Written Answers Nos. 35-54
35. Deputy Dara Calleary asked the Minister for Transport the waiting time for a first driver test by centre; the measures he is taking to address the delays; and if he will make a statement on the matter. [31799/20]
View answerSpecific details on the number of persons awaiting a driver test at each centre is held by the Road Safety Authority. I have therefore referred this part of the question to the Authority for direct reply. I would ask the Deputy to contact my office if a response has not been received within ten days.
My Department is remaining in close contact with the RSA who are examining ways of increasing the number of tests within the current health constraints. I am pleased to say, my Department has already given approval to the RSA to retain 18 driver testers on temporary contracts due to expire in October and November, and to rehire up to 19 testers whose contracts expired in May. The authority is also examining the recruitment and training of new driver testers. However, I would like to stress that many of the issues impacting on the delivery of service are concerned with the throughput of centres themselves in light of the restrictions, rather than on the availability of staff.
The RSA are also looking at a number of other measures, including whether the number of tests a driver tester can perform each day can be increased and scheduling additional overtime tests, including testing on Saturdays to increase capacity.
A referred reply was forwarded to the Deputy under Standing Order 51
36. Deputy Louise O'Reilly asked the Minister for Transport if he will examine solutions such as ultra-cabins and groundhogs to allow the State’s 1,700 driver instructors access to hygiene and sanitation facilities at driver test centres; and if he will make a statement on the matter. [31835/20]
View answerAs this is a matter for the Road Safety Authority I have referred the Deputy's question to the Authority for direct response. Please contact my office if no reply is received within ten working days.
37. Deputy Louise O'Reilly asked the Minister for Transport if a compromise will be found that will ensure that driver test instructors are provided with adequate bathroom facilities and sanitisation facilities at driver test centres as a precaution to combat the spread of Covid-19. [31836/20]
View answerIn accordance with the provisions of the Road Safety Authority Act 2006, as enacted by the Oireachtas, this is an operational matter for the Road Safety Authority (RSA) and it would therefore not be in accordance with the legislation if I were to issue instructions on such a matter. I have therefore referred the matter to the Authority for direct reply. I would ask the Deputy to contact my office if a response has not been received within ten days.
38. Deputy Catherine Connolly asked the Minister for Transport further to Parliamentary Question No. 73 of 9 September 2020, the status of the review; when the review will be published; and if he will make a statement on the matter. [31868/20]
View answerI understand that further to Parliamentary Question No. 73 of 9 September 2020, an inital draft review has been completed. This is now being considered within the Coast Guard. I have been advised that this process will take another week to ten days to complete. Details of the incident have been provided already to the Deputy in the previous PQ. The mentioned review is a normal internal procedure conducted as part of the IRCG's continuous improvement system to identify lessons learnt. There is no plan to publish the review. However any significant lessons will be followed up with the relevant parties.
39. Deputy Patrick O'Donovan asked the Minister for Transport his plans to reopen closed railway stations on existing lines that are operational and if he will make a statement on the matter. [31878/20]
View answerAs Minister for Transport, I have responsibility for policy and overall funding relating to public transport. However, I am not involved in the operation of public transport.
The issue raised is a matter for the National Transport Authority (NTA) in conjunction with Iarnród Éireann. I have therefore referred the Deputy's question to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.
40. Deputy Darren O'Rourke asked the Minister for Transport if driver instructors are considered essential workers under level 4 of the Plan for Living with Covid-19; if driver tests can take place under level 4; and if he will make a statement on the matter. [31889/20]
View answerThe Minister for Health is responsible for the regulations regarding public health restrictions under the Public Health Act in relation to COVID-19.
I am advised by my colleague the Minister for Health that, under the latest provisions namely Statutory Instruments Numbers 442 and 443 of 2020, there will continue to be driving tests for those involved in providing essential services, including in those counties subject to Level 4 restrictions. Driving instruction will continue but only in circumstances where the learner has already a test booked.
