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Wednesday, 15 Jul 2020

Written Answers Nos. 87-98

Public Transport

Questions (87)

Duncan Smith

Question:

87. Deputy Duncan Smith asked the Minister for Transport, Tourism and Sport the measures that will be included in the July stimulus to enable taxi drivers return to work safely; and if he will make a statement on the matter. [16241/20]

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Written answers

I recognise that from the onset of the COVID-19 Emergency and the introduction of restrictions as part of the necessary public health response, passenger demand for taxis and other small public service vehicle (SPSV) services fell considerably and many operators stopped working.

Over the past few months, the National Transport Authority (NTA), which is the body under the aegis of my Department with responsibility for regulating the SPSV sector, has undertaken a number of measures to assist operators in the industry including fee waivers and facilitating temporary licence suspensions. It has published guidance to SPSV operators on topics including the cleaning of SPSVs and on how to reduce the risk of spreading COVID-19. This information is available on the NTA's website. 

No further support measures are planned at this time and the focus now is on assisting those who have stopped working to get back to work as the economy reopens and passenger demand for SPSVs returns. My Department is in regular contact with the NTA to monitor the impact that the reopening of the economy in line with the Government's Roadmap to Reopening Society and Business is having on demand for SPSV services and to ensure that SPSV operators who have temporarily stopped working are well placed to return to work.

School Transport

Questions (88)

Paul McAuliffe

Question:

88. Deputy Paul McAuliffe asked the Minister for Transport, Tourism and Sport if the cancellation of the school bus service between Finglas, Dublin 11, and a school (details supplied) will be reconsidered. [16243/20]

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Written answers

As Minister for Transport, Tourism and Sport I have responsibility for policy and overall funding in relation to public transport. The School Transport Scheme comes under the remit of my colleague the Minister for Education and Skills. Bus services outside of that scheme are part of the overall public transport sector. Day-to-day management and operational aspects of public transport are the responsibility of the individual operators, in this case Dublin Bus, in conjunction with the National Transport Authority (NTA).

Accordingly, I have forwarded the Deputy's questions to Dublin Bus for direct reply. Please advise my private office if you do not receive a response within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51.

Driver Test

Questions (89)

Paul Kehoe

Question:

89. Deputy Paul Kehoe asked the Minister for Transport, Tourism and Sport the guidance available for driving instructors for a safe return to work; and if he will make a statement on the matter. [16265/20]

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Written answers

The National Public Health Emergency Team (NPHET), a team of national experts, advised Government when it decided to include driving schools on the list of businesses cleared to reopen on 29 June.

In anticipation of the resumption of driver testing on that same date, the Road Safety Authority (RSA) wrote to each Approved Driving Instructor on 22 June, advising them of the planned phased return of driver testing. The Authority included a series of Frequently Asked Questions, which provided details of the protocols being applied to driver testing in order to comply with health requirements in line with Government's Protocol on Returning to Work Safely. These protocols may assist driving instructors in taking the necessary measures resuming their business safely.

The RSA cannot, however, dictate to driving schools how they should run their business and nor cannot it issue medical advice. It is up to each driving instructor or driving school to protect themselves, their families and communities by adhering to the official Government guidelines on hygiene and social distancing.

I understand that any business which reopens is subject to inspection by Health and Safety Authority (HSA) and may face serious sanctions, including closure, if found to be not in compliance with Covid-19 requirements.

Tax Reliefs

Questions (90)

Brendan Griffin

Question:

90. Deputy Brendan Griffin asked the Minister for Finance the tax exemption cut-off age for a young farmer (details supplied); and if he will make a statement on the matter. [16222/20]

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Written answers

I understand that the Deputy is referring to the stamp duty relief for transfers of land to young trained farmers.

The young trained farmers stamp duty relief, which is currently due to expire on 31 December 2021, provides a full exemption from stamp duty on transfers of farm land to certain young trained farmers.

