Written Answers Nos. 166-185
166. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which the international community has attempted to intervene in the situation in Gaza with a view to ensuring the observance of basic human rights; and if he will make a statement on the matter. [48365/18]
View answerI, and my Department, have been monitoring the increase in violence in Gaza over the past number of months with great anxiety. These events that have led to the deaths of hundreds of civilians, and the wounding of very many more, were senseless and avoidable.I have given a high priority to the Middle East conflict since I assumed office, and discuss it regularly with my European colleagues, as well as with my Israeli and Palestinian counterparts during my visits to the region. I have given particular priority to the situation in Gaza, which I visited most recently in January of this year. Following the horrific events of 14 May 2018 in Gaza, I summoned the Israeli Ambassador to Iveagh House to convey the Government’s view that the actions by Israeli security forces were unjustified and unacceptable. I made clear, as I have done publicly, that Israel’s right to defend itself did not justify these actions.
I also raised Gaza with my EU counterparts, at the Foreign Affairs Council in May. I stressed the need to find practical ways to begin to ease the situation there, and to provide hope for an end to the cycle of recurring violence. Once again, we reiterated our commitment to reviving the political process, along the lines of the two- state solution.
Subsequently, Ireland and other states requested the calling of a Special Session of the United Nations Human Rights Council in Geneva to discuss these events. At that session, Ireland co-sponsored a motion in which the Human Rights Council set up a commission of inquiry into what happened. Ireland also supported a resolution at the UN General Assembly in New York which called for examination of means of protecting Palestinian civilians.
Ireland has worked consistently, particularly at EU and UN level, to encourage international attention to focus on the long running and worsening problems in Gaza, and the need to end the restrictions imposed by Israel which have a debilitating effect on the population, as well as the need to end rocket fire, shootings, and other violence in both directions.
I have met the new Israeli Ambassador and raised with him my increasing concerns about the effects of the ongoing occupation of Palestine. I will continue to raise my concerns at every appropriate opportunity.
I have replied separately to other Questions today about the exchange of fire across the Gaza border, which took place in the last week.
167. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the degree to which the UN continues to challenge the activities of Boko Haram and Al Shabaab; if cases are being referred to the International Court of Justice; and if he will make a statement on the matter. [48366/18]
View answerI remain deeply concerned by the threat to peace and security represented by armed groups such as Boko Haram and Al-Shabaab, whose brutal attacks on civilian populations, particularly women and girls, the Government consistently condemns.
Ireland works bilaterally and as an EU Member State, as well as with UN partners to promote peace and security in areas affected by the armed groups. The Embassies of Ireland in Nairobi and Abuja actively monitor the situation on the ground, and feed into Ireland’s effective advocacy within EU and UN forums.
In addition, Ireland works with a broad range of partners to coordinate our collective humanitarian response so that those affected can be most effectively protected and assisted. In this regard, Ireland this year is making a particularly important contribution, through our chairing of the OCHA donor support group which assists the UN Humanitarian Coordinator. So far this year, Ireland has provided over €4.8 million in humanitarian funding to the Lake Chad region and €5.5 million in humanitarian funding to Somalia. In addition, Ireland is also the 7th largest donor to the UN’s Central Emergency Response Fund (CERF). CERF has this year allocated €14.9 million to Somalia, as well as a further €22.9million to the Lake Chad basin.
Ireland and the EU are strong and consistent supporters of the work to build peace and stability in both the Lake Chad region and Somalia. The EU has contributed up to €50 million in support of the Multinational Joint Taskforce which promotes regional security in territories affected by Boko Haram.
The EU provides considerable support to the UN mandated AMISOM, the African Union-led peacekeeping mission in Somalia, to combat the serious threat posed by Al-Shabaab, and also to reinforce the establishment of Somalia’s government institutions. This is in addition to EU support for capacity building operations in the areas of maritime law enforcement and training.
Ireland is working with both EU and UN partners to implement a comprehensive approach that addresses the root causes of radicalisation in both regions. This includes the promotion of peace and giving people access to decent work and livelihoods, including via the EU’s Instrument contributing to Peace and Stability (IcSP) and the EU Emergency Trust Fund for Africa (EUTF).
The appropriate international forum for determining whether a prosecutable crime has been committed would be the Office of the Prosecutor of the International Criminal Court. The Office of the Prosecutor determines whether a situation meets the legal criteria established by the Rome Statute to warrant investigation.
