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Thursday, 25 Jan 2018

Written Answers Nos. 57-76

Multilateral Development Banks

Questions (57)

Bernard Durkan

Question:

57. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which the multilateral aid programme continues to reach those for whom it was intended; and if he will make a statement on the matter. [3905/18]

View answer

Written answers

The Government is strongly committed to delivering Ireland’s Official Development Assistance (ODA) programme in the most effective way, providing humanitarian assistance and contributing to the fight against global poverty and hunger, including through working with multilateral partners. Funding for multilateral organisations is kept under regular review by my Department, to ensure that it is targeted and provided to partners which can contribute most effectively to delivering the priorities of our foreign policy and our international development policy, as set out in the Global Island and in One World, One Future . In this way, we are playing a strong role in supporting the 2030 Agenda for Sustainable Development and in the achievement of the Sustainable Development Goals.

In total, Ireland contributed €443.35 million to multilateral organisations in 2016. This was mainly channelled through: the European Union development cooperation and humanitarian programmes, for example the European Development Fund (EDF); the United Nations in the form of either core funding for UN agencies, or specific programmatic support, for example with UNICEF; and the multilateral development banks such as the World Bank - all important contributors to social and economic development, peace and security, and human rights.

Throughout, the ability of these multilateral channels to reach the poorest and most fragile countries and regions in the world, and deliver real results on the ground, is at the forefront of Ireland’s financing and engagement.

Programmes considered for funding assistance are rigorously appraised using clear criteria, including efficiency in the use of resources, cost effectiveness, accountability, and sustainability of intended impact. Programmes in receipt of funding are subject to regular internal and external monitoring and evaluation to ensure that the intended objectives and goals are being achieved - for example using the Multilateral Organization Performance Assessment Network (MOPAN) evaluations which every year focus on a number of multilateral organisations.

Ireland also plays a strong role in the relevant management structures of our multilateral partners, for example as Board Members of UNDP and UNFPA this year. In addition, we use our Embassy network, especially in Sub-Saharan Africa, to monitor the work of our multilateral partners on the ground and ensure that aid reaches the targeted population.

The review of Ireland’s development cooperation programme, to culminate in a new White Paper later this year, provides an opportunity to further elaborate on our engagement with multilateral partners, and a new multilateral strategy will be finalised later this year to follow through on that.

Overseas Development Aid

Questions (58)

Bernard Durkan

Question:

58. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which the bilateral aid programme continues to make progress in the context of delivering aid effectively and efficiently to those it was intended; and if he will make a statement on the matter. [3906/18]

View answer

Written answers

The Government is strongly committed to Ireland’s overseas aid programme and to its place at the heart of our foreign policy. Detailed planning leading to a results-based approach characterizes Ireland’s bilateral aid programmes. This enables the quality, effectiveness and efficiency to be kept under regular review by the Department. The Embassy network, especially in sub-Saharan Africa, plays a key role in the planning, management and oversight of Ireland’s bilateral partners on the ground, frequently augmented by the insights received from other countries’ Embassies regarding their interaction with the same partners. In addition to reporting against results, Ireland’s development cooperation programmes are subject to regular monitoring and are frequently evaluated, both by the independent internal evaluation section of the Department of Foreign Affairs and Trade and also, as required, by external evaluators. The combination of ongoing qualitative and quantitative oversight helps ensure that Irish bilateral development assistance remains well targeted, contributing as effectively and efficiently as possible to the priorities of Ireland’s foreign and international development policies.

I witnessed first-hand the impact of Ireland’s bilateral and multilateral support during my recent visits to Tanzania and South Africa. I met with refugees who had fled conflict in Burundi and were hosted in a camp in western Tanzania managed by the UN Refugee Agency (UNHCR). I saw how Irish assistance was making a difference to their lives, in particular through the provision of water and education. I also saw how Irish bilateral assistance was impacting positively on lives across the country, through targeted and effective interventions in the health system and in building a social safety net for the most vulnerable, in particularly women and girls at risk of violence.

Irish assistance goes beyond money: I met, for example, a doctor in rural Tanzania who had trained in Ireland as an Irish Aid Fellow and who on his return home was sharing the knowledge and experiences gained here. Ireland’s work in the digital education space, in particular Africa Code Week, which I launched during my visit to Tanzania, reaches over 1.5 million people in Africa each year.