Section 81AA of the Stamp Duty Consolidation Act 1999 (SDCA 1999) provides for the stamp duty exemption in legislation. Amongst the eligibility tests for the relief set out in that section is an age limit, whereby the transferee (the person coming into possession of the land) must be under 35 years of age on the date of execution of the deed of transfer of the land.

As well as satisfying the age requirement, to qualify for this relief the farmer must have attained a minimum agricultural education standard which is set out on a list of qualifications in Schedule 2B of the SDCA 1999. The young trained farmer, or each of them if there is more than one must retain ownership of the land for a period of 5 years from the date of execution of the instrument and during that time must devote not less than 50 per cent of his or her normal working time to farming the land. The exemption granted will be clawed back if the land is disposed of within a five-year period and is not replaced within one year of disposal. The transfer can be by gift or sale, but transfers by lease do not qualify for the stamp duty exemption. The young trained farmer must also submit a business plan to Teagasc before the execution of the deed transferring the land.

Tax Code

Questions (91)

Fergus O'Dowd

Question:

91. Deputy Fergus O'Dowd asked the Minister for Finance if matters raised in correspondence by a person (details supplied) regarding the reduction or removal of VAT on medical grade masks for the term of the Covid-19 pandemic will receive a response; and if he will make a statement on the matter. [16150/20]

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Written answers

The European Commission Decision C(2020)2146, adopted on 3 April 2020, provides for the importation of goods to fight the effects of COVID -19 (including personal protective equipment) from outside the European Union without the payment of VAT or Customs Duty from January 2020. Such relief is permitted where the goods are imported by or on behalf of State bodies, public bodies and other bodies governed by public law, disaster relief agencies and organisations approved by Revenue including organisations regulated by the State and involved in the care, support and treatment of people at risk of COVID-19 and there is no scope to extend this. The goods must be distributed or made available free of charge to the persons affected by or at risk from or involved in combating the COVID-19 outbreak by the bodies and organisations referred to above. The relief is scheduled to end on 31 July 2020 but there is provision for an extension if this is required following a review and consultation with Member States. An extension of 3 months is currently being considered.

Following a request from my Department, Revenue has also implemented, on an administrative basis, the application of the zero rate of VAT to the domestic supply of certain goods as necessary to combat COVID-19 (including personal protective equipment) when supplied to hospitals, nursing homes, GP practices and the like, for use in the delivery of COVID-19 related health care services to their patients. This concessionary treatment will apply until 31 July, subject to review. The scope of the relief corresponds with the relief on the importation of these goods by the bodies specified in the Commission Decision.

Any further extension of zero rating to cover supplies of personal protection equipment would require a change in legislation at EU level; the VAT Directive would not permit a legislative measure for the application of the zero rate of VAT to such supplies and there are no grounds in the Commission Decision that would support the adoption of such a measure, even on a temporary basis.

Banking Sector Staff

Questions (92)

Paul McAuliffe

Question:

92. Deputy Paul McAuliffe asked the Minister for Finance the steps he will take in respect of the situation of persons (details supplied). [16242/20]

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Written answers

As you will be aware both officials and myself have engaged and will continue to engage extensively with the Banking and Payments Federation (BPFI) and the banks directly in relation to supports for personal and business customers affected by the COVID-19 crisis. Officials in my Department are alert to issues raised directly by the public and these inform the Department’s ongoing engagement process and policy formation.

The Temporary Wage Subsidy Scheme is one of the main tools with which we are protecting the income of employees who otherwise would not be working. However, whilst I acknowledge the seriousness of the issue you have raised and its impact on those affected, what I cannot do is mandate how temporary payments received under the Temporary Wage Subsidy Scheme are treated in lending sustainability evaluations by regulators and lenders.

