC have been covered by alternative recruitment; if not, the way in which she envisages the shortage of GSOC resources would be covered; and if she will make a statement on the matter. [25226/17]

View answer

Written answers

In response to a request from the sole member of the Disclosures Tribunal and with the agreement of the Chairperson of the Garda Síochána Ombudsman Commission two investigators were seconded by GSOC to the Disclosures Tribunal in March. I am grateful to the Chairperson of GSOC for her assistance in this matter. In consequence of this secondment I obtained the sanction of the Department of Public Expenditure and Reform for GSOC to recruit two investigators to fill the two seconded posts. GSOC were informed of this sanction in early March.

Courts Staff

Questions (71)

Clare Daly

Question:

71. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if the secondment of two researchers from the Supreme Court to the Charleton inquiry will cause administrative problems for the courts. [25227/17]

View answer

Written answers

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has confirmed that two judicial researchers have been seconded to the Tribunal of Inquiry into Protected Disclosures. it is not anticipated that their secondment will give rise to any administrative difficulties for the courts as judicial researchers generally do not undertake administrative functions.

Independent Review Mechanism

Questions (72)

Clare Daly

Question:

72. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her plans to consider the cases that went before the independent review mechanism due to the fact that the process was undermined by the failure to allow applicants engage orally with the panel team or to have input into the setting of the terms of reference regarding same and that no further action was taken in most cases. [25236/17]

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Written answers

As the Deputy is aware, in May 2014 the Independent Review Mechanism (IRM) was established to consider allegations of Garda misconduct or deficiencies in the way that Gardaí had carried out investigations. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their knowledge of the criminal justice system. Recommendations were returned in all of the 320 complaints referred to the Panel and the process of issuing decision letters to the complainants largely concluded in February 2016.

I have repeatedly emphasised that the IRM was not established to act as a Commission of Inquiry or Investigation. Nor was it designed to make findings. The purpose of the review was to triage the various complaints to establish whether there was any action which I, as Minister, could take to further a resolution of that complaint. The Review did not therefore involve interviews or meetings with complainants or any other form of investigation. Counsel were required to consider the matters raised by the complainants and any corroboration offered by them and to take into account any actions already undertaken in relation to the complaint. Counsel were then required to use their knowledge and experience of criminal law to recommend whether further action was either possible or appropriate and if so to recommend to me, as Minister, the relevant action to take. It was open to the panel to make whatever recommendation they considered appropriate.

It is correct to say that the majority of the recommendations were that I should take no further action insofar as I had no role or function in relation to the matter under complaint. The reasons for this include cases where the complaints fell outside the remit of the review and ongoing matters either before the Courts or by way of investigations by the Garda Síochána Ombudsman Commission (GSOC).

I appreciate that some complainants were disappointed with the outcome of the review but it is important to note that the review mechanism was fully independent and came to its own conclusions in all cases.

Road Traffic Offences Data

Questions (73)

Thomas P. Broughan

Question:

73. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 40 of 15 November 2016 (details supplied) the progress reports of this working group which can be shared with Dáil Éireann; if the group meets regularly; if improvements are being implemented; and if she will make a statement on the matter. [25252/17]

View answer

Written answers

The Deputy will be aware that the Garda Síochána Inspectorate recommended in its report ‘The Fixed Charge Processing System – A 21st Century Strategy’ (February 2014) that a review of the summons serving process be undertaken by An Garda Síochána to ascertain the reasons for the significant level of unserved summonses and to make recommendations to provide a more effective summons serving process. An Garda Síochána's review process for improving summons service is broken down into three goal types:

The short-term goals included immediately raising the profile of summons service within An Garda Síochána. I am informed by the Garda authorities that, in June 2014, a new process was put in place, focused on improving the rate of summons service achieved by An Garda Síochána. The process was overseen by an Assistant Commissioner at national level and an Inspector was given responsibility to put processes in place to improve service rates at Divisional Level. A standard structure was developed across each division of An Garda Síochána, pending the delivery of the ICT facility required. In 2014, the rate of service of summonses in each Garda Region was placed on the agenda for meetings held by the Divisional Officer and District Officer as part of the Accountability Framework in An Garda Síochána. In addition, each Regional Assistant Commissioner directed that every effort is made to serve all summonses received in each Garda Division, Garda members are made accountable for their service of summonses and also each member should be made aware of their responsibilities to record both service and non-service details on PULSE and the importance of accurate recording of this information. Guidance on summons service was made available on An Garda Síochána's internal portal page. An Garda Síochána has completed implementation of the short-term goals.