As Nigeria has deposited its instrument of ratification to the ICC, the Court has jurisdiction there. On 12 November 2015, the Office of the Prosecutor identified eight potential cases involving the commission of crimes against humanity and war crimes under articles 7 and 8 of the Statute that form the subject of an ongoing admissibility assessment, including six for conduct by Boko Haram and two for conduct by the Nigerian security forces.
The ICC does not currently have jurisdiction in Somalia.
168. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on the impact which the draft withdrawal treaty, if agreed, will have on the Good Friday Agreement. [48108/18]
View answerThe Government is acutely conscious of the potential impact on Northern Ireland of the UK decision to leave the European Union. The Government is determined to ensure that the Good Friday Agreement in all its parts, and the gains and benefits of the Peace Process, are protected for people on the island of Ireland, North and South. In this regard, the Government appreciates the solidarity and support which has been shown by all of our EU partners in respect of Ireland’s unique issues and concerns.
The Protocol on Ireland/Northern Ireland that is part of the draft Withdrawal Agreement published on 14 November 2018, and agreed at negotiator level, reflects the priority that the Government and our European partners have placed on protecting the Good Friday Agreement in all its parts.
Prime Minister May and her Cabinet have indicated that, for their part, the draft text for the Withdrawal Agreement is an acceptable basis on which to proceed towards a meeting of the European Council which President Tusk has convened for 25 November.
This is a very significant step, one that fully achieves our negotiating priorities for this phase and that reflects the commitments made in the Joint Report between the EU and UK negotiators published on 8 December 2017.
Through the Protocol, the EU and UK will be protecting the Good Friday Agreement in all its parts. Importantly, the draft Protocol makes clear that nothing in this Withdrawal Agreement will affect the constitutional status of Northern Ireland and the principle of consent as set out in the Good Friday Agreement.
Critically, the backstop arrangements in the draft Protocol on Ireland and Northern Ireland in the draft Withdrawal Agreement guarantee that there will be no hard border on the island of Ireland in any circumstances.
There is a commitment that the UK will ensure that there will be no diminution of rights, safeguards and equality of opportunity as set out in the Good Friday Agreement. The Protocol also recognises that Irish citizens in Northern Ireland are EU citizens and that they will continue to enjoy rights, opportunities and benefits.
In addition, the Protocol provides that the Single Electricity Market will be maintained on the island of Ireland and that North South cooperation can continue in a range of important areas.
The Protocol also contains other provisions that address a number of other unique circumstances on the island of Ireland. These include provision for the maintenance of the Common Travel Area, a key Government objective in negotiations.
The Government will continue to engage intensively, as appropriate, with the EU and the UK to ensure the protection of the Good Friday Agreement in all its parts and to secure the gains and benefits of the Peace Process.
169. Deputy Mick Wallace asked the Tánaiste and Minister for Foreign Affairs and Trade if he has had communications with his counterparts in the European countries that continue to sell arms and provide support to the coalition that is bombing Yemen; and if he will make a statement on the matter. [48419/18]
View answer170. Deputy Mick Wallace asked the Tánaiste and Minister for Foreign Affairs and Trade if he satisfied with the role the UN has played in terms of ending the war in Yemen; and if he will make a statement on the matter. [48420/18]
View answerI propose to take Questions Nos. 169 and 170 together.
The crisis in Yemen is a source of grave concern. Three years of armed conflict has been the driving force in a devastating, protracted humanitarian crisis.
I most recently discussed the situation in Yemen with my EU counterparts at yesterday’s meeting of the Foreign Affairs Council. [We were all in agreement on the need to continue our strong support for the efforts of the UN Special Envoy for Yemen, Martin Griffiths, who is working to bring the parties together for a new round of peace talks which may take place before the end of the year.] I was heartened to hear of the renewed prospects for negotiations. Work is also ongoing in New York on a UN Security Council Resolution that will hopefully see agreement on a ceasefire and will lay the groundwork for the resumption of peace negotiations.
While some individual EU Member States have announced decisions to refrain from selling arms and military equipment to members of the international Coalition , there is currently no consensus at EU level on an arms embargo related to the conflict in Yemen. For now Irish efforts are concentrated on ensuring the effective implementation of Export Control Regimes and the implementation of the 2014 Arms Trade Treaty.