As Minister for Finance I cannot mandate or overrule the internal risk assessment processes in any bank, even one in which the State has a shareholding. Furthermore I am specifically precluded from intervening in the case of any individual customer with any bank, even one in which the State has a shareholding. Decisions in this regard are the sole responsibility of the board and management of the banks which must be run on an independent and commercial basis. The independence of banks in which the state has a shareholding is protected by Relationship Frameworks which are legally binding documents that cannot be changed unilaterally. These frameworks, which are publicly available, were insisted upon by the European Commission to protect competition in the Irish market.

Furthermore the banking crisis we faced over ten years ago was fuelled by unsustainable lending. There are now thankfully far firmer regulatory controls and restrictions on lenders. Speaking on this particular issue, on 7 May the Governor of the Central Bank publicly noted that if an individual borrower’s circumstances have changed such that doubt is cast over the sustainability of potential borrowing, it is in the best interests of the borrower and the bank if the situation is reviewed.

The European Union (Consumer Mortgage Credit Agreements) Regulations 2016 (CMCAR) apply here. These mandate that before concluding a mortgage credit agreement, a lender must make a thorough assessment of the consumer’s creditworthiness. That assessment must take appropriate account of factors relevant to verifying the prospect of the consumer being able to meet his or her obligations under the credit agreement. The CMCAR also provide that a lender should only make credit available to a consumer where the result of the creditworthiness assessment indicates that the consumer’s obligations resulting from the credit agreement are likely to be met in the manner required under that agreement. The assessment of creditworthiness must be carried out on the basis of information on the consumer’s income and expenses and other financial and economic circumstances which is necessary, sufficient and proportionate.

In addition, the Central Bank’s Consumer Protection Code 2012 imposes ‘Knowing the Consumer and Suitability’ requirements on lenders. Under these requirements, lenders are required to assess affordability of credit and the suitability of a product or service based on the individual circumstances of each borrower.

This overall regulatory framework means a decision to grant or refuse an individual application for mortgage credit is a commercial decision to be made by the regulated entity. Where a formal loan offer is made by a lender, the loan offer may contain a condition that may allow the lender to withdraw or vary the offer if in the lender’s opinion there is any material change in circumstances prior to drawdown. In such cases, the decision to withdraw or vary the loan offer is also a commercial decision for the lender.

These overlapping and complementary regulations are designed to protect consumers, prevent risky unsustainable lending, protect the integrity of the financial system and preserve competition in the market.

Caiteachas Gaeilge agus Gaeltachta

Questions (93)

Catherine Connolly

Question:

93. D'fhiafraigh Deputy Catherine Connolly den Aire Cultúir, Oidhreachta agus Gaeltachta mionsonraí a thabhairt faoi cén fáth go ndearna an Stát Iarratas Pleanála (Uimhir Thagartha: 20683) i mBéarla amháin chuig Comhairle Contae na Gaillimhe i dtaobh Auqaculture Business Park a thógáil i nGaeltacht Chonamara; agus an ndéanfaidh sí ráiteas ina thaobh. [16274/20]

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Written answers

Tá Páirc na Mara, páirc nuálaíochta muirí íseal-charbóin nua-aimseartha aitheanta mar cheann de thionscnaimh straitéiseacha Údarás na Gaeltachta chun fás san earnáil mara a chur chun cinn agus chun fás eacnamaíoch agus fostaíochta i gceantar tuaithe a chumasú. Le dhá bhliain go leith anuas, i gcomhairle le páirtithe straitéiseacha, tá obair agus infheistíocht shuntasach déanta ag Údarás na Gaeltachta chun pleananna a chur i dtoll a chéile chun an pháirc nuálaíochta muirí chomhaimseartha seo a fhorbairt. Mar chuid den obair seo, thug feidhmeannaigh Údarás na Gaeltachta faoi phróiseas cuimsitheach comhairliúcháin agus eolais le pobal an cheantair ina bhfuil sé beartaithe Páirc na Mara a lonnú, próiseas ina raibh an Ghaeilge go hiomlán chun cinn idir chruinnithe, ábhar foilsithe eolais agus idirghníomhaíocht.

