Written Answers Nos. 44-56
44. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to discuss immigration reform with the United States Administration in view of the concerns of the undocumented Irish; if he has new initiatives under consideration; and if he will make a statement on the matter. [2709/18]
View answerI wish, first of all, to reassure the Deputy that the Government remains committed to finding a solution to the plight of the thousands of undocumented Irish citizens resident in the United States.
With this in mind, the Government continues to avail of all opportunities to raise US immigration reform and the status of the undocumented Irish with the US administration and with contacts on Capitol Hill.
The Government will also avail of the opportunity to raise the issue during the course of forthcoming ministerial visits to the United States over the St. Patrick’s Day period.
Officials of the Department of Foreign Affairs and Trade, working both here and in the US, are engaged on this important issue on an ongoing basis and are always on the alert for any new initiatives that might be under consideration.
The Deputy will appreciate, however, given the political sensitivities involved, that it would not always be in our interest, nor in the interests of the undocumented Irish, to speak on the record about any particular initiatives that might be under way at any given time.
Officials from the Irish Embassy in DC have been working closely with Deputy John Deasy in his role as the Government’s Special Envoy on the Undocumented, and they also remain in regular contact with Ireland’s friends in the Administration and on Capitol Hill.
I can assure the Deputy that officials of the Department of Foreign Affairs and Trade, both here and in Washington, D.C., will, under my direction, continue to give priority to this issue, mindful of its importance to the thousands of undocumented and to their families in Ireland.
45. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to discuss the need for the British Government to provide access to papers and files pertaining to the Dublin and Monaghan bombings of 1974 with the Secretary of State for Northern Ireland, as requested in motions passed unanimously in Dáil Éireann on three occasions; and if he will make a statement on the matter. [2710/18]
View answerDealing with long-outstanding issues relating to the legacy of the conflict in Northern Ireland are of the utmost importance to the Government. The Programme for a Partnership Government highlights this priority, with specific reference to implementation of the All-Party Dáil motions relating to the Dublin Monaghan bombings.
I acknowledge also those across the House who work on a cross-party basis with the Government on this issue and the tireless efforts of Justice for the Forgotten.
The All-Party motion on the 1974 Dublin Monaghan bombings that was adopted by the Dáil on 25 May 2016 has, like those adopted in 2008 and 2011, been conveyed to the British Government. These motions call on the British Government to allow access by an independent, international judicial figure to all original documents relating to the Dublin and Monaghan bombings, as well as the Dublin bombings of 1972 and 1973, the bombing of Kay’s Tavern in Dundalk and the murder of Seamus Ludlow.
The Government is committed to actively pursuing the implementation of these all-Party Dáil motions, and has consistently raised the issue with the British Government.
I am actively engaged with the British Government on an ongoing basis on this issue, as are officials from the Department of Foreign Affairs and Trade. I discussed the matter with the former Secretary of State for Northern Ireland, James Brokenshire, and I will likewise be pursuing the issue directly with the new Secretary of State for Northern Ireland, Karen Bradley.
As part of this engagement, the Government underlines that the Dáil motions represent the consensus political view in Ireland that an independent, international judicial review of all the relevant documents is required to establish the full facts of the Dublin Monaghan atrocities. I have also advised that the absence of a response from the British Government is of deep concern to the Government and indeed this House, and I have emphasised the urgent need for a response from the British Government.
The Government will continue to engage with the British Government on the request in relation to the Dublin-Monaghan bombings, and pursue all possible avenues that could achieve progress on this issue, consistent with the request made by this House.
46. Deputy Dara Calleary asked the Minister for Finance the amount of funding provided under the capital plan for the NAMA 4,500 new residential units in the Dublin area; the amount spent to date; the number of homes completed; the number of homes to be provided from 2017 onwards; the cost of these; and if he will make a statement on the matter. [2521/18]
View answerNAMA is working to maximise the number of housing units delivered from sites owned by its debtors and receivers. In this respect, NAMA gave an undertaking to my predecessor in late 2013 that it would aim to fund the delivery of 4,500 residential units by end-2016. This target was exceeded with 4,700 homes delivered by end-2016.