The UN plays an important role in delivering and coordinating humanitarian support in Yemen, in facilitating access for commercial goods, in driving forward efforts to resolve the conflict through the work of the UN Security Council and the Special Envoy, and in providing oversight through the work of the Human Rights Council and other human rights bodies.
I fully support the efforts of the UN Special Envoy, who is working in very difficult circumstances. To make progress, he requires full cooperation and engagement from all parties to the conflict. He has worked hard since he took up the role in March to make a positive impact, and I hope his latest efforts to restart talks, later this month, will meet with success.
The UN is vital to the humanitarian effort in Yemen, playing a leadership role in coordinating assessments of need, and ensuring overall humanitarian coordination to avoid gaps and duplication. Since 2015, Ireland has provided almost €16.5 million in humanitarian assistance to Yemen, much of which is disbursed via UN agencies, who ensure delivery on the ground. This includes a contribution of €4 million made to the UN Yemen Humanitarian Fund this year, which provides assistance in the areas of education, logistics, food security, nutrition and health. The UN agencies, along with a small number of international NGOs, are carrying the greatest burden in terms of providing food and basic services for the Yemeni people.
The United Nations Verification and Inspection Mechanism for Yemen (UNVIM) is important in facilitating the unimpeded free flow of commercial vessels sailing to Yemen ports not under the control of the internationally recognized government, namely Hodeidah and Saleef. The EU is now the largest donor to UNVIM.
The UN Human Rights Council also has a role in highlighting the grave human rights situation in Yemen. Ireland was part of a small core group of countries that drove forward the adoption by consensus of a Resolution at the Human Rights Council establishing a Group of Eminent Experts (GEE) on Yemen. The GEE presented its findings to the UN High Commissioner for Human Rights in August 2018. While the report noted numerous violations and crimes, the experts indicated that they needed more time to complete their work. In September Ireland worked again with a core group of countries to extend the mandate of the GEE for a year, to allow them to do this.
171. Deputy Michael Healy-Rae asked the Minister for Finance if a tax allowance will be given to persons obtaining nutritional advice from professionals (details supplied); and if he will make a statement on the matter. [47739/18]
View answerI am informed by Revenue that tax relief in respect of health expenses is provided for in section 469 of the Taxes Consolidation Act 1997. Section 469 defines “health expenses” as “expenses in respect of the provision of health care including the services of a practitioner”.
A practitioner is defined in the section as “any person who is:
1. registered in the register established under section 43 of the Medical Practitioners Act 2007,
2. registered in the register established under section 26 of the Dentists Act, 1985, or,
3. in relation to health care provided outside the State, entitled under the laws of the country in which the care is provided to practice medicine or dentistry there".
Further details in relation to income tax relief for health expenses can be found on the Revenue website and also in the Tax and Duty Manual Part 15-02-12 on that website.
I have no plans to extend further the scope of health expenses relief at this time.
172. Deputy Pearse Doherty asked the Minister for Finance the measures in the Finance Bill 2018 awaiting state aid approval; the measures from previous Finance Acts still awaiting state aid approval; and if he will make a statement on the matter. [48170/18]
View answerThere are two measures awaiting State Aid approval, both are contained within Finance Bill 2018.
Section 24 of Finance Bill 2018, as initiated, gives effect to the Budget announcement providing for a four-year extension to the film tax credit provided in section 481 of the Taxes Consolidation Act 1997, from the current end date of December 2020 to December 2024. The section also introduces a new, time-limited, tapered regional uplift for productions in areas designated under the State aid regional guidelines. This uplift will taper out over a period of 4 years. The uplift will be available at a rate of 5% in years 1 and 2, 3% in year 3 and finally 2% in year four. The section also provides for a number of administrative changes to ensure the credit operates in an efficient manner. As the film tax credit is a notified State aid, these changes are subject to EU approval and the process of notifying the EU is under way.
Section 11 of the Finance Bill 2018 amends Section 128F of the Taxes Consolidation Act 1997, which provides for favourable tax treatment of share options granted under the Key Employee Engagement Programme (KEEP). Under the scheme there are restrictions imposed on the total market value of shares which can be granted by the qualifying company to the qualifying employee. The restrictions are set out in paragraph (d) in the definition of “qualifying share option” in subsection (1). The amendment changes the restriction applied at employee level, whereby the limit of €250,000 in any 3 consecutive years of assessment is replaced by a life-time limit of €300,000, and the limit of 50% of the annual emoluments in the year of assessment is increased to 100% of the annual emoluments. This relief is also subject to State Aid provisions, although the KEEP scheme overall already has State Aid approval.