The medium-term goals involved the establishment of a standardised reporting structure with regard to monthly summons service rates. A template was introduced for reporting on the number of summonses on hand at the beginning and end of each calendar month. The number of summonses received, served and unserved is also recorded for each calendar month. These figures are used to calculate an approximate service rate and this rate is used as a base line to identify increases or decreases in summons service over time. This system allows for managers to assess the effectiveness of the summons service process in their respective Divisions and allows National summons service rates to be monitored.

As a consequence of these initiatives, the service rate for summonses increased from an average of 57% in 2014 to 69% in the first half of 2016. An Garda Síochána indicated at the most recent public meeting with the Policing Authority on 27 April 2017, which focused on roads policing, that follow-up action is carried out when summonses are returned and that an average of 20% of those summonses not served on the first occasion are subsequently served.

It is also important to note that payments were received for 73% of Fixed Charge Notices issued in 2016, which constitutes a high payment rate and a high level of acceptance of penalty points, in the case of penalty point-offences.

The Garda authorities have indicated that meetings take place with the Courts Service on a regular basis in relation to a wide range of service related issues, including summons service. While progress on the service rate has improved, the Garda Commissioner has directed every effort should be made to build on the increased service rate achieved to date while also examining other options in terms of the outsourcing of summons service. Challenges remain in relation to effecting service of summons in certain circumstances, relating to such matters as inaccurate address data, persons moving address, or living in multi-occupancy dwellings or other settings which make service difficult. In addition, certain persons will take steps to evade service. Similar difficulties are experienced by many other police forces.

The Criminal Justice (FCPS) Working Group has been monitoring the Garda review of summons service since its establishment and has included this review in the Working Group's Work Programme, which oversees a number of priority items for implementation in the context of the FCPS. An Garda Síochána will make a presentation on its summons service review process at the next meeting of the Working Group, scheduled for 14 June 2017.

It is anticipated that the intended commencement of the third payment option on 1 June 2017 will lead to a further increase in fixed charge amount payment rates, as a result of the provision of an additional / third opportunity to pay the fixed charge amount. As regards the impact of the third payment option on summons service, it is anticipated that the volume of road traffic offence cases proceeding to court will reduce, given that the new third payment option will be affixed to and issued with the summons itself.

With the completion of the medium-term goals relating to the review, the focus of the Garda authorities is now on the long-term goals, which include reviewing the legislation to allow for different methods of service, such as reviewing the possibility of outsourcing summons service in conjunction with the postal codification of addresses which took place in 2015, and considering e-summons service as part of the future vision of summons service.

Help-To-Buy Scheme Assessment

Questions (74)

Bernard Durkan

Question:

74. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which existing incentives for first-time house buyers is assisting those who are eligible; and if he will make a statement on the matter. [25150/17]

View answer

Written answers

I assume the Deputy is referring to the Help to Buy (HTB) incentive, which assists with funding the deposit required to purchase or self-build a new home to be used as the individuals principal private residence. The scheme is open to both those who are purchasing new builds from a developer, and those who self-build. By restricting it to new builds and new self-build homes only, it is anticipated that the resulting increase in demand for affordable new build homes should encourage the construction of an additional supply of such properties.

Broadly, the relief takes the form of a rebate of income tax, including DIRT, paid over the previous four tax years. The maximum possible rebate is 5% of the purchase price, or 5% of the valuation for a self-build. Although relevant properties valued at up to €500,000 can qualify, the maximum relief is capped at €20,000 per property, subject to the applicant having paid sufficient income tax and DIRT over the previous 4 years. Where more than one individual is involved in purchasing or building a new home, all of the individuals must be first-time buyers.

There are additional conditions of the scheme that must be met, including that the mortgage taken out to purchase or build the home must be a minimum of 70% of the purchase price or 70% of the value of the property in the case of a self-build.

