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Wednesday, 25 Nov 2020

Written Answers Nos. 39-53

Brexit Issues

Questions (39)

Niamh Smyth

Question:

39. Deputy Niamh Smyth asked the Minister for Transport the reason a person (details supplied) has to resit an exam passed earlier in 2020; the person or body that pays the cost of doing the course; and if he will make a statement on the matter. [38963/20]

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Written answers

This question relates to Brexit and Transport Manager Certificates of Professional Competence.

Under Regulation (EC) No. 1071/2009 a number of requirements must be satisfied in order to be eligible to hold a road transport operator licence, one of which is professional competence. In order to fulfil this requirement, every road transport undertaking must have a nominated Transport Manager to effectively and continuously manage its transport activities.

The Transport Manager must be the holder of a Certificate of Professional Competence (hereinafter referred to as "TM CPC") issued in the EU, in either Road Haulage or Road Passenger Transport depending on the nature of the operator's business.

As highlighted in the European Commission’s Notice of 19 January 2018 (updated on 13 July 2020) to Stakeholders in the Field of Road Transport (https://ec.europa.eu/info/sites/info/files/brexit_files/info_site/road_transport_en.pdf), after the end of the Brexit transition period, transport managers' certificates of professional competence issued by an authority of the United Kingdom or a body authorised by the United Kingdom will no longer be valid in the EU.

As part of the Government's Brexit preparations, my Department has carried out a review and has identified circa 200 individuals with a UK-issued TM CPC who are nominated as Transport Manager for Irish road transport operators. My officials have recently written to these Transport Managers and the relevant operators to ensure that they are aware of this position. The Department also carried out a similar communications exercise in October 2019 in preparation for the Brexit deadlines as they stood then, with letters issuing to relevant Transport Managers and operators at the time.

Operators affected are allowed a period of up to a maximum of six months in which to ensure that the professional competence requirement for their operator licence is once again satisfied, in accordance with Article 13 of Regulation (EC) 1071/2009.

Individuals who hold a UK-issued TM CPC and who wish to act as Transport Manager for a road transport operator based in the EU, including Ireland, must obtain a TM CPC issued by an EU Member State. Obtaining an Irish TM CPC requires passing the TM CPC examination administered by the Chartered Institute of Logistics and Transport (CILT). Candidates in this case will not be required to undertake the training course of 100 hours that is normally mandatory before taking the examination. The next TM CPC examination will be held on 9 December 2020 and online registration with CILT for this examination closes on 25 November. The examination will next be offered in the first quarter of 2021. Candidates will be required to pay a fee of €285 to sit the examination and this includes provision of the training manual.

My Department will continue to liaise with the European Commission on this matter; however, the current position is as set out in the relevant EU legislation as above, and Irish Transport Managers and operators must ensure that they meet the relevant EU legislative requirements.

Public Transport

Questions (40)

Neale Richmond

Question:

40. Deputy Neale Richmond asked the Minister for Transport if consideration has been given to encouraging more frequent public transport timetables, given the reduction to 25% capacity, in order that students and essential workers can complete their journeys without undue delay; and if he will make a statement on the matter. [38974/20]

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Written answers

Continued operation of the public transport sector is important, and it has been designated among the essential services that have carried on during the Covid crisis. I would like to thank both public and commercial operators and their staff for their continued dedication to providing this vital service in such challenging times.

The Government's "Living with Covid" Plan sets out capacity guidance for public transport at each of the 5 risk levels identified in the Plan. Due to the rising incidences of Covid-19 in the community, An Taoiseach announced that for a period of six weeks from midnight on Wednesday 21st October, the whole country would move to Level 5 of the Plan. At current levels of risk, public transport operators are restricted to using only 25% of the passenger-carrying capacity on their vehicles. Importantly, the Plan's guidance on working from home where possible, and on the closure of social, leisure and other facilities has reduced the demand for public transport well below normal levels. The advice is aimed at ensuring public transport is safeguarded for those who need it most, including essential workers and students. Both my Department and the NTA are closely monitoring public transport demand and will continue to be guided by public health advice.

Since the move to Level 5, the NTA and bus operators in Dublin (Dublin Bus and Go-Ahead Ireland), have re-allocated a number of vehicles and drivers across the network to enhance the capacity in areas where they were experiencing capacity issues.