173. Deputy James Browne asked the Minister for Finance if the Revenue Commissioners will consider introducing an 01 landline phone number for employees, akin to the employer's helpdesk phone number; and if he will make a statement on the matter. [47834/18]
View answerAs set out in my reply to Parliamentary Question 45247-18, Revenue launched a new telephony platform on 26 September 2018. The platform facilitates phone calls using standard telephone numbers, including 01 numbers, that do not incur the range of charges currently applied by service providers to 1890 calls.
Revenue has confirmed that the new service already includes an employee specific telephone number at 01-7383636, which operates in the same manner as the Employer Helpdesk.
174. Deputy Noel Grealish asked the Minister for Finance if a property is liable for local property tax when commercial rates have been paid on the property (details supplied); and if he will make a statement on the matter. [47908/18]
View answerLocal Property Tax (LPT) is a self-assessed tax that is chargeable on a building, or a part of a building, that is in use, or suitable for use, as a domestic dwelling. In situations where a property is used for both commercial and residential purposes, LPT is chargeable on the latter (residential) portion only.
However, properties with a residential element that are fully subject to commercial rates may be exempt from LPT. Where such conditions exist, Revenue will apply the exemption once confirmation is provided by the relevant Local Authority that the entire building is subject to commercial rates and that no allowance has been made for any residential portion.
Revenue has advised me that it is not possible to confirm entitlement to the exemption in the specific case to which the Deputy is referring from the information provided. If the Deputy wishes to provide the actual address of the property in question, Revenue will be happy to investigate the matter further and revert as quickly as possible.
175. Deputy Noel Rock asked the Minister for Finance if his attention has been drawn to the comments by a person (details supplied) regarding tax breaks for those who invest in the development of football here; if he will consider same; and if he will make a statement on the matter. [48064/18]
View answerI am very much aware of the important contribution that football can make in developing young adults; a role that will also help in strengthening the social fabric of our country.
As the Deputy will be aware, the Government recently approved a National Sports Policy 2018-2027 brought forward by the Minister for Transport, Tourism and Sport. Any developments along the lines of those referred to in the Deputies question would need to be consistent with the National Sports Policy and with my Department’s Tax Expenditure Guidelines.
The Deputy may wish to note, however, that a range of tax incentives are already in place in relation to sporting activities.
Section 847A Taxes Consolidation Act 1997 (TCA) for donations to certain sports bodies for the funding of capital projects. For donations to be eligible for this tax relief, the project must be approved by the Minister for Transport, Tourism and Sport and the sports body must hold a certificate from the Revenue Commissioners stating that the body is, in their opinion, an exempt body under section 235 TCA – that is, a body whose income is exempt from tax by virtue of the fact that it is a body established for and existing for the sole purpose of promoting athletic or amateur games or sports and whose income is applied solely for those purposes. Relief under the scheme is allowed for relevant donations up to €40,000,000 in respect of an approved project.
The method of granting tax relief for donations depends on whether the donor is a self-assessed individual, a PAYE-only taxpayer or a company. Self-assessed individuals claim a deduction in their annual tax return. In the case of PAYE-only taxpayers, the approved sports body is entitled to claim a refund of the income tax deducted after the donation has been re-grossed at the donor’s marginal income tax rate. Where a company makes a relevant donation to an approved sports body, the amount of the donation is treated as either a deductible trading expense or an expense of management deductible in computing total profits of the company for the relevant accounting period.
The type of approved capital projects of relevant sports bodies for which donations may attract tax relief under this scheme are the categories for which the Minister for Transport, Tourism and Sport has issued a certificate to the approved sports body certifying that it is an approved project, which are as follows:
- purchasing, constructing or refurbishing a building for use for sporting or recreation activities provided by the approved sports body,
- purchasing land for use by the approved sports body in providing sporting or recreation facilities,
- purchasing permanently based equipment for use by the approved sports body in providing such facilities,
- improving the playing pitches, surfaces or facilities of the approved sports body, and
- repaying money borrowed by the approved sports body for any of the above-mentioned purposes.
The tax status of recognized amateur sports bodies should also be noted. Section 235 TCA exempts from income tax and corporation tax the income of certain bodies established for the sole purpose of promotion of athletic or amateur games or sports where such income is applied solely for that purpose.