The HTB scheme assists first-time buyers in making up the deposit to go towards their first home. The recent changes to the Central Bank's macro prudential rules means that such buyers must be in a position to fund a deposit of a minimum of 10% of the purchase price, or property value in the case of a self build. The HTB scheme can assist with the provision of up to half of this deposit, where the conditions of the scheme are met. I am firmly of the view that the scheme is of great value for those who may have difficulty in saving for such a deposit. Particular individuals who may be encountering such difficulties include those who are paying substantial rents, and those who incur significant childcare costs. I would also point out however, that first-time buyers must continue to meet the loan to income requirements of the macro prudential rules.

Given the level of interest and uptake of the scheme, data on which are updated regularly on the Revenue Commissioners website at http://www.revenue.ie/en/about/statistics/htb-incentive-stats.html, I consider that the scheme is operating as intended.

Tax Rebates

Questions (75)

Brendan Griffin

Question:

75. Deputy Brendan Griffin asked the Minister for Finance his plans to provide an annual rebate similar to the med 1 on toll fees paid by persons commuting to and from work; the estimated upfront cost to the Exchequer of a 20% rebate; his views on whether the cumulative effect of tolling on certain routes is anti-competitive and anti-worker; and if he will make a statement on the matter. [25065/17]

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Written answers

Employees may claim a tax deduction in respect of (a) the cost of travelling expenses necessarily incurred in the performance of the duties of their employment or office; and (b) the cost of other expenses incurred wholly, exclusively and necessarily in the performance of the duties of their employment. However, these deductions do not ordinarily include the cost of travelling to and from a principal place of work.

In order to encourage the uptake of more sustainable and environmentally friendly transport options the Deputy may wish to note that persons commuting to work can already avail of the TaxSaver scheme in respect of public transport and the cycle to work scheme.

Given the information provided by the Deputy, and on the assumption that he is proposing a rebate of income tax paid, it is not possible to provide a cost for his proposal. Notwithstanding the above, the Deputy appears to be suggesting a broad based relief rather than a targeted tax incentive. In this regard, I would draw the attention of the Deputy to the tax expenditure guidelines issued by my Department, which stipulate that “the key rationale for Government intervention in a market...by way of a tax expenditure...should be the existence of a market failure" and that a tax-based incentive should be more efficient than a direct expenditure measure. A measure such as the one proposed by the Deputy does not appear to address a clear market failure in circumstances where alternative taxation based measures are already available. Therefore, I have no plans to introduce a rebate along the lines proposed by the Deputy.

State Banking Sector

Questions (76)

Clare Daly

Question:

76. Deputy Clare Daly asked the Minister for Finance his plans regarding the proceeds of the sale of shares of a bank (details supplied); and if he will use those proceeds for public investment rather than debt servicing. [25074/17]

View answer

Written answers

The Program for a Partnership Government allows for the sale of not more than 25% of any bank before the end of 2018 (plus any over-allotment option). I have not yet made any decision to proceed with a sale of shares in AIB.  In order to proceed with an IPO I would need to be satisfied that the market is prepared to put a fair and reasonable value on the bank's equity, bearing in mind the bank's current performance, its future prospects and the outlook for the Irish economy. I will do so on the advice of my officials in my Department and our financial advisors.

As I have outlined previously, the sale of financial assets, such as bank shares are transactions which do not result in a beneficial impact to the General Government Balance (GGB) under EUROSTAT rules. This is due to the fact that this type of disposal is classified as a financial transaction whereby it is essentially the exchange of one form of asset (such as shares, equities, loans) for another kind (cash). Consequently, the sale of any shareholding in AIB would not count as general government revenue. Therefore, there would not be increased capacity to spend on capital projects as a result of the sale of shares in AIB without affecting the general government balance.

While not improving the deficit, cash proceeds arising from any sale of shares would result in a reduced requirement for Exchequer borrowing which ultimately results in lower debt. A lower debt level is not only beneficial in terms of the fiscal sustainability of the State but would also lead to reduced interest payments in future years.

As public indebtedness rose partly due to the recapitalisation of the banks, the appropriate way of treating one-off revenue from divesting the State of its banking assets is to use these proceeds towards debt reduction. These disposals would also help contain contingent liabilities for the State.

