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Tuesday, 28 Sep 2021

Written Answers Nos. 281-300

Tax Clearance Certificates

Questions (281)

Peadar Tóibín

Question:

281. Deputy Peadar Tóibín asked the Minister for Finance if the tax treatment of a term-time worker (details supplied) in education will be examined. [46031/21]

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Written answers

Department of Social Protection (DSP) payments are generally classified as income and as such are liable to income tax but not Universal Social Charge (USC) and PRSI. This includes Jobseekers Benefit and any weekly payments for adult dependants.

The way in which tax is collected from DSP payments is dependent on whether a person is taxed through the PAYE system or through self-assessment. Where a person has a PAYE source of income only, Revenue reduces his or her annual tax credits and rate band to take account of any taxable DSP payments, thereby ensuring the tax due is automatically collected through the payroll system. I am advised by Revenue that this arrangement was correctly applied to the person concerned while she was in receipt of Jobseekers Benefit.

Revenue has confirmed that it has reviewed the tax record of the person and is satisfied that the correct tax credits, standard rate band and Universal Social Charge (USC) allocations have been applied to her current employment, following notification from DSP that her Jobseekers Benefit claim had ‘closed’. The overpayments that occurred for 2021 will be refunded to her through her payroll. Such overpayments arise where any delay occurs in notifying Revenue that a person has resumed employment and is no longer in receipt of Jobseekers Benefit. Revenue has also confirmed that the person is not exempt from USC as her expected income for 2021 will exceed the exemption threshold of €13,000.00.

Finally, Revenue has advised me that it has already had direct engagement with the person in question and has clarified how the overpayments of tax by her occurred and how the amounts owed to her will be refunded. Revenue also clarified her USC status and provided her with a direct contact should she require any further clarification or advice.

Tax Code

Questions (282)

Michael Creed

Question:

282. Deputy Michael Creed asked the Minister for Finance if he plans to publish the submissions received by his Department during the public consultation in the context of OECD proposals for a global minimum effective tax rate; and if he will make a statement on the matter. [46078/21]

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Written answers

I would like to thank the Deputy for raising this important issue. On 1 July 2021, the OECD Inclusive Framework reached agreement but not unanimous consensus on key aspects of the two-pillar solution to address tax challenges arising from digitalisation and globalisation.

I have been clear in expressing my broad support for the agreement but have expressed reservation, in particular, about the proposed global minimum effective tax rate of ‘at least 15%’.

Given the importance of the OECD proposals, I felt it timely to invite views on the OECD proposals. The consultation provided an opportunity to identify the challenges and opportunities of the proposals in respect of Ireland’s corporate tax code and broader industrial policy.

As you will know, on 20 July I launched a public consultation on the OECD International Tax Proposals, the consultation period ran until 10th September.

Responses to the consultation came from a broad spectrum of society including from interested citizens, business, business representative bodies, civil society, accountancy firms and bodies, law firms, and political parties.

The responses received indicated broad support for the OECD process, as a well as a strong level of support for the position the Government adopted in relation to the proposals. There was an acknowledgement that there is need for further detail before committing to any agreement. Additional points raised noted the need to focus on Ireland’s overall FDI attractiveness into the future including with a focus on non-tax elements. The need to have jurisdictions withdraw unilateral measures, such as domestic digital taxes, was further noted for any agreement to succeed and bring about the stability to the international tax framework that we all crave.

My Officials and I will further consider the technical details of submissions received and this will inform my thinking as we approach what is a critical juncture of these negotiations at the OECD’s Inclusive Framework meeting on 8 October.

In respect to the publication of the submissions, it is my intention to publish these submissions on the Department of Finance website, as is the norm for public consultations run by the Department of Finance, in due course.

Covid-19 Pandemic Supports

Questions (283)

Alan Dillon

Question:

283. Deputy Alan Dillon asked the Minister for Finance his views on the extension of the employment wage subsidy scheme within the hospitality and tourism sector; and if he will make a statement on the matter. [46101/21]

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Written answers

I am aware of concerns that have been raised regarding the pace of recovery for the hospitality and tourism sector. As an economy wide support, the Employment Wage Subsidy Scheme has the objective of supporting all employment and maintaining the link between the employer and employee insofar as is possible. The EWSS is open to all businesses, provided the business meets the requisite conditions of the scheme. The EWSS provides a flat-rate subsidy to qualifying employers based on the numbers of paid and eligible employees on the employer’s payroll and charges a reduced rate of employer PRSI of 0.5% on wages paid which are eligible for the subsidy payment.