The Government and I will continue to review the provision of all public services and related operations, including those relating to road safety, in light of all public health requirements, including COVID-19 control, road safety and others.
41. Deputy Brendan Smith asked the Minister for Transport if funding will be provided to progress a project (details supplied) in 2021; and if he will make a statement on the matter. [32062/20]
View answerAs Minister for Transport, I have responsibility for overall policy and securing Exchequer funding in relation to the National Roads Programme. Once funding arrangements have been put in place with Transport Infrastructure Ireland (TII), under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the planning, design and construction of individual national roads is a matter for TII, in conjunction with the local authorities concerned. This is also subject to the requirements of the Public Spending Code Guidelines and necessary statutory approvals. In this context, TII is best placed to advise on the current status and funding of this proposed project, pending also the Government's proposed review of the NDP.
Noting the above position, I have referred your question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.
A referred reply was forwarded to the Deputy under Standing Order 51
42. Deputy Jackie Cahill asked the Minister for Finance if track bookmakers can qualify for supports under the Covid-19 restrictions support scheme; and if he will make a statement on the matter. [31802/20]
View answer44. Deputy Aengus Ó Snodaigh asked the Minister for Finance if the Covid-19 restrictions support scheme will be available for businesses such as those in the live events, arts and entertainment sectors that do not own their own premises. [31991/20]
View answer45. Deputy Gary Gannon asked the Minister for Finance if travel agencies qualify for the CRSS [32069/20]
View answer46. Deputy Gary Gannon asked the Minister for Finance if businesses closed during level 1 and level 2 qualify for the CRSS and payment breaks; and if he will make a statement on the matter. [32070/20]
View answer51. Deputy Catherine Murphy asked the Minister for Finance if he will provide a schedule of businesses and sectors that qualify for CRSS scheme. [31839/20]
View answer53. Deputy Michael McNamara asked the Minister for Finance if travel agents qualify for the Covid restrictions support scheme; and if he will make a statement on the matter. [31847/20]
View answer56. Deputy Imelda Munster asked the Minister for Finance if Irish licensed travel agents fall within the remit of the CRSS; and if he will make a statement on the matter. [31860/20]
View answer59. Deputy Steven Matthews asked the Minister for Finance if he will provide clarity with regard to the new CRSS scheme; and if there is flexibility in the qualifying criteria which refers to annual turnover of less than €2 million to reflect businesses such as travel agents that may have significant turnover but the vast majority contributes to other business endeavours rather than their own. [31902/20]
View answer62. Deputy Niall Collins asked the Minister for Finance if he will address a matter in relation to the Covid restrictions support scheme (details supplied); and if he will make a statement on the matter. [31939/20]
View answerI propose to take Questions Nos. 42, 44, 45, 46, 51, 53, 56, 59 and 62 together.
The details of the Covid Restrictions Support Scheme (CRSS) will be set out in the Finance Bill due to be published this week. The CRSS is a targeted support for businesses significantly impacted by restrictions introduced by the Government under public health regulations to combat the effects of the Covid-19 pandemic.
The support will be available to companies and self-employed individuals who carry on a trade or trading activities from a business premises located in a region subject to restrictions, introduced in line with the Living with Covid-19 Plan, with the result that the business is required to prohibit or considerably restrict customers from accessing their business premises. Generally, this refers to Covid restrictions at Level 3, 4 or 5 of the Government’s Plan for Living with Covid-19 but certain businesses may qualify for the support where lower levels of restrictions are in operation.
Where, as a result of the restrictions, a company or a self-employed individual is either forced to temporarily close their business, or their business is required to operate at significantly reduced levels, they will qualify for support under the scheme. Certain other conditions will apply, including that the person has a tax clearance certificate.