The impact of Irish development assistance is reported on annually. As demonstrated in the 2016 Irish Aid Annual report, bilateral ODA currently represents 53% of Ireland’s total ODA. This funding is making a difference in alleviating the suffering caused by humanitarian crises and hunger, and supporting improvements in access to health, education, agriculture and social protection services for some of the world’s most vulnerable people. Ireland complements bilateral assistance through support for the multilateral system, allowing knowledge gained in bilateral contexts to inform and influence the international response, especially through the European Union and United Nations.

Ireland’s development cooperation has a very strong reputation internationally for delivering results, consistently performing well in OECD-DAC peer reviews, which take place every 5 years.

The most recent such review, in 2014, found Ireland to be one the best performing donors in responding to the world’s neediest countries. That report demonstrated that in 2012, for example, 0.24% of Ireland’s gross national income was as part of Ireland’s assistance to Least Developed Countries (LDCs). This exceeds the UN target of 0.15%, and outperforms many other donors. This focus on the most needy has continued, with the 2016 OECD DAC Development Cooperation Report ranking Ireland highest among DAC members for the share of bilateral ODA allocated to least developed countries.

My Department is committed to the continued strengthening of our planning, monitoring and oversight mechanisms to ensure that Irish development assistance continues to effectively and efficiently deliver results, in particular the alleviation of poverty.

Question No. 59 answered with Question No. 52.

EU Membership

Questions (60, 62)

Bernard Durkan

Question:

60. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which candidate countries seeking to join the EU continue to adhere to the aquis communautaire; and if he will make a statement on the matter. [3908/18]

View answer

Bernard Durkan

Question:

62. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which the EU continues to support and encourage democracy in the western Balkans; and if he will make a statement on the matter. [3910/18]

View answer

Written answers

I propose to take Questions Nos. 60 and 62 together.

Ireland is a strong supporter of the EU’s policy on enlargement. It is a key driver for stability, security and prosperity in the Western Balkans. We believe that aspirant countries must be judged on the principle of ‘own merits’ and that those wishing to join the Union must give the rule of law, justice and fundamental rights the utmost priority in terms of reform.

Countries wishing to become Member States of the European Union must comply with the acquis communautaire. The acquis is the body of common rights and obligations that is binding on all the EU member states. It is constantly evolving and comprises:

the content, principles and political objectives of the Treaties;

legislation adopted pursuant to the Treaties and the case law of the Court of Justice;

declarations and resolutions adopted by the Union;

instruments under the Common Foreign and Security Policy;

international agreements concluded by the Union and those entered into by the member states among themselves within the sphere of the Union's activities.

Candidate countries have to accept the acquis before they can join the EU and make EU law part of their own national legislation. Adoption and implementation of the acquis are the basis of the accession negotiations.

When a candidate moves into formal membership negotiations, the process involves the adoption of established EU law, preparations to be in a position to properly apply and enforce it and implementation of judicial, administrative, economic and other reforms necessary for the country to meet the conditions for joining, known as the accession criteria.

When the negotiations and accompanying reforms have been completed to the satisfaction of both sides, the country can then join the EU.

There are currently three countries with which the EU has opened formal negotiations: Montenegro, Serbia and Turkey.

Thirty chapters (out of a total of 35) have been opened with Montenegro of which three chapters have already been provisionally closed.

Twelve of the 35 chapters have been opened with Serbia and two of these have been provisionally closed.

Sixteen chapters have been opened with Turkey and one is provisionally closed.

With respect to the EU’s support for democracy in the Western Balkans, this is covered by Chapter 23 (Judiciary and Fundamental Rights) and Chapter 24 (Justice, Freedom and Security). Both of these chapters have been opened with Serbia and Montenegro but have not been provisionally closed yet.

The EU promotes democratic values in all of its engagement with the Western Balkans, including through the provision of pre-accession funding, by facilitating the Belgrade-Pristina dialogue and in its intense engagement with the candidate countries which have a ‘European Perspective’ but which have not yet opened formal negotiations, namely Albania and Macedonia, as well as the potential candidate countries of Bosnia and Herzegovina and Kosovo.

The European Commission is due to present its Strategy for the Western Balkan Countries in early February 2018 and is scheduled to publish country reports in April. These reports will assess the ‘state of play’ in individual candidate countries.