Approximately 43 buses have been redeployed by Dublin Bus since October 22nd to help mitigate the impact of the capacity restrictions and reduce the number of passengers being left at stops. Where possible, these vehicles are being deployed during peak demand times, particularly for school travel. These measures have also assisted in reducing passengers' wait times at stops. Currently, all available vehicles are in use, so whilst the re-allocation has eased the situation, it remains the case that there may still be instances of people having to wait for another bus.

The NTA continues to monitor the effects of the reduction in capacity very closely in conjunction with public transport operators.

Driver Licences

Questions (41)

Niamh Smyth

Question:

41. Deputy Niamh Smyth asked the Minister for Transport if he will address the case of a person (details supplied); and if he will make a statement on the matter. [39037/20]

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Written answers

Irish driving licences can only be issued to people resident in Ireland. Driving licences issued by the Member States of the European Union are mutually recognised. Therefore, a holder of an EU licence who moves to another Member State can drive on that licence until the licence expires. On expiry, the licence holder will then need to exchange their licence for the licence of the country they are now resident in.

After the transition period (transition period ends 31 December 2020), the UK will no longer be a Member State and so a UK driving licence will not be recognised here. Holders of UK licences resident in Ireland are therefore encouraged to exchange their UK licences for an Irish one before this date.

However, legislation exists to allow for the recognition of foreign driving licences for exchange purposes in the Road Traffic Acts. Following the transition period, the potential then exists for arrangements to be made under those Acts and Ireland will be pursuing this option. This may take a little time to complete as it involves a formal agreement and legislation here in Ireland, as well as corresponding steps by the UK.

Driver Test

Questions (42)

Jackie Cahill

Question:

42. Deputy Jackie Cahill asked the Minister for Transport if a person (details supplied) can be given an earlier date than May 2021 for their driver theory test; and if he will make a statement on the matter. [39041/20]

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Written answers

The scheduling of candidates’ driving theory tests is the responsibility of the Road Safety Authority (RSA) in conjunction with the service provider. As Minister, I have no power to intervene in individual cases.

The Driver Theory Test has not been deemed to be an essential service under level 5. As a consequence, the service is closed, effective from midnight on Wednesday 21st of October, and for the duration of level 5 restrictions. All appointments during that time have been rescheduled to the next available appointment date.

As I am sure you are aware, the Theory Test service was temporarily suspended in March 2020 due to the Covid 19 emergency. When the service resumed in June, there was an increased level of demand and a significant backlog developed. This was coupled with the need to significantly reduce normal daily capacity to comply with occupational and public health requirements.

When the Driver Theory Test Service closed on the 21st of October due to the latest restrictions, the majority of testing centres had almost full bookings up to end December and some into January too as it worked its way through the initial backlog. The decision was taken by the service provider that those whose appointments were cancelled due to the latest restrictions would be rescheduled to the next available appointment date.

The Road Safety Authority has advised my office that it is engaging with its service provider to examine ways of increasing the number of tests within the current health constraints for when services are resumed. This will help reduce and, over time, eliminate the backlog.

Public Procurement Contracts

Questions (43)

Mairéad Farrell

Question:

43. Deputy Mairéad Farrell asked the Minister for Transport if his Department and any commercial or non-commercial State bodies and private entities subsidised by 50% or more of public funding under the aegis of his Department have implemented social clauses in their public procurement contracts in the past three years (details supplied); and if so, the nature of these social clauses. [39058/20]

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Written answers

The Department ensures that there is an appropriate focus on good practice in purchasing and that procedures are in place to ensure compliance with all relevant guidelines.The Department seeks to use the OGP Frameworks for procurements in excess of €25,000 and these Frameworks include provisions concerning environmental, social and labour law. Public procurements by the state bodies under the aegis of my Department are operational matters for the bodies concerned.

Driver Test

Questions (44, 45)

Joan Collins

Question:

44. Deputy Joan Collins asked the Minister for Transport the driver theory test centres that are closed for learner drivers to take their tests. [39095/20]

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Joan Collins

Question:

45. Deputy Joan Collins asked the Minister for Transport the driver theory test centres that are open for tests; and the centres that are closed. [39096/20]

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Written answers

I propose to take Questions Nos. 44 and 45 together.

The Driver Theory Test has not been deemed to be an essential service under level 5. As a consequence, all Driver Theory Test centres are closed, effective from midnight on Wednesday 21st of October, and for the duration of level 5 restrictions. All appointments during that time have been rescheduled to the next available appointment date.