Fostaíodh comhairleoirí neamhspleácha innealtóireachta chun an t-iarratas pleanála do Pháirc na Mara a réiteach thar ceann Údarás na Gaeltachta, ó tharla ard-leibhéal speisialtóireachta a bheith i gceist leis an iarratas. Tá deimhnithe ag Údarás na Gaeltachta dom gur i nGaeilge amháin a bhíonn iarratais phleanála a ullmhaíonn feidhmeannaigh an Údaráis féin, ach sa chás seo, nach raibh an cumas sin ag na comhairleoirí sainréimse a bhí i mbun iarratas pleanála Pháirc na Mara. Aithníonn Údarás na Gaeltachta gur chóir treoir shonrach a bheith tugtha do na comhairleoirí an t-iarratas pleanála a bheith déanta i nGaeilge, ainneoin speisialtóireacht an ábhair, agus táthar anois i mbun athbhreithniú maidir leis an gcóras a bhaineann le tríú páirtí a bheith i mbun iarratas pleanála thar ceann na heagraíochta.

Tá an fhorbairt seo lárnach i ngnímhphlean chúig bliana Iorras Aithneach, a d’fhorbair Údarás na Gaeltachta i bpáirtnéireacht leis an bpobal áitiúil, chun an ceantar Gaeltachta seo a fhorbairt, le dul i ngleic le dúshláin dífhostaíochta agus imirce agus le tógáil ar na hacmhainní suntasacha atá sa gceantar - lena n-áirítear acmhainní mara ach go háirithe.

Local Authority Housing

Questions (94)

Catherine Murphy

Question:

94. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the original cost of each project, grant aid and projected output for each project in respect of LIHAF; the revisions to same; the date of each; the amount of grant aid paid out to each project; the delivery of housing units per project to date; the discount given to each purchaser for each of the past four years to date in 2020; the number of departmental officials by grade working on LIHAF in each of the past four years to date; the details of staff that have left the section over that time in tabular form; and if he will make a statement on the matter. [16183/20]

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Written answers

As an initiative of the Rebuilding Ireland Action Plan for Housing and Homelessness, the Local Infrastructure Housing Activation Fund (LIHAF) is primarily designed to fund the provision of public off-site infrastructure to relieve critical infrastructure blockages and enable housing developments to be built on key sites at scale.

In 2018, 30 projects received final LIHAF approval with an overall budget of €195.7m, of which €146.8m will be Exchequer funded, with the remainder funded via local authorities. Of the 30 projects, Kildare County Council has confirmed that its project on the Naas Inner Relief Road will not now progress, although the Council has confirmed that an element of the housing delivery that was associated with the project has taken place.

Details of the project approvals by local authority area, budget allocation, project description and projected housing delivery associated with the funded infrastructure are available at www.rebuildingireland.ie/LIHAF.

Initial funding was based on estimated costs at the time of application. Following site investigations planning processes, detailed design and the procurement processes, additional Exchequer funding has been approved for a number of projects detailed in the table below to support the final costs of these projects. In all cases increased funding has been matched by increased levels of funding provided by the local authority and/or developer in question.

Local Authority

Project Name

Supplementary Funding €

Cork City

Old Whitechurch Road

824,000

Fingal

Oldtown Mooretown

333,000

Fingal

Baldoyle Stapolin

2,000,000

Kilkenny

Western Environs

1,475,532

Currently, 3 LIHAF projects have completed infrastructure construction. Of the remaining 26, up to the end of June (and excluding the discontinued Naas project), 14 projects have been approved to go to, or are already at, infrastructure construction stage. Of the remaining 12 projects, 1 is expected to have tender approval and commence construction before the end of Q4 2020. Eleven local authorities have indicated they are not yet ready to go to infrastructure tender stage which is required in order to receive approval to proceed to construction. My Department is reviewing these projects and considering requests from local authorities for extensions to the funding agreements as and when they arise.