NAMA remains committed to maximising residential delivery from sites controlled by its debtors and receivers and it aims to facilitate the delivery, through the provision of funding and otherwise, of up to 20,000 new residential units in Ireland by 2020, subject to commercial feasibility.
Since 2014, NAMA has funded the construction of an estimated 7,200 new residential units in Ireland on residential development land securing its loan portfolio. As at end-December 2017 an additional c.2,500 units were currently under construction by NAMA-funded developers and receivers. Planning permission has been granted for an estimated additional 7,000 units and planning applications have been lodged, or will be lodged within 12 months, for an additional c.8,500 units.
NAMA has funded the delivery of these units from its own resources and no funding has been provided to NAMA under the capital plan for this purpose.
47. Deputy Róisín Shortall asked the Minister for Finance his plans to provide a full open access public register of beneficial ownership as part of the register that is being established under the European Union anti-money laundering requirements. [2561/18]
View answerArticles 30 and 31 of the EU’s 4th Anti-Money Laundering Directive (4AMLD) require each Member State to establish central registers of beneficial ownership information for corporates and other legal entities (companies) and for trusts which generate tax consequences.
Under the terms of 4AMLD the information in the central register for companies must be accessible by competent authorities and Financial Intelligence Units (FIUs) for the purposes of combating money laundering and the financing of terrorism. The companies’ register must also be accessible by any person or organisation which can demonstrate a legitimate interest. There is no requirement under 4AMLD for full public access to the beneficial ownership register for Companies.
Similarly, the central register of beneficial ownership for trusts with a tax consequence must be accessible by competent authorities and Financial Intelligence Units (FIUs) for the purposes of combating money laundering and the financing of terrorism.
The provisions of these articles are currently being transposed by way of statutory instruments and are at an advanced stage. It is anticipated that these will be largely concluded by the end of March 2018.
Since 4AMLD was agreed, a number of further amendments were proposed by the Commission which are commonly referred to as the 5th Anti-Money Laundering Directive (5AMLD). Among the proposals were transparency related changes with regard to the central registers of beneficial ownership. In December, under the Estonian EU Presidency, agreement was reached between Council and the European Parliament - the co-legislators - on 5AMLD.
Included in the changes are measures related to access to beneficial ownership registers. 5AMLD also extends the deadlines for transposition of the amendments to the 4AMLD which relate to the creation, operation and access to the central registers of beneficial ownership. However, until such time as the 5AMLD is published in the Official Journal and comes into force there is no timeline currently set for its transposition into domestic legal frameworks. In the meantime, preliminary work will continue on the necessary transposition of 5AMLD into domestic legislation.
48. Deputy Mattie McGrath asked the Minister for Finance his plans to address concerns that a disproportionate amount of State revenue is generated in Dublin city and county; and if he will make a statement on the matter. [2407/18]
View answerI would not agree with the Deputy that a disproportionate amount of State revenue is generated in Dublin city and county. Taxes are not levied geographically so revenue is generated according to where taxpayers, individual or corporate, are based and obviously a significant number of these are in the greater Dublin area.