As a further comment, though unrelated to banking policy, I have previously acknowledged the need for increased public investment. The current Capital Plan sets a baseline from which this Government intends to increase investment in critical infrastructure, and in areas such as housing and health, as the Deputy has identified into the future. As outlined in the 2017 Estimates, gross voted capital expenditure will increase to €4.5 billion in 2017. This represents an increase of almost €400 million in comparison to the 2016 outturn. By 2021 it is envisaged that Gross Voted Capital Expenditure will reach €7.3 billion, an increase of over 100 per cent in comparison to its level in 2014. Based on my Department’s GNP forecasts, Ireland's Exchequer public investment will reach 2.7% of GNP by 2021. These increases in investment over the coming years will be allocated to identified priorities on the basis of the outcome of the review of the Capital Plan currently underway.

State Banking Sector

Questions (77)

Pearse Doherty

Question:

77. Deputy Pearse Doherty asked the Minister for Finance if he will proceed with the sale of shares in a bank (details supplied) despite a vote by Dáil Éireann to place preconditions on the sale; and if he will make a statement on the matter. [25078/17]

View answer

Written answers

I have not yet made any decision to proceed with a sale of shares in AIB. I have consistently stated that any decision to proceed with an IPO of the bank will be based on advice from my officials and advisers, and depend on favourable market conditions which would support our objective of achieving an attractive valuation for the business. As we are well into May at this juncture, I will make a decision whether to proceed or not in the coming weeks.

As I indicated previously, the Programme for a Partnership Government allows for the sale of up to 25% (plus a standard "greenshoe" or over-allotment option) of AIB before the end of 2018. The Labour Party brought a Private Members Motion before the Dail two weeks ago which called for increased capital expenditure, which I spoke on and tabled an amendment to. I was very clear that our desire to exit and de-risk our banking exposure and issues regarding the EU Fiscal Rules, are completely unrelated and should not be conflated.

State Aid

Questions (78, 79, 80, 87, 88, 89)

Pearse Doherty

Question:

78. Deputy Pearse Doherty asked the Minister for Finance the steps Ireland has taken to collect the sum specified by the European Commission in its state aid ruling regarding a company (details supplied); and if he will make a statement on the matter. [25079/17]

View answer

Pearse Doherty

Question:

79. Deputy Pearse Doherty asked the Minister for Finance the reason Ireland has not collected the sum specified by the European Commission in its state aid ruling regarding a company (details supplied); and if he will make a statement on the matter. [25080/17]

View answer

Pearse Doherty

Question:

80. Deputy Pearse Doherty asked the Minister for Finance if Ireland has requested more time to collect the sum specified by the European Commission in its state aid ruling regarding a company (details supplied); and if he will make a statement on the matter. [25081/17]

View answer

Michael McGrath

Question:

87. Deputy Michael McGrath asked the Minister for Finance the timeframe for the collection of payment due to the State arising from the European Court of Justice judgment on a case (details supplied); and if he will make a statement on the matter. [25196/17]

View answer

Michael McGrath

Question:

88. Deputy Michael McGrath asked the Minister for Finance if the European Commission has been in contact with his Department with regard to the collection of payment due to the State arising from the European Court of Justice judgment on a case (details supplied); and if he will make a statement on the matter. [25197/17]

View answer

Michael McGrath

Question:

89. Deputy Michael McGrath asked the Minister for Finance if his Department has assessed the use of interest arising from the escrow account due to hold the payment due to the State arising from the European Court of Justice judgment on a case (details supplied); and if he will make a statement on the matter. [25198/17]

View answer

Written answers

I propose to take Questions Nos. 78 to 80, inclusive, and 87 to 89, inclusive, together.

Notwithstanding the appeal in the Apple State Aid case and the difference in view between Ireland and the Commission on the issue, the Government is committed to complying with the binding legal obligations the Commission’s Final Decision places on Ireland.

Apple therefore must be deprived of the benefit of the alleged aid and this involves two actions:

1. The calculation of the amount of aid

2. The process by which Apple are denied this amount of money

The Commission have estimated that this will amount to €13bn but the precise sum is to be calculated using the methodology set out in the Decision, which is then subject to interest as set out in EU Regulations on the recovery of State Aid.

These sums will be placed into an escrow fund with the proceeds being released only when there has been a final determination in the European Courts over the validity of the Commission’s Decision. Given the scale and bespoke nature of such a fund, the precise terms are still being negotiated and are subject to confidential and commercially sensitive deliberations.

The Government is fully committed to ensuring that recovery takes place without delay and has committed significant resources to this matter. This work is being led by my Department but also involves officials from a range of State organisations including the Revenue Commissioners, the National Treasury Management Agency and the Attorney General’s Office as well as external expertise.