The following table below details LIHAF projects that have received a time extension:

Local Authority

Project name

Time Extension

Cork County

Midleton (Water-Rock)

to Q2 2023

Cork City

Glanmire

to Q2 2021

Meath

Ratoath

to Q3 2022

Meath

Farganstown

to Q4 2023

In terms of LIHAF funding drawdown, thus far, the actions by local authorities on most infrastructure projects have been concentrated in the design, planning and procurement stages, and the bulk of expenditure will arise during the construction phase. This is reflected in the level of expenditure to end June 2020, with approximately €39.285 million in Exchequer funds drawn down, matched by a further 25% local authority funding, bringing the total expenditure to €52.380m. The following table details the exchequer funding drawn down, broken down by local authority, up to end of June 2020.

Local Authority

Project name

Drawdown of LIHAF funding Exchequer Contribution to end of June 2020 (€)

Clare

Claureen, Ennis

157,919

Cork City

Old Whitechurch Road

5,522,959

Cork City

South Docks

714,798

Cork City

Glanmire

490,751

Cork County

Midleton (Water-rock)

358,044

Cork County

Carrigaline

450,000

Dublin City

Dodder Bridge

473,487

Dublin City

Belmayne and Clongriffin

325,710

Dun Laoghaire Rathdown

Cherrywood

2,738,281

Dun Laoghaire Rathdown

Woodbrook Shanganagh

0

Dun Laoghaire Rathdown

Clay Farm

0

Fingal

Donabate Distributor Road

10,780,000

Fingal

Oldtown Mooretown

2,724,266

Fingal

Baldoyle Stapolin

274,561

Kildare

Naas

470,190

Kildare

Maynooth

390,556

Kildare

Sallins

654,584

Kilkenny

Ferrybank

225,435

Kilkenny

Western Environs

4,267,655

Limerick

Mungret

2,010,471

Louth

Newtown Drogheda

88,577

Louth

Mount Avenue Dundalk

172,945

Meath

Ratoath

814,063

Meath

Farganstown, Navan

1,953,988

South Dublin

Kilcarbery/Corkagh Grange

818,081

South Dublin

Clonburris SDZ

23,658

South Dublin

Adamstown

753,735

Waterford City and County Council

Gracedieu

112,234

Waterford City and County Council

Kilbarry

1,435,797

Westmeath

Brawny Road, Athlone

82,500

In terms of the delivery of homes associated with LIHAF infrastructure projects, the table below details the number of completed homes up to Q4 2019. Figures in respect of Q1 2020 are currently being collated. Prior to the onset of the COVID-19 emergency, local authorities had estimated that a further 4,000 homes would be delivered in 2020. It is not yet clear what impact the pandemic will have on LIHAF delivery. The individual sales price of each home delivered following the construction of the LIHAF facilitating infrastructure is not available in my Department.

Local Authority

Project Name

Residential Units Delivered to Date

Social/Part V

Cost Reduced/More Affordable

Cork County

Carrigaline

180

0

0

Fingal

Oldtown/Mooretown

379

8

211

Kildare

Naas

190

15

150

Meath

Ratoath

106

2

10

South Dublin

Adamstown SDZ

1,202

120

459

Cork City

Glanmire

13

0

3

Fingal

Donabate

66

0

66

Limerick

Mungret

26

0

26

Total

2,162

145

925

LIHAF has been administered within the Capital Infrastructure Unit of my Department since March 2019. It was previously managed under the Planning Programme Management Office section. Staff allocated to work on LIHAF also have other responsibilities beyond the management of the LIHAF programme alone.

Local Authority Housing

Questions (95, 96)

Joe Carey

Question:

95. Deputy Joe Carey asked the Minister for Housing, Planning and Local Government if privately owned lands, some of which may have the benefit of planning permission, will be included in addition to public lands within the new affordable housing scheme; his views on whether the inclusion of such lands would speed up the delivery of much-needed affordable houses; and if he will make a statement on the matter. [16186/20]

View answer

Joe Carey

Question:

96. Deputy Joe Carey asked the Minister for Housing, Planning and Local Government the funding mechanism that will be used to allow local authorities or AHBs subsidise the price of affordable homes in private developments; and if he will make a statement on the matter. [16187/20]

View answer

Written answers

I propose to take Questions Nos. 95 and 96 together.