The Revenue Commissioners produce an annual report on the distribution of identifiable net taxation receipts by county, covering the main elements of all the major tax headings though I would note that not all tax headings are amenable to being reported on a county basis. The report indicates that for 2016, approximately €20.8 billion or around 56 per cent of the total net receipts, which can be classified by county, is derived from Dublin. This is broadly in line with the concentration of economic activity in Dublin. The report can be viewed at https://www.revenue.ie/en/corporate/documents/statistics/receipts/net-receipts-by-county.pdf
I would note also, that in the case of LPT (Local Property Tax), statistics published by the Revenue Commissioners indicate that in 2017 LPT returns were made in respect of 1.906 million properties and that €448 million was collected in LPT. The four Dublin local authorities (Dublin City, Dún Laoghaire, Fingal and South Dublin) comprise in the order of 515,400 of these properties or 27% of the total. Of the total LPT collected in 2017, €167.6 million, or 37% came from these four local authorities. LPT is based on the market value of a property and the yield from the Dublin authorities reflects the higher market values of properties in urban areas. Full details can be found at https://www.revenue.ie/en/corporate/documents/statistics/lpt/local-property-tax-2017.pdf Again, I would not consider these figures to be disproportionate.
That said, the Deputy will be aware of commitments made in respect of regional development in the Programme for a Partnership Government. In particular I would draw his attention to the draft National Planning Framework developed by the Department of Housing, Planning and Local Government and also the Action Plan for Jobs Strategy coordinated by the Department of Business, Enterprise and Innovation (D/BEI) which has, as one of its key initiatives, stimulating regional growth. D/BEI are aware that creating more jobs in the regions is a priority and they note that since 2011, jobs created by multinationals in regional Ireland have increased by 28% and there are now over 122,000 people employed in 649 different IDA Ireland client companies outside of Dublin. However, while progress has been made, more work remains to be done. We are certainly focused on doing everything we can to deliver the fairest possible spread of investment across the country.
My own Department operates a number of tax incentives to encourage investment and of course these are open to all eligible individuals or organisations, nationwide. In particular I would note that Section 486C of the Taxes Consolidation Act 1997 provides for a three-year relief from corporation tax on the trading income and certain gains of new start-up companies, with the value of the relief being linked to the amount of employer’s PRSI paid by a company, the measure is intended to encourage economic activity and employment throughout Ireland. The relief is available for the first three years of trading and companies with a total corporation tax liability of up to €40,000 in a year can qualify. It was extended by Finance Act 2015 to end December 2018.
In addition the ‘Key Employee Engagement Programme’ (KEEP), announced in Budget 2018, seeks to support small to medium enterprises throughout the country. KEEP has the objective of assisting SME’s in Ireland in competing with larger enterprises to recruit and retain key employees. Such companies with growth potential may not have the cash resources available to offer comparable salary packages to large, established businesses. However, where the employee believes in the growth potential of the firm, and by extension the potential for the company shares to increase in value, remuneration in the form of share options may improve the attractiveness of the SME employment offer. KEEP provides that the value of the benefit to the employee on exercise of a qualifying share option will be subject to tax when the employee subsequently disposes of the shares, i.e. when sales proceeds would be available to pay the tax due. In the absence of this incentive, the share-option gain would be liable to income tax, USC and PRSI at the time of the exercise of the option.
49. Deputy Pat Deering asked the Minister for Finance the reason a person (details supplied) has such a small weekly tax credit. [2393/18]
View answerI am advised by Revenue that they will need to confirm certain information with the person concerned in order to be able to verify the accuracy of their tax credits. Revenue will make direct contact with the person concerned very shortly to clarify matters.
50. Deputy Paul Kehoe asked the Minister for Finance when a VAT refund will be issued to a person (details supplied); and if he will make a statement on the matter. [2400/18]
View answerI am advised by the Revenue Commissioners that on foot of a VAT repayment claim from the person concerned for the period May/June 2017 Revenue sought certain supporting documentation and requested that certain outstanding compliance matters be resolved. Despite contacts by Revenue on the matter, these matters remain unresolved.
When the information requested and outstanding returns are submitted Revenue will be in a position to make a decision on the repayment claim.
51. Deputy Michael McGrath asked the Minister for Finance the position regarding the application of interest on a judgment secured by a financial institution against a person or their home; the basis for the rate that is charged; if discretion is involved in the application of the interest; and if he will make a statement on the matter. [2437/18]
View answerThe level of interest payable on judgment debts is a matter for the Minister for Justice and Equality. The current rate is specified in Statutory Instrument 624 of 2016 which has been forwarded to the Deputy for his convenience.