Section 610A TCA provides that a capital gain by an approved sports body will be exempt from capital gains tax where the proceeds of a disposal have been or will be applied for the sole purpose of promoting athletic or amateur games or sports.
The question of the appropriateness of existing tax incentives for sport, including the desirability of any additional measures in this area is something that will be kept under review in conjunction with the Minister for Transport, Tourism and Sport.
176. Deputy Noel Grealish asked the Minister for Finance if the home renovation incentive is to be continued in 2019 and beyond as a means of improving housing stock; and if he will make a statement on the matter. [48104/18]
View answerS477B of the Taxes Consolidation Act 1997, the Home Renovation Incentive (HRI), contains a sunset clause for 31 December 2018. I do not propose that the incentive be extended beyond this date.
The incentive was introduced in Budget 2014, at a time when there was considerable loss of employment within the construction sector, with the aim of stimulating increased activity and boosting employment in the sector. The objectives for which the scheme was put in place have been fulfilled, and the support is no longer necessary.
Also, in light of the current housing supply shortage, and the need to deliver 25,000 additional housing units per annum over the period 2017-2021, there is a risk that the Home Renovation Incentive could lead to increased competition for scarce resources within the construction sector, leading to upward pressure on construction costs and house prices. The potential for displacement of labour from work on new builds to work on home renovations would create a high opportunity cost of labour associated with HRI which was not present at the inception of the scheme.
Finally, as the Deputy will appreciate, I must be mindful of the public finances and the many demands on the Exchequer. Tax reliefs, no matter how worthwhile in themselves, reduce the tax base and make general reform of the tax system that much more difficult.
177. Deputy Catherine Murphy asked the Minister for Finance further to Parliamentary Questions Nos. 212 to 214, inclusive, of 6 November 2018, the status of deferrals which will take post the review of local property tax, LPT; if the deferral facility will remain an option for persons who are LPT liable; and if he will make a statement on the matter. [48244/18]
View answerI understand that the Deputy has clarified that her question refers to the status of LPT deferrals that are currently in place post the next LPT revaluation date (01 November 2019) . It is a condition of any deferral that, if a claimant’s circumstances change, Revenue must be notified. A change of circumstances may result in the deferral being terminated in respect of future LPT. In addition, certain events such as the receipt of money by way of winnings, gifts, inheritances or capital sums of any kind will cause the tax deferred up to that point, including interest, to become immediately payable.
The report of the review of the LPT is currently being finalised in conjunction with the Departments of the Taoiseach, Public Expenditure and Reform, Housing Planning and Local Government, and the Office of the Revenue Commissioners. I will of course consider the conclusions and recommendations of the report when it is presented to me.
178. Deputy Pearse Doherty asked the Minister for Finance the number of infractions of the code of conduct on mortgage arrears recorded since 2013; the number of fines or other penalties which resulted; and if he will make a statement on the matter. [48273/18]
View answerThe Central Bank assures me that it assertively supervises compliance with the requirements of the Code of Conduct on Mortgage Arrears (CCMA) and it will continue to do so.
No firm has been sanctioned for a breach of the CCMA to date. However, in 2015, the Central Bank conducted a themed inspection of lenders’ compliance with the CCMA.
The purpose of the inspection was to examine lenders’ processes for dealing with borrowers and to ensure that lenders can demonstrate full compliance with the letter and spirit of the CCMA. As part of the inspection, the Central Bank inspected seven lenders under the four key areas of ‘resolution of arrears in a timely manner’, ‘transparency of borrower communications’, ‘fair process’ and ‘process improvement and controls’.
Formal supervisory requirements, with specific timelines for remediation, were imposed on those lenders where the Central Bank identified risks to borrowers.
The Central Bank operates an assertive risk based approach to supervision which is supported by a credible threat of enforcement. The Central Bank’s enforcement strategy is aimed at promoting principled and ethical behaviour in regulated entities and those that work in such entities. The Central Bank will take appropriate action where regulated entities and/or individuals fall short of those expected standards of behaviour.
The Central Bank's Enforcement division uses a wide range of tools to take action against regulated entities and/or individuals which fall short of our expected standards of behaviour including Administrative Sanctions, Fitness and Probity investigations and other enforcement tools.