EU Issues

Questions (61)

Bernard Durkan

Question:

61. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which all member states in the EU contiue to adhere to EU rules; and if he will make a statement on the matter. [3909/18]

View answer

Written answers

Member States have the primary responsibility for the correct transposition, application and implementation of EU law. This effective application of EU law is essential to ensure that citizens and businesses enjoy the benefits and meet the obligations established by EU law.The European Commission is responsible for ensuring that EU law is complied with. If the European Commission considers that a Member State is not applying EU law correctly, certain remedies are available if informal dialogue is not successful, including the opening of an infringement action by the Commission against the Member State concerned. If a resolution is ultimately not found through this process, the matter may be referred to the Court of Justice of the European Union for decision. While in a Union of 28 members there will at any one time always be several cases at various stages of the process, on the whole I am satisfied that Union law is respected. Separately, the Treaty on European Union sets out in Article 2 the fundamental values of the Union. Under Article 7, procedures exist for action against a Member State believed to be at serious risk of, or in, breach of those values. Those procedures have so far never been invoked. The General Affairs Council has responsibility for these issues. The next debate in the Council on the theme of the rule of law is next month.

Question No. 62 answered with Question No. 60.

Overseas Development Aid Provision

Questions (63)

Bernard Durkan

Question:

63. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the countires to which Ireland contributes by way of development aid; and if he will make a statement on the matter. [3911/18]

View answer

Written answers

The Government is strongly committed to Ireland’s overseas aid programme, and to its place at the heart of our foreign policy. Our priorities are clearly laid out in the Government’s development policy, ‘One World One Future’. In line with our commitment to the 2030 Agenda and the Sustainable Development Goals, our aid programme is sharply focused on delivering our goals of reducing poverty and hunger, promoting inclusive and sustainable growth and building more equitable and better systems of governance. My Department provides development assistance to over eighty of the world’s least developed countries, supporting their development needs and responding to emergencies and protracted crises with humanitarian assistance. Sub-Saharan Africa is our priority region, where we direct assistance to the poorest communities, delivering real and sustainable improvements to the lives of some of the world’s poorest and most vulnerable people in the areas of basic health, education, agriculture, and food production.

We focus in particular on a small number of key bilateral countries where we have a resident embassy and a team of development specialists and advisors who manage and oversee those country aid programmes. Our engagement with our partner countries is at a strategic level, and we provide support for their long-term development. These countries are Ethiopia, Tanzania, Uganda, Zambia, Malawi, Mozambique, Sierra Leone and Vietnam. Smaller more focused programs are delivered in countries and territories such as Zimbabwe, South Africa, Liberia, Kenya and Palestine.

Ireland’s aid programme is delivered through a wide range of partners and channels, including partner government systems, Irish and international Non-Governmental Organisations (NGOs) and missionary organisations, and UN and other multilateral agencies and organisations. We engage with UN and multilateral agencies whose core mission and objectives are closely aligned to Ireland’s aid priorities, allowing us to work with and support vulnerable communities across most developing countries.

My Department reports annually on its development activities through the Irish Aid Annual Report, the most recent of which is for 2016 and the table below sets out the top thirty countries in receipt of bilateral assistance. This is not an exhaustive list as funding is also made to a number of countries through multilaterals sources.

The full Irish Aid Annual Report for 2016 is available through this link: www.irishaid.ie/news-publications/publications/publicationsarchive/2017/september/irish-aid-annual-report-2016/.

Top 30 Recipient Countries of Ireland's Bilateral ODA 2016**

Recipient Country

€000's

1

Ethiopia

35,476

2

Mozambique

27,275

3

Tanzania

25,472

4

Uganda

24,056

5

Malawi

19,528

6

Viet Nam

14,473

7

Zambia

11,298

8

Sierra Leone

10,773

9

Syria

9,521

10

South Sudan

9,244

11

Kenya

7,275

12

Somalia

6,485

13

Democratic Republic of the Congo

6,444

14

Zimbabwe

6,300

15

Central African Republic

6,062

16

Turkey

5,621

17

Sudan

5,472

18

South Africa

5,466

19

Occupied Palestinian Territory

5,087

20

Yemen

4,000

21

Liberia

3,358

22

Nigeria

3,229

23

Niger

3,095

24

Lebanon

3,017

25

Haiti

2,833

26

Iraq

2,750

27

Afghanistan

2,368

28

Rwanda

1,866

29

Jordan

1,714

30

Burundi

1,638

**This annex gives a breakdown of aid by the country to which it was allocated. In the case of countries with major humanitarian crises, it should be noted that funding may be allocated to neighbouring countries or on a non-country specific basis.