The EWSS has been a key component of the Government’s response to the continued Covid-19 crisis to support viable firms and encourage employment in the midst of these very challenging times. To date, payments of over €4.8 billion and PRSI credit of almost €770 million have been granted to 51,400 employers in respect of over 660,000 workers.

I have been clear that there will be no cliff-edge to the EWSS and, as the Deputy will be aware from announcements made in June, it has been decided that the scheme is now to be extended until the end of December 2021. For Q3 2021, the Government has decided to broadly maintain the status quo for EWSS, including the enhanced rates of support, with a modification to widen eligibility, and maintaining the reduced rate of Employers’ PRSI of 0.5%.

Further, as announced today, the Government has agreed that there will be no change to the EWSS for the month of October 2021, which means that the scheme will continue to operate in its current form as per the arrangements for Q3 2021. Issues around the configuration of the scheme beyond October are currently being considered and full details will be announced on Budget Day, 12 October 2021.

The Government remains fully committed to supporting businesses and employers insofar as is possible at this time.

Tax Code

Questions (284)

Alan Dillon

Question:

284. Deputy Alan Dillon asked the Minister for Finance if he will consider supporting the 9% VAT retention up until 2023 within the tourism and hospitality sectors; and if he will make a statement on the matter. [46103/21]

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Written answers

As the Deputy will be aware, it is a longstanding practice of the Minister for Finance not to comment, in advance of the Budget, on any tax matters that might be the subject of Budget decisions.

Tax Yield

Questions (285)

Gerald Nash

Question:

285. Deputy Ged Nash asked the Minister for Finance the revenue raised to the Exchequer from the discretionary trust tax from 2016 to 2020, in tabular form; the estimated revenue that could be raised by a 1% increase in the tax; and if he will make a statement on the matter. [46106/21]

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Written answers

Discretionary Trust Tax (DTT) is payable by trustees or by an agent acting for trustees. An initial once-off 6% charge applies to the value of all the assets in a trust. An annual 1% charge applies on 31 December each year to the value of all the assets in the trust on that date.

The yield from DTT (in €m) for the years 2016 to 2020 is provided in the table below.

2016

2017

2018

2019

2020

3.2

1.96

3.27

6.89

3.51

I am advised that, due to the manner in which the data is returned to Revenue, the yield from the 1% and 6% rates are not recorded separately. In addition, the level of DTT paid in any given year is contingent on decisions made by trustees regarding the amounts held in trusts. It is not, therefore, possible to reliably forecast the likely impact of a change to these tax rates.

Customs and Excise

Questions (286)

Neale Richmond

Question:

286. Deputy Neale Richmond asked the Minister for Finance if he has considered implementing a maximum customs processing fee post-Brexit given that different couriers and postal carriers charge vastly different customs processing fees; and if he will make a statement on the matter. [46112/21]

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Written answers

My colleagues in Revenue inform me that while the rates of Customs Duty are standard and are set at EU level, the administration fees charged by carrier / delivery companies are a matter for the individual companies and for the consumers who use these companies. The fees vary but so does the service offered by the various companies. Queries about these charges should be directed to the individual companies.

Revenue has no role in relation to such fees. Similarly on the tax side, Revenue has no role in relation to tax agent fees.

Covid-19 Pandemic Supports

Questions (287)

Jim O'Callaghan

Question:

287. Deputy Jim O'Callaghan asked the Minister for Finance if applicants and or employers who were initially approved to avail of the temporary wage subsidy scheme for domestic employees and or childminders and who were subsequently refused eligibility can appeal the decision to pay the liability issued to them by the Revenue Commissioners; and if he will make a statement on the matter. [46182/21]

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Written answers

The Temporary Wage Subsidy Scheme (TWSS) was provided for in section 28 of the Emergency Measures in the Public Interest (COVID-19) Act 2020. The scheme operated from 26 March 2020 to 31 August 2020 and was replaced by the Employment Wage Subsidy Scheme (EWSS) from 1 September 2020. The TWSS was introduced as an emergency measure, providing vital financial support to employers and employees that were severely impacted by the pandemic.

The TWSS operated on a self-assessment basis with the onus on applicants to satisfy themselves that they fully met the eligibility criteria for the scheme before making a claim. To assist employers in determining their eligibility, Revenue published extensive guidance, which clearly set out the qualifying conditions. Revenue also deployed very significant resources to a TWSS Helpline to answer queries by potential TWSS claimants.

The scheme was not intended as a support to domestic employers nor was it ever implied that it applied to them. The employment of domestic staff by a householder is not a business activity. A relevant business in the context of the TWSS generally included manufacturing, buying, selling, or supplying goods or services with a view to making a profit, none of which can be associated with employing domestic staff. It was also not possible for a domestic employer to meet the key criteria of a 25% reduction in turnover in Q2 of 2020 as there is no turnover associated with engaging a domestic employee.