179. Deputy Pearse Doherty asked the Minister for Finance further to Parliamentary Questions Nos. 158, 164 and 169 to 171, inclusive, of 13 November 2018, if the changes mentioned will be introduced by primary or secondary legislation or without legislation; and if he will make a statement on the matter. [48282/18]
View answerRevenue have an on-going review of their concessionary flat rate expenses practice to ensure that the expenses granted remain justified & appropriate to modern day employments & work practices.
As a result, I am aware that the intention to update the practice was communicated to certain sectors and I have been advised by Revenue that the effective date for implementation of the changes referred to in the previous replies to parliamentary questions identified by the Deputy has been deferred to 1 January 2020. This approach will ensure that any changes that may be made to the flat rate expenses regime do not impact on any specific group earlier than the rest.
Revenue are independent in the administration of the tax code, but I understand that the flat rate expenses regime is an additional concessionary practice operated by Revenue where both specific commonality of expenditure exists across an employment category, and the statutory requirement for the tax deduction as set out in section 114 of the of the Taxes Consolidation Act (TCA) 1997 is satisfied.
It is important to be clear that there has been no change to the general rule set out in legislation that says that all employees are entitled to claim a deduction under section 114 TCA 1997 in respect of an expense incurred wholly, exclusively and necessarily in the performance of the duties of their employment, to the extent which the expenses are not reimbursed by the employer. This means that all employees remain entitled to claim deductions for valid and specific expenses incurred.
As a result, any change to a particular flat rate expense does not require a change to either primary or secondary legislation but results in an update to the relevant Tax and Duty Manual, which is available on the Revenue website.
The purpose of the regime is to simplify administration where the specific legislative criteria is met to help both the taxpayer and Revenue, by making it easier for large groups of employees working in the same sector to avail of their entitlement to tax relief in respect of expenses incurred in the performance of their employment duties.
Revenue have advised that any revisions to their administrative practice will only take place after engagement with the relevant representative body and won’t take effect before 1 January 2020.
180. Deputy Brendan Howlin asked the Minister for Finance if his Department has carried out advertising campaigns to promote policies or programmes being implemented by his Department; the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, outdoor advertising and other consultancy or production costs for each of the past five years; and if he will make a statement on the matter. [48299/18]
View answerMy Department has carried out a number of advertising campaigns to promote specific policies or programmes being implemented by my Department over the past five years. The following table sets out the campaigns or relevant programmes and associated total costs, in tabular form:
|
Year |
Advertising campaign to promote Departmental policies or programmes |
The campaign or relevant programme |
Cost |
|
2018 |
Switch Your Bank media campaign Phase 2 |
Switch Your Bank* media campaign Phase 2 |
€351,165 (not including €51,045, as indicated for 2017 below) |
|
2017-2018 |
Supporting SME Online Tool Media Campaign |
SME Online Tool |
€13,318.94 |
|
2017 |
Public information notice regarding AIB IPO Retail Offering Information |
AIB IPO Retail Offering Information** |
€91,202.04 |
|
2017 |
Graphic design of poster and leaflet following transposition of the European Union (Payment Accounts) Directive |
Awareness of availability of payment accounts with basic features |
€480 |
|
2017 |
Switch Your Bank media campaign – Phase 1 |
Switch Your Bank* media campaign – Phase 1 |
€664,035.59 (not including €49,282.41 for 2015-2016 below) |
|
2017 |
Switch Your Bank media campaign – Phase 2 |
Switch Your Bank* media campaign – Phase 2 |
€54,735 (of which €51,045 was paid in January 2018) |
|
2016 |
Switch Your Bank media campaign – Phase 1 |
Switch Your Bank* media campaign – Phase 1 |
€73,964.41 (of which €49,282.41 was paid in January 2017) |
|
2015-2016 |
Online Media Campaign for Supporting SME Online Tool |
SME Online Tool |
€ 49,781.00 |
*The cost of the Switch your Bank campaign is fully recoupable by AIB and Permanent TSB in the context of their restructuring plans. These costs relate to a Public awareness campaign as part of a range of competition measures agreed with the European Commission to raise awareness and promote customer switching of financial products.
** During the IPO of AIB, my Department incurred a cost of €91,202.04 to publish a public information notice in the largest Irish broadsheet weekly and Sunday newspapers. The announcement related to the availability of AIB shares through a Retail Offering, and how interested investors could engage with intermediary stockbrokers if they wanted to place an order for shares. The costs related to this project were incurred by my Department but paid for by the NTMA and later recouped from AIB.