52. Deputy Michael McGrath asked the Minister for Finance the number of persons who have left senior management roles (details supplied) in the Central Bank in the past three years by each functional pillar, in tabular form; and if he will make a statement on the matter. [2479/18]
View answerThe following table, provided by the Central Bank, reflects the number of persons that have left senior management roles from the Central Bank of Ireland in 2015, 2016 and 2017. Leavers are reflected in the current organisation structure and across the 4 functional pillars: Central Banking, Financial Conduct, Prudential Regulation and Operations.
|
Pillar |
Head of Function |
Head of Division |
Director/Senior Advisor |
Deputy Governor |
Governor |
Total |
|
CENTRAL BANKING |
4 |
|
5 |
1 |
1 |
11 |
|
FINANCIAL CONDUCT |
5 |
1 |
1 |
|
|
7 |
|
PRUDENTIAL REGULATION |
3 |
5 |
1 |
1 |
|
10 |
|
OPERATIONS |
4 |
1 |
|
|
|
5 |
|
Grand Total |
16 |
7 |
7 |
2 |
1 |
33 |
53. Deputy Michael McGrath asked the Minister for Finance the number of relevant years experience required for senior management roles (details supplied); the way in which this compares with this period five years ago; and if he will make a statement on the matter. [2480/18]
View answerI wish to inform the Deputy that all appointments to senior management roles in the Department of Finance are made by the Top Level Appointments Committee (TLAC).
TLAC was established in 1984 and its function is to recommend candidates to Ministers and Government for the most senior positions in the Civil Service - at Assistant Secretary (Heads of Division) level and above. By carrying out this function in an independent manner and by making its decisions strictly on the basis of the relative merit of the candidates for the positions concerned, TLAC aims to strengthen the management structure of the Civil Service, and to provide a means by which the best candidates can aspire to fulfilling their potential.
The competencies for Assistant Secretary can be found on publicjobs.ie
Specific responsibilities are assigned to officers at Assistant Secretary in their function as Heads of Division/Unit. These responsibilities sit within the overall management framework for the civil service and the Department of Finance. In my department their roles include, among others, management of the Department, management of division resources, management of policy advice and management of division business.
A full list of the role of Assistant Secretary can be found in the Departments Governance Framework on the Departments website www.finance.gov.ie.
54. Deputy Michael McGrath asked the Minister for Finance the number of senior management positions that are vacant in the Central Bank compared with this period in 2013; the number of senior management positions that have a person acting in those positions rather than appointed; the way in which this compares with this period 2013; and if he will make a statement on the matter. [2481/18]
View answerIt was not possible for the Central Bank of Ireland to provide the information sought in the time available and, therefore, I will make arrangements to provide the information in line with Standing Orders.
55. Deputy Michael McGrath asked the Minister for Finance the last time payments were made out of the Insurance Compensation Fund for a case (details supplied); when the next payment out of the fund is expected; the amount of same; the number of claims that will be settled due to it; and if he will make a statement on the matter. [2482/18]
View answerSetanta Insurance was placed into liquidation by the Malta Financial Services Authority on 30 April 2014. As it was a Maltese incorporated company, the liquidation is being carried out under Maltese law.
The Deputy will be aware that under the Insurance Act 1964, as amended, monies may be paid out of the Insurance Compensation Fund (ICF), with the approval of the High Court, in relation to an insolvent insurer, to meet claims up to a limit of 65% or €825,000 of the claim, whichever is the lesser.