I am advised by Revenue that a small number of employers of domestic staff incorrectly claimed TWSS in respect of domestic staff, the majority of which have since repaid the amounts owed in full. Where these domestic employers did not repay the subsidies owed, Revenue issued assessments for the amounts due as provided for in the legislation. The amounts owed were classified as ‘relevant tax’ and the Notice of Assessment advised the persons concerned of their statutory right to appeal the assessment to the independent Tax Appeals Commission (TAC). Full details of the procedures for making an appeal against any Revenue assessment, including in respect of late appeals, are available on the TAC website at www.taxappeals.ie.

Departmental Expenditure

Questions (288)

Carol Nolan

Question:

288. Deputy Carol Nolan asked the Minister for Finance further to Parliamentary Question No. 258 of 15 September 2021, if tenders for the courses and training provided were issued; if so, the persons who responded; the criteria by which the course provider was ultimately chosen; and if he will make a statement on the matter. [46195/21]

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Written answers

I refer to information previously supplied in relation to attendance at courses provided by a specific training provider.

Attendance at these training courses by four staff in my Department over the period 2015-2017 was funded as "ad hoc" training, whereby individuals discussed an interest completing the training course with their managers and the Human Resources Unit. As it was a specific course request by a small number of individuals no competitive process was deemed necessary and no tender issued.

Tax Data

Questions (289)

Aindrias Moynihan

Question:

289. Deputy Aindrias Moynihan asked the Minister for Finance the full tax expenditure data relating to the forgone cost of tax expenditures associated with private pensions for the year ending 31 December 2020; the total taxation collected in the same period; and if he will make a statement on the matter. [46295/21]

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Written answers

I am advised by Revenue that the cost of tax relief on pension contributions for the years 2004 to 2018 (the latest year currently available) are available on the Revenue website at

www.revenue.ie/en/corporate/documents/statistics/tax-expenditures/costs-tax-expenditures.pdf

For 2018, the published items in relation to pension contribution relief are:

- ‘Employees’ Contributions to Approved Superannuation Schemes’,

- ‘Employers’ Contributions to Approved Superannuation Schemes’,

- ‘Exemption of Employers’ Contributions to BIK’, and

- ‘Pension Contributions (Retirement Annuity and PRSA)’ .

For the convenience of the Deputy, the following table sets out the relevant tax costs for 2018 as figures for 2019 and 2020 are not yet available.

Pension Type

2018

Cost €m

Employees’ Contributions to Approved Superannuation Schemes

677.7

Employers’ Contributions to Approved Superannuation Schemes’

173.2

Exemption of Employers’ Contributions to BIK

658.3

Pension Contributions (Retirement Annuity and PRSA)

241.3

Total Cost

€1,750.5m

I am further advised by Revenue that it is not possible to estimate the tax paid on pensions separately from other income sources. This is due to the manner in which all incomes are combined within the tax assessment calculation.

Tax Yield

Questions (290)

Pearse Doherty

Question:

290. Deputy Pearse Doherty asked the Minister for Finance the estimated additional corporation tax that could be expected to be generated in 2022, 2023, 2024 and 2025, respectively if the bailed-out banks had applied to them a 25% limit on the losses that could be carried forward in a year and a five-year absolute limit in which such losses could be used; and if he will make a statement on the matter. [46512/21]

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Written answers

As the Deputy is aware, loss relief for corporation tax is a long-standing feature of the Irish corporate tax system and a standard feature of corporation tax systems in most OECD countries. It recognises the fact that a business cycle runs over several years and that it would be unfair to tax income earned in one year and not allow relief for losses incurred in another. Loss relief works by allowing a deduction for losses incurred in one accounting period against profits earned in another period.

In relation to the Deputy’s query, section 851A of the Taxes Consolidation Act, 1997 precludes Revenue officials from directly or indirectly disclosing taxpayer information to third parties in respect of specific taxpayers. Therefore it is not possible to provide estimates based on such a small cohort of taxpayers. However, based on public information as to pre-COVID-19 profitability levels, a 25% limit on the Corporation Tax losses forward that can be used in one year would likely not yield significant additional tax, due to the amounts of losses forward available to the relevant companies.

A five-year restriction on the carry forward of losses, if applied in respect of losses incurred to date, could mean that these companies are no longer able to use the historic losses that are being carried forward since the financial crisis. The likely additional tax yield from such a measure would depend on future profitability levels of the banks and it is not possible to estimate this accurately at present. It is further noted that, if losses forward are restricted in this manner, future profitability is likely to be offset to some extent by current losses arising during the pandemic.