181. Deputy Brendan Smith asked the Minister for Finance the legislative proposals he plans to publish in relation to necessary insurance reform; and if he will make a statement on the matter. [48338/18]
View answerAs the Deputy is aware, the Cost of Insurance Working Group was established in July 2016 to identify and examine the drivers of the cost of insurance and to recommend short, medium and long term measures, legislative and otherwise, to address the issue of increasing insurance costs, taking account of the requirement for the need to ensure a financially stable insurance sector.
The Working Group published its Report on the Cost of Motor Insurance in January 2017 and made 33 recommendations, along with a detailed Action Plan. This was followed in January of this year with a Report on the Cost of Public and Employer liability Insurance which made 15 recommendations and included its own Action Plan. The Personal Injuries Commission, which was established on foot of a recommendation of the Motor Report, has itself also delivered two reports which make a further 14 recommendations aimed at positively impacting the overall Irish claims environment.
Across the reports, legislative steps were recommended in a number of areas. Progress on the legislative measures taken by my Department to date are detailed below.
- The Insurance (Amendment) Act 2018 was enacted in July 2018 as part of the Implementation of the Review of the Framework for Motor Insurance Compensation in Ireland;
- The Central Bank (National Claims Information Database) Bill 2018 was published in July and is currently being considered in the Oireachtas. It is scheduled to undergo Committee Stage on 29 November. This will also include proposed amendments to Section 8 and Section 14 of the Civil Liability and Courts Act 2004, following agreement with the Minister for Justice and Equality;
- The Insurance Distribution Directive was transposed in June 2018.
- The Department of Finance is also considering legislative measures in respect of Recommendation 8 of the Motor Report (developing a protocol for policyholders to be notified of claims made against them before settlement) and the equivalent recommendation from the EL/PL Report as this appears the only feasible solution to achieve the recommendation in the absence of an agreement with industry on a protocol.
- The report of the Cost of Insurance Working Group also makes legislative recommendations addressed to other Departments and Agencies, including:
- the enhancement of the powers of the Personal Injuries Assessment Board, through the PIAB (Amendment) (No. 2) Bill 2018, which completed Second Stage in the Dáil on 8 November;
- the Central Bank to consider amending the relevant regulations regarding communications between insurers and consumers, with regard to premium information and renewal notice periods. Consultations have concluded on this and the Bank is finalising its considerations in advance of proposing an amending statutory instrument;
- the consideration by the Department of Justice and Equality of measures necessary to implement Pre-Action Protocols for personal injury cases;
- the preparation of criminal justice legislation, if required, by the Department of Justice and Equality, to implement a fully functioning integrated insurance fraud database. It has not yet been established if legislation is required in this regard; and
- the requirement for insurance companies to provide the driver licence number as part of work to establish a fully functioning database to identify uninsured drivers, through a proposed amendment of the Road Traffic Act 2016, which is currently being considered by the Department of Transport, Tourism and Sport, as part of the broader review of the database work.
Finally, I would note that the recommendations of the Personal Injuries Commission, with regard to establishing the Judicial Council, will require the progression of the Judicial Council Bill 2017 through the Houses of the Oireachtas. This Bill, which is currently awaiting Committee Stage in Seanad Éireann, is a legislative priority for the Government. I am informed by the Department of Justice and Equality that the intention is to make significant progress towards the enactment of the Bill by the end of this year. The Minister for Justice and Equality and his Department are currently examining the form which an appropriate amendment to the Bill would take and the options in that regard.
Should the Deputy require further detail on the above, he should consult the Cost of Insurance Working Group’s seventh quarterly update which was published recently and is available on my Department’s website: https://www.finance.gov.ie/wp-content/uploads/2018/11/7th-Progress-Update-Q3-2018-Focus-003.pdf
182. Deputy Robert Troy asked the Minister for Finance if his attention has been drawn to the fact that when asked to act as a third party authority on behalf of constituents regarding banking issues, some banks requested a copy of this Deputy's driver licence or passport (details supplied); and if he will make a statement on the matter. [48389/18]
View answerI, as Minister for Finance, have no statutory role in relation to the matter referred to in the question and I was not aware of this issue.
Lending institutions in Ireland are independent commercial entities and operational matters are a matter for the Board and Management of each bank. It is up to the bank in question what identification they ask for when dealing with a third party or dealing with a Deputy on behalf of a constituent.