Irish officials are continuing this intensive work to ensure that the State complies with all our recovery obligations as soon as possible, and remain in regular contact with the Commission and Apple.

Although the formal deadline has now passed, it is not unusual or uncommon for Member States to require more time for recovery and the Commission have acknowledged the complexity involved in our case.

State Banking Sector

Questions (81)

Pearse Doherty

Question:

81. Deputy Pearse Doherty asked the Minister for Finance the safeguards he will put in place to protect the rights and conditions, including pension entitlements of persons (details supplied) or other State backed banks following a sale. [25083/17]

View answer

Written answers

Any potential IPO of AIB, or sale of shares in the State's other investments, will make no change whatsoever to the rights of employees or pension holders in those institutions.

As the Deputy is aware, as Minister for Finance I have no role in the day-to-day operations of any of the banks in which the State is a shareholder. Staff pension entitlements and related matters are a matter for the Board and management of each institution, in keeping with their obligations under relevant industrial relations agreements or in cooperation with pension fund trustees, where such obligations exist. Further information on the rights of pension holders can be accessed from the Pensions Authority: http://www.pensionsauthority.ie/en/

I requested that AIB comment on the Deputy's question and they have offered the following response:

"AIB closed all of its defined benefit pension schemes to future accrual from 31st December 2013. From 1st January 2014, all AIB staff accrue pension benefits on a defined contribution basis.

AIB agreed funding plans with each of its closed defined benefit schemes and has met its funding obligations for each plan.

Any potential AIB IPO would not impact on these pension arrangements."

Tax Data

Questions (82)

Billy Kelleher

Question:

82. Deputy Billy Kelleher asked the Minister for Finance the revenue raised from tobacco product tax by product type in each of the years 2007 to 2016 and to date in 2017 in tabular form. [25089/17]

View answer

Written answers

I am informed by Revenue that the revenue raised from Tobacco Product Tax by product for 2007 to April 2017 is provided in the following table. Please note that receipts for 2017 are provisional and may be subject to revision.

Year

Fine Cut Tobacco

€m

Cigars

€m

Cigarettes

€m

Other

€m

2007

22.6

9.5

1,155.0

5.2

2008

25.1

10.2

1,131.5

4.2

2009

46.5

9.6

1,155.4

5.0

2010

45.2

9.2

1,100.9

4.3

2011

56.1

9.4

1,056.8

4.0

2012

71.0

7.8

989.6

3.9

2013

97.7

7.9

955.2

3.1

2014

91.3

7.7

881.3

3.3

2015

133.9

7.6

937.6

3.2

2016

113.1

8.1

973.2

3.3

2017 (to April)

16.5

1.9

229.6

0.6

Tax Data

Questions (83)

Billy Kelleher

Question:

83. Deputy Billy Kelleher asked the Minister for Finance if he will provide clearance data for roll-your-own tobacco products cleared from tax warehouses in each of the years 2007 to 2016 and to date in 2017 in tabular form. [25090/17]

View answer

Written answers

I am informed by Revenue that clearances data for roll your own tobacco products (Fine Cut Tobacco) for the years 2003 to 2015 are published on the Revenue statistics website at http://www.revenue.ie/en/about/statistics/excise-volumes-commodity.html.

The 2016 and 2017 data are provided in the following table. Please note clearances for 2016 and 2017 are provisional and may be subject to revisions.

Year

Fine Cut Tobacco (Kg)

2016

353,330

2017 (Jan -Apr)

53,257

Insurance Industry Regulation

Questions (84)

Brendan Griffin

Question:

84. Deputy Brendan Griffin asked the Minister for Finance his views on a matter (details supplied) regarding taxi insurance; and if he will make a statement on the matter. [25091/17]

View answer

Written answers

As Minister for Finance, I am responsible for the development of the legal framework governing financial regulation.  Neither I nor the Central Bank of Ireland, can interfere in the provision or pricing of insurance products, as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept.  This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products.  Consequently, I am not in a position to review individual cases nor to direct insurance companies as to the pricing level or terms or conditions that they should apply in particular cases. 