Qualifying businesses will be able to make a claim to Revenue under the CRSS for a cash payment, which will be known as an “Advance Credit for Trading Expenses” (“ACTE”). The ACTE will provide an immediate cash support to businesses. The amount of the ACTE will be based on an amount equal to 10% of the average weekly turnover of the business in 2019 (or in the case of new businesses, the average weekly turnover in 2020) up to €20,000 and 5% thereafter, subject to a maximum weekly payment of €5,000.
All eligible businesses can claim the support irrespective of their turnover levels, but the amount of the ACTE cannot exceed the lower of the amount based on 10%/5% of the relevant weekly turnover or €5,000 per week.
Where businesses ordinarily operate from a business premises (generally a building) located in a region for which restrictions are in operation, they may qualify under the scheme provided they meet the eligibility criteria, including the requirement that customers are either prohibited, or significantly restricted, from accessing their business premises to purchase goods or services due to the specific terms of the Covid restrictions announced by Government. It is not sufficient that the trade of a business, such as a travel agency, has been impacted because of a reduction in customer demand as a consequence of Covid-19, or that the business supplies goods or services to another business that qualifies for the support because, under the Covid restrictions, that other business is required to temporarily close, or significantly reduce, its activity.
Where a business does not ordinarily operate from a fixed business premises located in a region that is subject to restrictions, as in the case of a track bookmaker, that business will not meet the eligibility criteria. Similarly, a business that does not ordinarily operate from a fixed business premises, but rather provides goods and services in connection with live events and shows held across a range of venues, will also not be eligible under the scheme. A business that does ordinarily operate from a music or entertainment venue (for example, a company that operates a theatre) located in a region subject to restrictions, and who meets the eligibility criteria, will however be able to claim support under CRSS.
Companies and self-employed workers who do not qualify under this scheme may be entitled to support under various measures put in place by Government, including the range of measures announced as part of Budget 2021 to support live entertainment in 2021, and existing supports available under the COVID Pandemic Unemployment Payment (PUP) and the Employment Wage Subsidy Scheme (EWSS). They may also be eligible to warehouse VAT and PAYE (Employer) debts and also excess payments received by employers under the Temporary Wage Subsidy Scheme, and the balance of Income Tax for 2019 and Preliminary Tax for 2020 for self-assessed taxpayers if applicable.
43. Deputy Aengus Ó Snodaigh asked the Minister for Finance if self-employed workers will be eligible for the warehousing of tax announced in budget 2021. [31990/20]
View answerIn my Budget speech, I announced that I would provide for an extension of the tax warehousing scheme to include the 2019 balance and 2020 preliminary tax obligations for self-assessed taxpayers .
I specifically referred to self-employed people who have suffered a significant drop in income and will struggle to pay their 2019 balance and preliminary tax for 2020.
The details of the expanded debt warehousing provisions will be set out in the Finance Bill due to be published later this week. I can confirm that this will include arrangements to allow self-assessed taxpayers whose income has been adversely affected by Covid-19 restrictions to defer payment for a period of a year with no interest applying; 3 per cent will apply thereafter and there will be no surcharge.
47. Deputy Imelda Munster asked the Minister for Finance the position regarding the status of the planned changes to the retail export scheme including changes to the spending threshold; and if he will make a statement on the matter. [31778/20]
View answer55. Deputy Brendan Griffin asked the Minister for Finance if he will address a matter (details supplied); and if he will make a statement on the matter. [31856/20]
View answerI propose to take Questions Nos. 47 and 55 together.
I have previously outlined the rationale for the changes proposed to the VAT Retail Export Scheme. This scheme enables visitors who are resident outside the EU to benefit from VAT relief on goods purchased in Ireland and subsequently taken outside of the EU. If the scheme applies to UK visitors post-Brexit without changes UK visitors will be able to buy goods VAT free in Ireland.
This could give rise to a considerable displacement of consumer purchases, resulting in significant VAT revenue losses, as purchases by UK visitors in Ireland would not produce any VAT revenues. Due to the volume of passenger movements between the UK and Ireland, the volume of refund applications is likely to significantly increase which simultaneously heightens the risk of abuse of the Retail Export Scheme post Brexit.