This Government is absolutely committed to ensuring that affordable, quality housing is available to everyone in Irish society and this is reflected in the Programme for Government "Our Shared Future" which commits to putting affordability at the heart of our housing system and delivering 50,000 social housing homes.

My initial focus is on sustaining the progress made in terms of the response to homelessness during the Covid-19 pandemic and ensuring maximum delivery under the social housing programme, in light of the impact of Covid.

I will outline my detailed plans for affordable housing in the Autumn. In doing so I will take account of the measures already underway, such as: the Serviced Site Fund; the Help to Buy Scheme and the Rebuilding Ireland Home Loan. I will also consider, measures in development, such as the Affordable Home Purchase and Cost Rental Schemes.

Finally, in this context, I am consulting with key stakeholders and delivery partners, to examine and identify potential options for the acceleration and expansion of the delivery of the affordable housing programme.

International Sanctions

Questions (97, 98)

Thomas Pringle

Question:

97. Deputy Thomas Pringle asked the Minister for Foreign Affairs and Trade his views on whether the unilateral sanctions of illegal and unilateral coercive measures imposed by the Unites States of America on Venezuela specifically are a significant cause of hardship to the civilian population and directly cause unnecessary deaths; and if he will make a statement on the matter. [16266/20]

View answer

Thomas Pringle

Question:

98. Deputy Thomas Pringle asked the Minister for Foreign Affairs and Trade his views on whether the unilateral sanctions imposed by the Unites States of America on Venezuela have caused considerable disruption to the economy in Venezuela with knock-on consequences for the civilian population; and if he will make a statement on the matter. [16267/20]

View answer

Written answers

I propose to take Questions Nos. 97 and 98 together.

I have expressed my deep concern on numerous occasions regarding the grave humanitarian crisis in Venezuela, where needs are very acute. The situation there is particularly critical in the context of the serious impact of the COVID-19 pandemic on the country.

Ireland supports the EU statement issued on 3 April that underlines the need for all actors in Venezuela to come together and find a united means to address the coronavirus emergency, for the benefit of the Venezuelan people. It highlights that the EU will continue, and will reinforce, its assistance to the people of Venezuela to help address the coronavirus pandemic, as well as the pre-existing humanitarian needs.

Ireland supports the call for international solidarity in light of the COVID-19 pandemic. I fully support the calls by the UN Secretary-General and by the EU High Representative Josep Borrell for sanctions régimes to be applied in such a way as not to hinder the provision of essential equipment and supplies to fight COVID-19 and limit its spread.

It is important that humanitarian exemptions provided for under UN and EU sanctions regimes are fully availed of and applied in an appropriate and timely manner in light of the current emergency. Through the use of these exemptions, Ireland, as an EU Member State, will play its part to ensure that sanctions do not impede efforts in the global response to COVID-19.

Ireland also joins the UN Secretary-General in urging countries with unilateral sanctions regimes to ensure that these sanctions do not in any way hinder the fight against COVID-19 or impede humanitarian assistance from reaching the most vulnerable.

I was pleased that Ireland was able to take part in the International Donors Conference in solidarity with Venezuelan migrants and refugees in the midst of COVID-19 that took place on 26 May, co-hosted by Spain and the EU and convened in collaboration with the UN High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM). Ireland pledged €1 million to the UNHCR and IOM Regional Response Plan for Venezuelan migrants and refugees.

Ireland continues to believe that only a peaceful, democratic solution to the political, economic and social crisis in the country will offer the people of Venezuela a return to stability and prosperity. I will continue to monitor the situation in the country closely and engage with EU and other colleagues on this important issue.

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