Common Security and Defence Policy

Questions (64, 65)

Bernard Durkan

Question:

64. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which the activities of Boko Haram continue to be restricted throughout Africa; and if he will make a statement on the matter. [3912/18]

View answer

Bernard Durkan

Question:

65. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on the continued action taken by the international community to curb the activities of Al-Shabaab; and if he will make a statement on the matter. [3913/18]

View answer

Written answers

I propose to take Questions Nos. 64 and 65 together.

I remain deeply concerned by the peace and security threat posed by Al-Shabaab and Boko Haram, and by the consequent humanitarian crises across East and West Africa. In Somalia, the security situation remains extremely fragile. Al-Shabaab continue to launch attacks on government facilities and civilians. They remain a core threat to peace and stability in the country. In the Lake Chad region, regional armed forces have made progress in containing Boko Haram but the group continue to represent a serious transboundary threat to peace, stability, and prosperity, with millions of people affected by violence and displacement.

Ireland and the EU remain firm supporters of peace and stability in Somalia and the Lake Chad region. The EU continues to provide considerable funding to AMISOM, the African Union-led peacekeeping mission in Somalia, to reduce the serious threat posed by Al-Shabaab. The EU provides further support, as part of its Common Security and Defence Policy, to capacity building operations in the areas of maritime law enforcement and military training in order to strengthen rule of law in Somalia and boost the Somali security forces’ ability to combat the ongoing insurgency. The EU has pledged up to €50 million in support of the 8,000 strong Multinational Joint Taskforce drawn from Nigeria and other West African countries, active against Boko Haram.

Ireland supports the comprehensive approach being taken at EU and UN level to prevent and counter terrorism. We have stressed the need to address the underlying factors that contribute to radicalisation and terrorism. Ireland sees an important link between peace, security and development, and this informs not just Ireland’s development cooperation approach but our broader foreign policy.

The combined effects of the insurgencies of Al Shabaab and Boko Haram have contributed to severe humanitarian crises and mass displacement in Somalia and the Lake Chad region. Ireland continues to provide life-saving humanitarian assistance to address these crises. Ireland provided €6 million worth of assistance to Somalia in 2017, with plans to contribute to the Somalia Humanitarian Fund in the coming weeks. Ireland provided €5.2 million to Nigeria and the Lake Chad Region in 2017 and I expect that we will provide a similar level of support in 2018.

Our Embassies in Abuja and Nairobi continue to closely monitor developments in relation to Al-Shabaab and Boko Haram, and to work with the relevant Governments, regional authorities, and other key partners to support peace and stability in both regions, and to address the humanitarian crises through diplomatic engagement and humanitarian funding.

Human Rights

Questions (66)

Bernard Durkan

Question:

66. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on the most serious incidences of genocide reported in the past year; the action taken at EU and UN level to combat the problem; and if he will make a statement on the matter. [3914/18]

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Written answers

Article II of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, to which Ireland has acceded, defines genocide as any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

a. Killing members of the group;

b. Causing serious bodily or mental harm to members of the group;

c. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

d. Imposing measures intended to prevent births within the group;

e. Forcibly transferring children of the group to another group.

A similar definition of genocide is contained in Article 6 of the Rome Statute of the International Criminal Court.

Since the term “genocide” is a term which has a particular meaning under international law, recognition of events definitively as genocide involves a complex analysis of both facts and law.

My Department tracks situations throughout the world which may give rise to mass atrocities, including genocide, and regularly intervenes to raise its concerns at a bilateral level and in international forums including the European Union, the Human Rights Council and the UN General Assembly.

In 2015, Ireland co-sponsored UN General Assembly Resolution 69/323 which designated 9 December as the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime.