As I have previously advised, the measures in the Bill are precautionary and aim both to minimise the potential for abuse of the scheme and to reduce the possibility of diversion in retail consumption from Ireland to the UK, post Brexit.
The amended legislation proposed in the General Scheme of the Brexit Omnibus Bill 2020 provides for two elements to restrict the scheme. The first is a new requirement of proof of importation of the goods into the UK and the associated proof of payment, where applicable, of relevant UK VAT and duties, for the goods purchased under the scheme in order to qualify for a refund. The second is to provide that the value of qualifying goods must exceed €175 in value in order to be eligible for a refund under the scheme. This change is fully compatible with EU law and is in line with the EU VAT Directive. The monetary limit will apply in respect of all third country travellers who apply for a refund under the scheme, post commencement of the relevant sections.
The Ireland/Northern Ireland Protocol ensures that there will be no VAT Retail Export Scheme between Ireland and Northern Ireland. Any changes to the operation of the scheme will of course be kept under review by Revenue.
48. Deputy Jennifer Carroll MacNeill asked the Minister for Finance his plans to ensure the availability of life insurance for persons in situations in which due to a change in policy by a provider, older persons are unable to secure a new life insurance policy due to their age, such as in the case of a person (details supplied); and if he will make a statement on the matter. [31789/20]
View answerAt the outset, while I have an appreciation of the difficulties individuals may find themselves in as outlined in the Deputy's question neither I, as the Minister for Finance, nor the Central Bank of Ireland can interfere in the provision or pricing of insurance products or have the power to direct insurance companies to provide cover to specific individuals or businesses. This position is reinforced by the EU framework for insurance (the Solvency II Directive) which expressly prohibits Member States from doing so. Consequently, I am not in a position to direct insurance companies as to how they price their policies or what terms and conditions they apply in those policies.
Regarding the specific issue that the Deputy refers to, I understand that the credit union in question has recently made some changes to their insurance products for members. Ultimately, the provision of such insurance is a commercial matter for the credit union in question as it would be for any other financial service provider.
With regard to life insurance, it is my understanding that insurers use a combination of rating factors in making their individual decisions on whether to offer life insurance, and what terms to apply. These factors can include age, health, family medical history, occupation and lifestyle. In addition, these may be determined or linked to the policy duration. Furthermore, 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, and that they will price in accordance with their own past claims experience.
In situations where a person is not satisfied that they are being treated fairly by a financial services provider, including a credit union, it is advisable that that person make a complaint to the provider's internal complaint resolution process. The Consumer Protection Code requires that, if after 40 days the complaint has not been resolved to the customer’s satisfaction, the regulated entity must inform the consumer that they may refer their complaint to the Financial Services and Pensions Ombudsman (FSPO). The FSPO is a statutory official who acts as an independent arbiter of disputes which consumers may have with their insurance company or other financial service provider and can be contacted either by email at info@fspo.ie or by telephone at 01-567-7000. Investigations are free of charge to the complainant.
49. Deputy Cormac Devlin asked the Minister for Finance if the State Claims Agency has carried out an assessment of the effectiveness of the operation of the panels of barristers maintained by the State Claims Agency; the criteria by which barristers on the panel are selected or nominated to receive briefs or instructions from the State Claims Agency; when it is planned to hold the next competition or tender process for the State Claims Agency barrister panel; and if he will make a statement on the matter. [31795/20]
View answerI am informed by the State Claims Agency (SCA) that barrister panels for the provision of services to the SCA were put in place in January 2014, following a procurement process. Briefs are awarded to barristers on the panels based on a number of factors, including the complexity and nature of the case, the relevant Court jurisdiction, the barrister’s skills and experience in the relevant area of law, their fee level, etc.