The Deputy may recall that in 2018, Department of Finance officials produced a detailed technical note for the Committee on Finance, Public Expenditure and Reform, and Taoiseach on the subject of both bank losses and corporation tax losses more generally (see www.gov.ie/en/publication/436ff7-technical-note-on-the-potential-consequences-of-changes-to-the-treat/). It was further updated and re-circulated to members during the 2019 Finance Bill process.

Banking Sector

Questions (291)

Claire Kerrane

Question:

291. Deputy Claire Kerrane asked the Minister for Finance the processes that are in place to enable businesses in Ireland to use online banks which are based overseas with ease; if there are mechanisms in place to remove barriers to businesses banking with online banking systems outside Ireland and to ensure governance in this area remains transparent and customer friendly; and if he will make a statement on the matter. [46627/21]

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Written answers

Under EU law, credit institutions in EEA Member States only need to seek authorisation to provide services in one member state which is referred to as the Home Country Supervisor (in Ireland, the Central Bank). Authorisations are then valid for the entire EU, under the principle of single authorisation. Passporting of services and activities is made possible as the standard of regulation and supervision of passporting firms is effectively the same throughout the EU. The Central Bank is notified in advance by the Home Country Supervisor of the activities which will be conducted. However, supervisory responsibility remains with the Home Country Supervisor.

It is a matter for each individual institution authorised elsewhere in EEA whether it chooses to passport its services into Ireland or not.

Banks from non EU countries can operate within the EU in two different ways. They can establish a subsidiary in an EU country and then passport across the EU like other Banks or they can to open ‘third country branches’ in the EU countries where they wish to operate. There is limited harmonisation of rules on third country branches on an EU level and it is usually the case that third country branches are confined to the member states where they are established.

Any firm operating in Ireland under EU passporting rules must use a regulatory disclosure statement, indicating the EU country where it has been authorised but highlighting that it is regulated in Ireland for conduct of business rules. In this regard, the Deputy may wish to note that SME borrowers in Ireland have regulatory protections via the Central Bank's SME lending regulations.

The SME Regulations, centralbank.ie/news/article/regulations-for-firms-lending-to-smes-from-2016, set out the required treatment of SMEs by regulated entities in relation to various aspects of business lending. This includes detailed provisions around the credit application process, requirements regarding security or collateral, credit refusals and withdrawals, handling complaints, managing arrears and having in place policies for engaging with SMEs in financial difficulty.

Tax Rebates

Questions (292)

Bernard Durkan

Question:

292. Deputy Bernard J. Durkan asked the Minister for Finance when a rebate in respect of VRT on a personal motor vehicle adaptable for disability will be arranged in the case of a person (details supplied); and if he will make a statement on the matter. [46646/21]

View answer

Written answers

I am advised by Revenue that the Drivers and Passengers with Disabilities (DPD) scheme provides for the repayment or remission of VAT and Vehicle Registration Tax (VRT) on the purchase of an adapted vehicle for the transport of a person with specific severe and permanent physical disabilities. Qualification for the scheme also provides access to the Fuel Grant scheme and for a waiver of motor tax.

Revenue has confirmed that it has not received an application for the scheme from the person in question. Full details of the DPD scheme, including how to make an application, are available on the Revenue website at www.revenue.ie/en/importing-vehicles-duty-free-allowances/documents/vrt/online-dd1form-guide.pdf, which may be of assistance to the person.

Departmental Funding

Questions (293)

Claire Kerrane

Question:

293. Deputy Claire Kerrane asked the Minister for Finance if an event (details supplied) received public funding; and if he will make a statement on the matter. [46652/21]

View answer

Written answers

I can advise the Deputy that the Department of Finance has no record of any funding being provided for the event in question.

I wish to note that my response refers only to Department of Finance records and I cannot comment on behalf of other Government Departments.

Tax Reliefs

Questions (294)

Brian Stanley

Question:

294. Deputy Brian Stanley asked the Minister for Finance the total spend related to the Special Assignee Relief Programme in each of the years 2018 to 2020 and to date in 2021. [46674/21]

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Written answers

Finance Act 2012 introduced section 825C to the Taxes Consolidation Act, 1997. This section, as amended, provides Income Tax relief for certain individuals assigned during any of the tax years 2012 to 2022 to work in the State. The relief is commonly known as SARP (Special Assignee Relief Programme).

The aim of the relief is to reduce the cost to employers of assigning skilled individuals in their companies from abroad to take up positions in the Irish-based operations of their employer or an associated company, thereby facilitating the creation of jobs and the development and expansion of businesses in Ireland.