The EU Action Plan on Human Rights and Democracy 2015 – 2019 reaffirms the European Union's commitment to promote and protect human rights and to support democracy worldwide. Within this plan, the EU, through the EEAS, Commission and Member States, commits to enhance co-operation with and support for the UN Special Adviser on the Prevention of Genocide and the UN Special Adviser on the Responsibility to Protect, as well as other international and regional actors and civil society organisations engaged in preventive action.

Vehicle Registration

Questions (67)

Charlie McConalogue

Question:

67. Deputy Charlie McConalogue asked the Minister for Finance when a reply will issue to correspondence (details supplied); and if he will make a statement on the matter. [3699/18]

View answer

Written answers

A response to this correspondence issued from my office on 12/12/2017.

Motor homes are classed as Category B vehicles and therefore are subject to a rate of VRT of 13.3% of their Open Market Selling Price (OMSP). This compares to Category A (passenger) vehicles which are charged at rates between 14% and 36% of their OMSP depending on the level of CO2 they emit. Motor homes also receive preferential treatment vis-à-vis Category A vehicles in relation to the application of annual motor tax.  

There are a number of objectives of the Irish Vehicle Registration Tax (VRT) system. VRT is an important source of revenue for the State.  It also seeks to reflect the negative externalities caused by using the vehicle in the State. These externalities are the costs to society and to the environment that, without the tax, would not otherwise be reflected in the price of the vehicle and for which the consumer would not otherwise have to pay. 

In the case of motor vehicles, these include environment externalities such as air pollution, which is why one of the bases for imposing VRT is the vehicle's carbon emissions.  Other externalities which VRT seeks to reflect, include the costs to society of providing and maintaining the road infrastructure, traffic control, relevant emergency services, and vehicle registration and licensing.  The funds raised through VRT go towards compensating the Irish State for these significant costs.

Motor Insurance Costs

Questions (68)

Peadar Tóibín

Question:

68. Deputy Peadar Tóibín asked the Minister for Finance if his attention has been drawn to the number of complaints arising over older cars in full working condition that have successfully passed the NCT and that have high safety specification being quoted more expensively than newer cars; if he has satisfied himself with same; if he has sought an explanation from the companies regarding same; the effect an extra year has on price; and if it is differentiated on the basis of the specifications of the model in a given age bracket. [3742/18]

View answer

Written answers

In response to the Deputy’s first point, I can inform him that my attention has been drawn to complaints in relation to the provision and pricing of motor insurance for older vehicles. My officials have received representations on this topic, while there have also been a number of Parliamentary Questions tabled on the matter.

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 direct insurance companies as to the pricing level or terms or conditions that they should apply in respect of particular categories of drivers or vehicles.

Policy in relation to the NCT lies with the Minister for Transport, Tourism and Sport. The NCT was introduced to comply with an EU Roadworthiness Testing Directive aimed at improving road safety and environmental protection. While the NCT is one component of having safer vehicles on our roads, every vehicle owner has a personal and legal responsibility to ensure that their vehicles are roadworthy and well maintained. The NCT is an inspection or general “health check” of what is visible and accessible on the day of the test and includes a check of the roadworthiness of such safety features, amongst others, as lighting, brakes and tyres.

The NCT is a minimum requirement of roadworthiness and is therefore not the only rating factor taken into account in the provision of motor insurance. Insurers will generally require that a car has a valid NCT in order to be covered. However, in making their individual decisions on whether to offer cover and what terms to apply, they will also use a combination of other rating factors, which include the age and type of the vehicle, as well as the age of the driver, the relevant claims record and driving experience, the number of drivers, how the car is used, etc. My understanding is that insurers do not all use the same combination of rating factors, and as a result prices and availability of cover varies across the market. In addition, insurance companies will price in accordance with their own past claims experience, meaning that in relation to the age of a vehicle and the availability of cover, different insurance companies will use different age thresholds.

Finally, it may be of interest to the Deputy that the Competition and Consumer Protection Commission website has an informative section regarding the purchase of car insurance, and one of the key tips listed to help cut costs is to “shop around” and to “always get quotes from several insurance providers when you need to get or renew insurance”. The relevant website address is: https://www.ccpc.ie/consumers/money/insurance/car-insurance/.

VAT Registration

Questions (69)

Clare Daly

Question:

69. Deputy Clare Daly asked the Minister for Finance his plans to reform the preferential treatment of farmers in regard to VAT. [3746/18]

View answer

Written answers

I am advised by Revenue that in accordance with the EU VAT Directive farmers may register for VAT or be treated as flat-rate farmers for VAT purposes.