The SCA is currently finalising a process for the putting in place of new barrister panels. It is expected that details in this regard will be announced shortly.
50. Deputy Richard Bruton asked the Minister for Finance if legal issues have arisen following a court case in respect of primary medical certificates; his plans to rectify the issue in a timely way in order that eligible persons are not adversely affected; and if he will make a statement on the matter. [31797/20]
View answer61. Deputy Niall Collins asked the Minister for Finance if he will provide an update on a grant (details supplied); and if he will make a statement on the matter. [31938/20]
View answer69. Deputy Cian O'Callaghan asked the Minister for Finance his views on the call by an association (details supplied) to reverse the suspension on the primary medical certificate; if his attention has been drawn to the impact suspending this scheme will have on those affected; and if he will make a statement on the matter. [32051/20]
View answerI propose to take Questions Nos. 50, 61 and 69 together.
The Disabled Drivers & Disabled Passengers Scheme provides relief from VRT and VAT on the purchase and use of an adapted car, as well as an exemption from motor tax and an annual fuel grant. The cost of the scheme in 2019, excluding motor tax, was €72m.
The Scheme is open to severely and permanently disabled persons as a driver or as a passenger and also to certain organisations. In order to qualify for relief an organisation must be entered in the register of charitable organisations under Part 3 of the Charities Act 2009, be engaged in the transport of disabled persons and whose purpose is to provide services to persons with disabilities.
In order to qualify for relief the applicant must hold a Primary Medical Certificate (PMC) issued by the relevant Senior Area Medical Officer (SAMO) or a Board Medical Certificate (BMC) issued by the Disabled Driver Medical Board of Appeal. Certain other criteria apply in relation to the vehicle and its use, including that the vehicle must be specially constructed or adapted for use by the applicant.
The terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 set out the following medical criteria, and that one or more of these criteria is required to be satisfied in order to obtain a PMC:
- be wholly or almost wholly without the use of both legs;
- be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;
- be without both hands or without both arms;
- be without one or both legs;
- be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;
- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.
A Supreme Court decision of 18th June found in favour of two appellants against the Disabled Drivers Medical Board of Appeal's refusal to grant them a PMC. The judgement found that the medical criteria set out in the Regulations did not align with the regulation making mandate given in the primary legislation to further define criteria for ‘severely and permanently disabled’ persons.
In the first instance I acknowledge that the persons who successfully challenged the Medical Board of Appeal's refusal to grant them a PMC are, on the basis of the Supreme Court decision, entitled to seek access to the Scheme. The Supreme Court decision raised complex issues, including the manner in which the persons concerned can access the Scheme, given that the Regulation which set out the medical eligibility criteria was not found to be invalid and given that the persons concerned were not assessed for a Primary Medical Certificate on the single criterion of being permanently and severely disabled.
More generally, the Deputies will appreciate that the complex legal and policy issues raised by the Supreme Court decision will require careful consideration. In parallel to that consideration there is a need to examine how best the Scheme can target resources to those persons who most need them. I am currently giving consideration to policy and legislative proposals set out by my officials and will seek to progress this issue in the coming weeks.
In the interim, on foot of the legal advice received, it became clear that it was appropriate to revisit the six medical criteria set out in Regulation 3 of Statutory Instrument 353 of 1994 for these assessments. In such circumstances, it is not proposed to continue with PMC assessments until a revised basis for such assessments is established. The medical officers who are responsible for conducting PMC assessments need to have assurance that the decisions they make are based on clear criteria set out in legislation. While Regulation 3 of Statutory Instrument No. 353 of 1994 was not deemed to be invalid, nevertheless it was found to be inconsistent with the mandate provided in Section 92 of the Finance Act 1989.
My officials were in contact with the Medical Board of Appeal and with officials in the Department of Health and will continue to liaise with them, as required, going forward. I have also written to the Minister for Health to request that there are no further PMC assessments until a sound legal basis for such assessments is re-established.