On the issue more generally, in the area of financial services legislation, section 33 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended (“the Act”), sets out obligations in relation to the identification and verification of customers and beneficial owners. Section 33(2) sets out the following measures that shall be applied by designated persons (which include banks and credit unions):
“(a) identifying the customer, and verifying the customer's identity on the basis of documents (whether or not in electronic form), or information, that the designated person has reasonable grounds to believe can be relied upon to confirm the identity of the customer, including -
(i) documents from a government source (whether or not a State government source), or (ii) any prescribed class of documents, or any prescribed combination of classes of documents;”.
It is important to note that the Act is not prescriptive as to what documentation and information a designated person must obtain, or the methods by which such documentation and information should be gathered, in order to comply with its customer due diligence obligations. A designated person may apply the measures that it deems appropriate in accordance with the designated person’s own risk based approach; however, the designated person must ensure that the measures applied adhere to the legislative requirements under the Act. The Act also requires designated persons to keep such documents or information used for the purpose of identification and verification up to date.
183. Deputy Michael McGrath asked the Minister for Finance the recourse open to persons in cases in which a decision of the Financial Services and Pensions Ombudsman has not been implemented by the financial services provider; the number of such cases in recent years; and if he will make a statement on the matter. [48402/18]
View answerFirstly, I must point out the Financial Services and Pensions Ombudsman (FSPO) is independent in the performance of his statutory functions. I have no role in the day to day workings of the office.
I have been advised by the FSPO that cases where a decision of the Ombudsman has not been implemented by the relevant financial services provider or pension provider are governed by Section 65 of the Financial Services and Pensions Ombudsman Act 2017. Section 65 (1) states that where a financial service provider or a pension provider fails or refuses to comply with a decision of the Ombudsman, within the period, or by the date, specified in the decision - the Circuit Court shall, on application to it on that behalf by:—
(a) the Ombudsman, as he or she sees fit, or
(b) the complainant in whose favour the decision was made,
make an order.
The Ombudsman has also informed me that his experience to date has been that non-compliance by providers to the terms of an FSPO decision is extremely rare. In the past 5 years, there are less than 5 examples of non-compliance of this nature.
184. Deputy Michael Moynihan asked the Minister for Public Expenditure and Reform when the Office of Public Works will commence works at a castle (details supplied); and if he will make a statement on the matter. [47793/18]
View answerLiscarroll Castle is a National Monument in State care and is maintained by the Office of Public Works.
Some works have already been undertaken at the Castle, most significantly, an abutting building (an old garage) has been removed. The next major task relates to the removal of the underground petrol storage tanks and this is being planned currently in conjunction with the Department of Culture, Heritage and the Gaeltacht, which is the legal owner of the property and which is responsible for providing the formal Ministerial Consent required under the National Monuments Acts before any work can be initiated.
There are a number of relevant factors to be considered before the project can be started, including archaeology and potential environmental pollution from the tank residue. Additionally however, there are signs of loose and unstable masonry at high levels of the Castle which is a significant health and safety concern and which needs to be resolved. The structure must be consolidated before substantial works on the tank removal can be undertaken. Currently, OPW is procuring a structural engineering consultant to advise on this aspect and to assist in developing a works solution.
Given competing priorities and limited resources available, it is not possible to say at this stage when work might commence on site, but it is hoped that significant progress will be made in 2019.
185. Deputy Barry Cowen asked the Minister for Public Expenditure and Reform the impact on the national development plan if the tendering process for the national broadband plan is cancelled and an alternative roll-out plan is initiated; the amount of extra resources that would be required for the national broadband plan; the body the savings would be obtained from within the national development plan resource allocations; and if he will make a statement on the matter. [47907/18]
View answerIt would not be appropriate to comment or speculate on the National Broadband Plan (NBP) at this juncture in advance of the Government having considered the matter.
The Department of Communications, Climate Action and Environment is currently evaluating the final tender received under the existing procurement process.
Separately, the Taoiseach has asked Mr Peter Smyth, the independent process auditor to the NBP procurement, to review the process. Mr. Smyth will submit a report to the Taoiseach and to the Minister for Communications, Climate Action and Environment. Mr Smyth's review is taking place in parallel with the evaluation being carried out by that Department’s procurement team on the final tender mentioned above.