The flat rate scheme is designed to compensate non-VAT registered farmers for the VAT incurred by them on the purchases of goods and services relating to their activities. The scheme sets out a percentage amount (currently 5.4%), known as the flat-rate addition, which unregistered farmers apply to their prices when selling to VAT-registered businesses (co-operatives, meat factories, etc).  The VAT-registered business treats the flat-rate amount as a normal business input in its periodic VAT return, claiming input credit for the flat-rate amount paid to the flat-rate farmer.  In this way, farmers are compensated for the VAT borne by them on their input costs, and this simplification reduces the administrative burden for them as there is no need to register for VAT to recover VAT borne on their inputs. Under the EU VAT directive, the flat-rate addition is calculated using macro-economic statistics for the preceding three years. Member States are not allowed to fix a rate independently.

I have no plans to reform the current system.

Motor Insurance

Questions (70)

Pearse Doherty

Question:

70. Deputy Pearse Doherty asked the Minister for Finance when the remaining claimants in relation to a company (details supplied) will be compensated; the way in which the State is protecting customers of the company from personal liability; and if he will make a statement on the matter. [3747/18]

View answer

Written answers

Setanta 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.

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.

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.

In relation to the issue of policyholder liability, I am advised that there are still ongoing disputes around liability between policyholders and third party claimants, and in some instances, there may be more than one claim against a single policyholder.  As this is a matter for third party claimants to make a decision on, the Government has no direct role in this process. 

The policyholder liability issue is directly related to the shortfall anticipated by claimants.  In relation to any Government intervention to fully compensate third party claimants over and above the 65% limit, and then “step into the shoes” of these claimants to recover directly any balance due from the Setanta liquidation, there is a legal concern that this could result in the Government having a lower status in the creditor hierarchy, and thus significantly reduce the amount it could recoup from the liquidator.

In this respect, my Department sought and received advice from a Maltese law firm on this matter. This advice has been reviewed by the Office of the Attorney General. In addition, my Department has recently met with the Liquidator to receive an update on the status of the liquidation process as well as the issues he is encountering in settling claims.  Based on this up to date information and the legal advice, the various courses of action open to the Government in relation to this issue are actively being considered. 

Departmental Meetings

Questions (71)

Pearse Doherty

Question:

71. Deputy Pearse Doherty asked the Minister for Finance the dates of all meetings held by his Department with a company (details supplied) in 2014; and if he will make a statement on the matter. [3761/18]

View answer

Written answers

The information requested is being compiled and will be forwarded to the Deputy in line with Standing Orders. 

Credit Unions

Questions (72)

Paul Kehoe

Question:

72. Deputy Paul Kehoe asked the Minister for Finance the changes to criteria for penny bank saving funds in banks and credit unions; and if he will make a statement on the matter. [3789/18]

View answer

Written answers

I can advise the Deputy that there are no specific legislative or regulatory requirements relating to penny bank saving clubs (also commonly referred to as savings clubs.) Any such group savings scheme with a credit union would be required to comply with the same regulatory requirements that apply to an individual member’s savings account with a credit union.

Section 27 of the Credit Union Act, 1997 sets out provisions in relation to the ‘raising of funds by shares and deposits’. Section 27A of the Credit Union Act, 1997, requires that ‘a credit union shall maintain appropriate oversight, policies, procedures, processes, practices, systems, controls, skills, expertise and reporting arrangements to ensure the protection of members’ savings and that it complies with requirements imposed under the financial services legislation’

Under the Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (2016 Regulations) no individual member in a credit union shall have total savings which exceeds €100,000. Under the 2016 Regulations there are a number of credit unions who have been granted approval by the Central Bank to retain individual members’ savings in excess of €100,000 which were held at commencement of the Regulations and a smaller number of credit unions have been granted approval to increase individual members’ savings in excess of €100,000.

Credit unions must also ensure that they are compliant with the customer due diligence requirements of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (the 2010 Act). Section 33 of the 2010 Act requires that appropriate customer due diligence is undertaken to ensure that an entity has a means to identify and verify the identity of its customers.