While it is regrettable that PMC assessments are currently not taking place and I acknowledge that this will result in a growing waiting list, I can give a commitment that I will seek to bring clarity to this situation as soon as possible such that PMC assessments can re-continue based on a firm legal basis, without which it is impossible to continue accepting new applicants to the scheme.
Finally, I would like to clarify that the Scheme itself is still operating. All persons or charitable organisations that can currently access the Scheme will continue to be able to do so and make claims for tax reliefs and the fuel grant in the normal manner.
52. Deputy Jennifer Whitmore asked the Minister for Finance if he is engaging with banks regarding the issue that mortgage approvals are being delayed in which an applicant’s employer is in receipt of the EWSS despite the applicant’s wages remaining unaffected; and if he will make a statement on the matter. [31846/20]
View answer60. Deputy Steven Matthews asked the Minister for Finance if he has held further talks with the main lender banks with regard to the provision of loans and mortgages to those in receipt of EWSS or the pandemic unemployment payment (details supplied). [31906/20]
View answerI propose to take Questions Nos. 52 and 60 together.
I have met with the CEOs of the banks on a number of occasions since the pandemic arose to discuss the measures banks and other regulated lenders can put in place to assist their borrowers who are economically impacted by COVID-19 and also the need to continue to support overall credit and lending in the economy, including new residential mortgage lending.
The purpose of the Employment Wage Subsidy Scheme (EWSS) is to support employers by helping them to continue trade as they deal with risk arising from COVID-19, and this puts employers in a position to retain key staff and ensure the viability of businesses and firms.
In respect of the approach of regulated mortgage lenders on new mortgage lending, the Central Bank has advised that it expects all regulated firms to take a consumer-focused approach and to act in their customers’ best interests at all times, including during the COVID-19 pandemic. Lenders continue to process mortgage applications and have supports in place to assist customers impacted by COVID-19. If mortgage applicants have any queries or concerns about the impact of COVID-19 on their mortgage application, they should in the first instance contact their lender directly on the matter.
However, within the parameters of the regulatory framework, as set out below, the decision to grant or refuse an individual application for mortgage credit is a commercial decision to be made by the regulated entity. Also a loan offer may contain a condition that the lender can 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 offer is also a commercial decision for the lender.
The European Union (Consumer Mortgage Credit Agreements) Regulations 2016 (CMCAR) provide that, before concluding a mortgage credit agreement, a lender must make a thorough assessment of the consumer’s creditworthiness with a view to verifying the prospect of the consumer being able to meet his or her obligations under the credit agreement. The CMCAR further 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. The Code specifies that the affordability assessment must include consideration of the information gathered on the borrower’s personal circumstances and financial situation.
Where a lender refuses a mortgage application, the CMCAR requires that the lender must inform the consumer without delay of the refusal. In addition, the Code requires that the lender must clearly outline to the consumer the reasons why the credit was not approved, and provide these reasons on paper if requested.
If a mortgage applicant is not satisfied with how a regulated firm is dealing with them, or they believe that the regulated firm is not following the requirements of the Central Bank’s codes and regulations or other financial services law, they should make a complaint directly to the regulated firm. If they are still not satisfied with the response from the regulated firm, they can refer the complaint to the Financial Services and Pensions Ombudsman.
54. Deputy Paul McAuliffe asked the Minister for Finance the categories of business and industry that the reduced VAT rate of 9% will apply to from 1 November 2020. [31855/20]
View answerThe 9% rate of value-added tax applies from 1 November 2020 to 31 December 2021 to the supply of restaurant and catering services, guest and holiday accommodation and entertainment services such as admissions to cinemas, theatres, museums, fairgrounds, and amusement parks. It will also apply to hairdressing and the sale of certain printed matter such as brochures, maps and programmes.
The 9% rate already applied to magazines and newspapers and to admissions to sporting facilities. They will remain at this rate.