Pension Provisions

Questions (46, 47)

Joe Carey

Question:

46. Deputy Joe Carey asked the Minister for Transport if he will address questions on a superannuation scheme of an organisation (details supplied); and if he will make a statement on the matter. [39133/20]

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Catherine Murphy

Question:

47. Deputy Catherine Murphy asked the Minister for Transport if his attention has been drawn to a submission (details supplied) regarding the Irish Aviation Authority pension scheme; and the measures and or degree of intervention in the matter he plans to take. [39174/20]

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Written answers

I propose to take Questions Nos. 46 and 47 together.

I can confirm that a submission has been made on behalf of some staff of the Irish Aviation Authority in accordance with Section 41 of the Irish Aviation Authority Act, 1993, which provides that a dispute on superannuation benefit may be submitted to the Minister for Transport. I am not able to comment on the details of that submission at this point but can advise the Deputies that it will be considered in accordance with the provisions of the Act.

Covid-19 Pandemic Supports

Questions (48, 49, 50)

Jackie Cahill

Question:

48. Deputy Jackie Cahill asked the Minister for Finance the reason private coach operators have been excluded from payment under the Covid-19 restrictions support scheme (details supplied); and if he will make a statement on the matter. [39014/20]

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Jackie Cahill

Question:

49. Deputy Jackie Cahill asked the Minister for Finance if he will include track bookmakers in the Covid restrictions support scheme given many of them own pitches on tracks and these pitches are their workplaces and these workplaces are prevented from operating as a result of Covid-19 restrictions; and if he will make a statement on the matter. [39028/20]

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Robert Troy

Question:

50. Deputy Robert Troy asked the Minister for Finance if bus and coach services will be included in the Covid restrictions support scheme to keep workers employed and allow their business to resume when it is safe to do so (details supplied). [38944/20]

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Written answers

I propose to take Questions Nos. 48 to 50, inclusive, together.

The Covid Restrictions Support Scheme (CRSS) was announced in the Budget on 13 October 2020. The details are set out in Finance Bill 2020 and guidelines on the operation of the scheme, including the eligibility criteria, are available on the Revenue website: (https://www.revenue.ie/en/corporate/press-office/budget-information/2021/crss-guidelines.pdf).

The support is 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.

The CRSS applies to businesses carrying on trading activities from a business premises located in a region subject to restrictions, which requires the business to prohibit or considerably restrict customers from accessing their business premises and as a result, is operating at less than 25% of turnover in 2019.

Where a business does not ordinarily operate from a fixed business premises located in a region that is subject to restrictions, such as an on-course bookmaker or a coach or bus operator whose business is ordinarily operated from mobile vehicles, that business will not meet the eligibility criteria. Coach operators may be able to benefit from the Coach Tourism Business Continuity Scheme, a €10million fund to provide coach tourism businesses with a direct financial contribution to help support them with future operational and continuity plans.

The CRSS is an additional measure for businesses in a region subject to significant Covid-19 restrictions. Businesses who do not qualify under this scheme may be entitled to support under various measures put in place by Government, including 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.

Deputies will be aware that the Finance Bill is currently progressing through the Houses of the Oireachtas, and I have no plans to extend eligibility of the scheme.

Tax Data

Questions (51)

Carol Nolan

Question:

51. Deputy Carol Nolan asked the Minister for Finance the total number of persons granted exemptions under section 195 of the Taxes Consolidation Act 1997 in each of the years 2015 to 2019 inclusive; the estimated total amount of tax revenue forgone by the State in each of those years as a result of these exemptions; and if he will make a statement on the matter. [39001/20]

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Written answers

The total number of persons who have been granted exemptions under section 195 of the Taxes Consolidation Act 1997 (Artists exemption) in each of the years 2015 to 2018, inclusive, and the estimated total amount of tax revenue foregone by the State in each of those years as a result of these exemptions is detailed in the table below. Please note that 2018 is the most recent year for which data are available.

2015

2016

2017

2018

No. of exemptions

2840

3000

3110

3270

Tax revenue foregone (€m)

10.8

11.3

12.7

10

Further data can be found in Revenue’s ‘Costs of Tax Expenditures’ (credits, allowances and reliefs) publication, which is available at link https://www.revenue.ie/en/corporate/information-about-revenue/statistics/tax-expenditures/costs-expenditures.aspx.