The 2010 Act would therefore require that the identity of all savers in a savings club is known with appropriate customer due diligence undertaken by the credit union.

European Central Bank

Questions (73)

Pearse Doherty

Question:

73. Deputy Pearse Doherty asked the Minister for Finance the input his Department or the Central Bank has had in the ECB's work on supervisory response on the treatment of non-performing split mortgages; and if he will make a statement on the matter. [3790/18]

View answer

Written answers

By way background, I can confirm for the Deputy that the Department was actively involved in the Subgroup on Non-Performing Loans (NPLs) of the European Council’s Financial Services Committee (FSC). Arising from the work of this sub-group, an Action Plan was agreed to help reduce the stock of NPLs in European banks and their future emergence. The representation of the Department on the sub-group, and the more recent European Commission Expert Group on NPLs, ensures Ireland’s views were voiced and considered in matters that were important for us. 

On 18th January 2018 the European Commission issued the first progress report on the FSC Action Plan for the reduction of non-performing loans in Europe. In the case of Ireland, the report highlighted the significant progress made with NPLs which were down over 60% (EUR 50 billion) from peak in 2013. The report also highlighted that of the remaining EUR 34 billion at September 2017, approximately 65% are mortgages and approximately 45% of these mortgages have been restructured. The report further comments, however, that many of these mortgages will not meet the test to return to performing status despite regular cash flows.

In relation to split mortgages specifically, officials in the Department have been in dialogue with the regulatory authorities to understand the regulatory assessment of certain restructured mortgages. This includes some, but not all, split mortgages and certain other restructured mortgages, which are considered NPLs under EBA definitions for the remaining life of the mortgage even if such loans are performing to the restructure.

I have also been informed that in a recent letter from the head of the SSM to a member of the European Parliament, the SSM indicated that it has been "approached by several institutions from different euro area countries asking for supervisory guidance on the appropriate use of non-performing mortgage splitting". The SSM has started work on a response to these queries and is currently conducting a full legal and technical review of the topic. The Irish Central Bank is providing input into the SSM's review of the topic but this process has yet to be completed.

Primary Medical Certificates Applications

Questions (74)

Robert Troy

Question:

74. Deputy Robert Troy asked the Minister for Finance if the circumstances involved in a primary medical certificate application by a person (details supplied) will be investigated; and if he will make a statement on the matter. [3851/18]

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Written answers

I am advised by Revenue that the person concerned, who was a first time applicant, was deemed by them not to have qualified for the Disabled Drivers and Disabled Passengers Scheme and as such was not eligible to access the benefits of the scheme. I am further advised that Revenue informed the family member of the person who submitted the application of this fact.

Office of Public Works Properties

Questions (75)

Imelda Munster

Question:

75. Deputy Imelda Munster asked the Minister for Public Expenditure and Reform the agreement in place with his Department and Louth County Council regarding the use of a site (details supplied); the number of his Department's staff that were issued with free car parking permits; the timeframe on this agreement; when it commenced; when it is due to cease; if there are financial benefits to the local authority throughout the period of this agreement; and if so, the amounts agreed. [3740/18]

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Written answers

The Office of Public Works (OPW) owns the site known as Murdock’s Carpark which incorporates Westgate House and the remains of the old town wall.

For the past number of years a portion of land to the rear of Westgate House and in front of the Garda Station has been managed, by agreement, by Louth County Council (LCC) for the purpose of a public car park. All charges in relation to this car park are managed by LCC. As part of the agreement, An Garda Siochana may use this car park for overflow parking.

I have been advised by the Commissioners of Public Works that they are currently engaging with LCC in relation to the future use of this site

Departmental Funding

Questions (76)

Seán Sherlock

Question:

76. Deputy Sean Sherlock asked the Minister for Education and Skills the amount of funding invested in an institute (details supplied) for 2018. [3766/18]

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Written answers

The Institute referred to by the Deputy is a body corporate established under the Institute for Advanced Studies Act, 1940.  The Institute, through its three constituent schools, pursues fundamental research in specialised branches of knowledge and trains advanced students in methods of original research. The Institute is an academic publisher of monographs, books and journals in Celtic Studies and on advanced scientific subjects.

The Institute awards scholarships to a number of students and also accommodates students from the Universities and externally funded research bodies.  

The allocation for the Institute amounts to €6.73m in 2018.

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