With regard to the payments in relation to Setanta Insurance, there have been two applications to the High Court for the payment of compensation from the ICF. An Order was granted in the High Court in October 2016 in respect of 249 first party claims and 1,795 windscreen claims at a cost to the ICF of €608,085.14. Subsequent to the Supreme Court judgment, an Order was granted in the High Court in July 2017 in respect of 324 claims at a cost to the ICF of €6,479,336.85. Therefore, the total amount paid out of the ICF to date in relation to Setanta Insurance is €7,087,421.99.
The liquidator for Setanta Insurance has informed me that as of 31 December 2017, there are 1,577 active claims, of these 573 claimants have been paid compensation from the ICF subject to the 65%/€825,000 limits.
Section 3B(1)(a) of the Insurance Act 1964, as inserted by Section 4 of the Insurance (Amendment) Act 2011, provides that applications to the High Court may be made by the Accountant of the Courts of Justice, where the insurer in liquidation is authorised in a Member State other than Ireland, not more than once in every 6 month period.
This provision was inserted to ensure that excessive legal and administrative costs are not imposed on the ICF and to enable claims to be made in respect of a number of policyholders at a time rather than in respect of each policyholder individually.
It should be noted that heads of the Insurance (Amendment) Bill were approved by Government in July and then sent to the Office of the Parliamentary Counsel for priority drafting and to the Joint Oireachtas Committee for pre-legislative scrutiny. This legislation based on the recommendations of the Review of the Framework for Motor Insurance Compensation in Ireland will amend the relevant Insurance Acts to, inter alia, reduce the limitation on the frequency of applications to the High Court to a 3 month interval.
No date has been fixed for the next payment from the ICF, but the Liquidator has informed me that preparatory work is underway in respect of some 275 claims to the value of c €5.8m, with a view to the Accountant to the High Court making an application before the end of March. It is important to note that only claims which have been settled can be included in applications to the High Court for payment from the ICF. The process of settling claims is still ongoing and is subject in some cases to complex negotiations between all relevant parties.
56. Deputy Michael McGrath asked the Minister for Finance the mechanisms in place for companies and other public and private organisations that cannot obtain employer and-or public liability insurance similar to the declined insurance agreement in the motor insurance industry; and if he will make a statement on the matter. [2483/18]
View answerAt the outset, the Deputy should note that unlike third party motor insurance, employer and public liability insurance is not a compulsory requirement in Ireland. Consequently, there is no equivalent arrangement to the Declined Cases Agreement which operates for third party motor cover.
Having said that, the Government is aware of the difficulties that the rising cost of liability insurance in recent years has had on many businesses and that is why the Cost of Insurance Working Group was asked to examine the employer liability and public liability insurance sectors as part of its second phase of work. I recently received its report from the Chair, Minister of State D'Arcy, on this matter and subject to Government approval, I am proposing to publish the Report on the Cost of Employer and Public Liability Insurance in the coming weeks.
As part of its work the Cost of Insurance Working Group engaged in a consultative process and a significant issue raised by stakeholders during consultations was the lack of competition in the liability insurance market overall and the particular problems faced by specific business activities in obtaining adequate cover at a reasonable price.
The Working Group recognised that, in practical terms, businesses by and large would be unable to continue functioning on a day-to-day basis without the “safety net” afforded by having such cover in place. Moreover, a number of more-regulated sectors which require the issuing of some form of licence in order to legally operate make the purchase of such insurance, in effect, obligatory. Consequently, the focus of the Working Group was primarily on what can be done to address the issue of increasing insurance costs in addition to making Ireland a more attractive place for new insurance providers to enter.
I am hopeful that the implementation of the recommendations in this Report, building upon the work undertaken in the motor insurance phase, will cumulatively not only lead to greater stability in the pricing of employer liability and public liability insurance, but also help to increase the capacity of the provision of such types of insurance to all forms of relevant organisations.
However, for those who have queries, complaints or difficulties in relation to obtaining insurance, Insurance Ireland operates a free Insurance Information Service which can be contacted by email at: feedback@insuranceireland.eu or by phone 01-6761914.