Banking Sector

Questions (52)

Brendan Griffin

Question:

52. Deputy Brendan Griffin asked the Minister for Finance his views on a matter regarding borrowing by clubs (details supplied); and if he will make a statement on the matter. [39033/20]

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Written answers

As Minister for Finance, I am very conscious that many borrowers continue to be impacted by the economic consequences of Covid-19, including GAA clubs and other sporting organisations who ordinarily rely on fundraising and gate receipts to fund their operations and meet their loan repayments. Clubs and their members have played an important role in the community response to Covid-19 and I am fully aware of the stress and uncertainty that they may be facing, and that they, like all impacted borrowers, will continue to need assistance and support from their lenders.

As the Deputy will know, at the outset of the pandemic in March, the Banking and Payments Federation of Ireland (BPFI) announced a coordinated approach by banks and other lenders to help their customers who were economically impacted by the Covid-19 crisis. The measures included flexible loan repayment arrangements where needed, including loan payment breaks initially for a period up to three months and then subsequently extended for up to six months. This was a welcome initiative and it allowed necessary relief to be quickly and efficiently provided to borrowers. However, each borrower’s position is different and that’s why a case-by-case approach has been adopted as some sectors of the economy are more impacted than others.

The Tánaiste, the Minister for Public Expenditure and Reform and I met the CEOs of the country’s retail banks and the Banking Payments Federation Ireland on 28 September and indicated that it is particularly vital that lenders work with their customers to ensure that suitable arrangements are put in place to assist their customers who are still experiencing difficulty. The lenders indicated that they will ensure that customers who have difficulties in meeting their loan repayments will be supported with a range of options so that a suitable arrangement can be agreed.

Borrowers have a suite of regulatory protections and lenders have specific obligations to support and work with borrowers who are continuing to experience loan difficulty because of Covid-19. These options could include additional flexibility, and this could be a short term arrangement such as additional periods without payments or interest-only repayments, or if appropriate more long term arrangements.

I will continue to work with the Central Bank, as regulator, to ensure that the Central Bank protection framework will be fully available to all borrowers that will still need support due to the economic impact of Covid-19.

Public Procurement Contracts

Questions (53)

Mairéad Farrell

Question:

53. Deputy Mairéad Farrell asked the Minister for Finance if his Department and any commercial or non-commercial State bodies and private entities subsidised by 50% or more of public funding under the aegis of his Department have implemented social clauses in their public procurement contracts in the past three years (details supplied); and if so, the nature of these social clauses. [39048/20]

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Written answers

The OGP Information Note ‘Incorporating Social Considerations into Public Procurement’ gives guidance on how public sector bodies can deliver wider social and environmental aims through their procurement processes for example, employment and training opportunities for disadvantaged groups, disability access, promoting social inclusion, or the protection of the environment and combating climate change.

I would like to reassure the Deputy that my officials are very cognisant of the importance of social considerations in procurement. However, due to the nature of the services procured by my Department, which are generally very specialised and technical in nature, it has not been possible to incorporate social clauses into any contracts to date.

My Department has 17 Bodies under its aegis of which 7 fall into the category of being ‘commercial or non-commercial State bodies or private entities subsidised by 50% or more of public funding’. These Bodies are: the Disabled Drivers Medical Board of Appeal, the Tax Appeals Commission, the Irish Fiscal Advisory Council, the Office of the Comptroller and Auditor General, the National Treasury Management Agency (NTMA), Home Building Finance Ireland (HBFI), and the Office of the Revenue Commissioners.

In respect of these Bodies the following responses have been received by my Department:

The Tax Appeals Commission, the Irish Fiscal Advisory Council and the Office of the Comptroller and Auditor General have not included social clauses in their contracts.

The Disabled Drivers Medical Board of Appeal has not carried out procurement activities.

The Office of the Revenue Commissioners has confirmed that while they have not included social clauses in their contracts, this is primarily because their procurements to date have generally been specialised in nature and it was not possible to incorporate such clauses.

The NTMA has addressed social clauses in public procurement through requirements set out as part of the tender processes and within the form of contracts awarded. Some examples are set out below:

- Energy: the NTMA has specified 100% green energy for their own utilities and has sought details of green initiatives such as renewable energy from providers.

- Technology Supplies: the NTMA has sought devices that are energy efficient in addition to having an overall low environmental impact.

- Labour Force: the NTMA has required a competitive package for staff of service providers, including being paid a living wage.

- Waste: the NTMA has required providers to demonstrate sustainability and waste management addressing waste minimisation with proposals to achieve a target of zero waste to landfill. Other areas such as paper-lite and recycling, and carbon footprint have also been addressed.

It should also be noted that the NTMA provides support services, including facility services, to Home Building Finance Ireland (HBFI).

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