However, I do accept that it is possible for the State to play a role in helping to stabilise the market and deal with factors contributing to the cost of insurance.  Consequently, I established the Cost of Insurance Working Group and appointed Minister of State, Deputy Eoghan Murphy, as Chair. The Report on the Cost of Motor Insurance was finalised in December 2016, approved by Cabinet on January 10th 2017, and subsequently published. It contains 33 recommendations and 71 actions which are detailed in an action plan contained in the Report with agreed timelines for implementation.  Work on carrying out these recommendations is well underway and I am confident that the report’s 71 action points will be implemented by the end of 2018, with 45 due for completion this year.  The Working Group continues to meet regularly and will report on a quarterly basis detailing its progress.

With regard to the taxi sector in particular, I understand that it made representations to my Department and the Cost of Insurance Working Group and these were taken into consideration during the review.  The position of the taxi sector, which serves a social as well as an economic purpose, particularly in rural areas where public transport is less readily available, was acknowledged by the inclusion in the Report of a recommendation for the Advisory Committee on Small Public Vehicles (commonly referred to as the Taxi Advisory Committee (TAC)) to enter regular discussions with Insurance Ireland in order to explore solutions for drivers in the sector. 

The TAC met with Insurance Ireland on May 22nd to explore solutions for drivers in the sector and will report to the Minister for Transport, Tourism and Sport on that engagement.  The Cost of Insurance Working Group will also be updated on this meeting and review the action on the basis of that update. 

It should be noted that the issues raised by the taxi sector were in the main similar to those affecting consumers generally, notwithstanding that there are risks that are specific to the sector.  While there is no silver bullet to reduce the cost of insurance, I believe that with the cooperation and commitment of all parties, fairer premiums for consumers, including taxi drivers can be delivered over the implementation period of the Cost of Motor Insurance Report.

Illicit Trade in Fuel and Tobacco Products

Questions (85)

Brendan Smith

Question:

85. Deputy Brendan Smith asked the Minister for Finance if additional measures will be introduced to deal with the problem of fuel smuggling and trading in illicit diesel products due to recent dumping of sludge south of the Border; and if he will make a statement on the matter. [25124/17]

View answer

Written answers

I am aware of reports of a recent incident involving the illegal dumping of sludge close to the border with Northern Ireland and recognise the serious threat that fuel fraud poses to legitimate business, consumers and the Exchequer.  I am advised by Revenue that tackling fuel fraud has been one of their priorities over recent years.

While it is very disappointing that incidents such as this still occur, I am advised that the level of this illegal dumping is greatly reduced. I understand that a total of 40 illegal bulk containers of mineral oil waste were detected in County Louth to date in 2017, while 500 such containers were detected there in 2013.  This improvement reflects the success Revenue has in tackling this problem and the impact of legislative changes that I introduced over a number of Finance Acts to strengthen Revenue’s powers in tackling fraud in the fuel sector. The measures implemented by Revenue to tackle the problem included the introduction of stringent new supply chain controls and reporting requirements for fuel transactions to minimise the scope for fraud.  It also included a rigorous programme of enforcement action by Revenue. In addition, Revenue and HM Revenue and Customs in the United Kingdom undertook a joint initiative to find a new fiscal marker for use in marked fuels, which was introduced in Ireland and the United Kingdom from the beginning of April 2015.

I understand that the industry view is that the measures implemented to date have been successful in significantly curtailing fuel fraud in Ireland.  This view is supported by a significant increase in tax revenues from road diesel over the past three years.  I am also advised that Revenue conducted a National Random Sampling Programme in January 2016, with a view to obtaining an updated picture of the extent of the fuel laundering problem. The programme involved selecting a random sample comprising nearly one in every ten of the 2,500 holders of Auto Fuel Trader Licences (any trader that produces, sells, deals in, or keeps for sale or delivery road diesel is legally obliged to hold such a licence). Road diesel samples were taken from all traders in the programme and tested for the presence of the new marker.  No evidence of the new fiscal marker was found in any of the samples tested. The random sampling programme was repeated in January 2017 and again, no evidence of the fiscal marker was found.  This provides very persuasive evidence that the strategy undertaken in recent years has been successful in addressing and significantly curtailing the laundering problem.

I am satisfied that Revenue's work against fuel fraud has achieved a considerable level of success, and I am assured that action in this area will continue to be a high priority.  In addition, I assure the Deputy that I will fully consider any further proposals for legislative change that may be brought forward by Revenue which would enhance its capacity to deal effectively with fraud and criminality in this area.

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