SARP provides for relief from Income Tax on 30% of income over €75,000, subject to an upper income threshold of €1,000,000, where applicable. There is no exemption from USC. PRSI is payable where the individual is not liable to social insurance contributions in his or her home country. School fees of up to €5,000 per annum and expenses incurred on one trip home per year, where they are paid for by the employer, are not subject to Income Tax, USC or PRSI.

The cost of the scheme for 2018 was €42.4 million. This is the most recent year for which data are available. I expect that the 2019 cost will be available shortly.

Tax Code

Questions (295, 296)

Gerald Nash

Question:

295. Deputy Ged Nash asked the Minister for Finance if landlords of apartments and duplexes, excluding local authorities and approved housing bodies, can write off service charges and levies to fund the remediation of defects imposed by owners management companies against their tax liabilities; and if he will make a statement on the matter. [46805/21]

View answer

Gerald Nash

Question:

296. Deputy Ged Nash asked the Minister for Finance the estimated annual value of tax write-offs to the Exchequer by duplex and apartment landlords in relation to service charges and levies to fund the remediation of defects imposed by owners management companies against their tax liabilities; if he plans to extend the facility to write-off service charges and remediation levies against tax liabilities to other apartment and duplex owners, namely owner-occupiers, approved housing bodies and local authorities; and if he will make a statement on the matter. [46806/21]

View answer

Written answers

I propose to take Questions Nos. 295 and 296 together.

Section 97 Taxes Consolidation Act 1997 (TCA) sets out the deductions allowable in computing rental income chargeable to income tax or corporation tax under Case V of Schedule D. Income chargeable under Case V is computed on the gross amount of rent receivable less allowable expenses incurred in earning that rent, as specified in section 97(2). These expenses include, inter alia, the cost of maintenance, repairs, insurance, and management of the premises borne by the person chargeable and which constitute an expense of the agreement under which the rent/receipts were received, but excluding any capital expenditure.

Revenue’s Tax and Duty manual 04-08-01 provides detailed guidance on the tax treatment of rental income. Service charges and levies that are imposed by management companies are deductible against the landlord’s rental profits.

I am advised by Revenue that it does not have a figure for the cost of deductions claimed by landlords for service charges or levies related to the remediation of defects, as it does not request such detailed information on tax returns.

Local authorities are exempt from income tax and are not subject to corporation tax, and approved housing bodies that have charitable status would benefit from the charitable tax exemption, and therefore tax deductibility of service charges would not be relevant to such entities.

I have no plans at present to extend to other apartment and duplex owners the facility to write off service charges and remediation levies against tax liabilities as mentioned in the Deputy's question.

Question No. 296 answered with Question No. 295.

Tax Data

Questions (297)

Gerald Nash

Question:

297. Deputy Ged Nash asked the Minister for Finance the estimated cost of a reduction of the rate of VAT on energy bills from 13.5% to 9% for a 12-month period; and if he will make a statement on the matter. [46807/21]

View answer

Written answers

I am advised by Revenue that traders are not required to identify the VAT yield generated from the supply of specific goods or services on their VAT returns. However, a tentative estimate (using a combination of data sources) of the cost of a 4.5% reduction on the VAT collected on domestic energy supplies is as follows.

Fuel Type

Cost (€m)

Solid Fuels

12

Home Heating Oils

50

Gas

20

Electricity

88

Total

170

Tax Code

Questions (298)

Gerald Nash

Question:

298. Deputy Ged Nash asked the Minister for Finance his views on the need for an urgent introduction of a vacant property tax to alleviate the ongoing accommodation crisis; his further views on whether the introduction of a significant vacant property tax has the potential to free up a significant number of empty properties particularly those purchased by large investor funds; the status of his most recent discussion with the Minister for Housing, Local Government and Heritage on this matter; and if he will make a statement on the matter. [46466/21]

View answer

Written answers

I have stated on a number of occasions that the primary objective of any vacant residential property tax would be to increase the supply of homes for rent or purchase to meet demand rather than increasing tax revenues. However, before introducing such a tax it is of course vital to have a sound understanding of the quantity, locations and characteristics of long term vacant properties, and the reasons why they are vacant. This is why the recently announced strategy, ‘Housing For All’ states that my Department will collect data on vacancy with a view to introducing a Vacant Property Tax.

The recently enacted Finance (Local Property Tax) (Amendment) Act 2021 enables Revenue to collect certain limited information on vacant properties in the LPT return form it will issue to property owners in advance of the new LPT valuation date of 1 November next. This information, together with information from other available sources will be used to assess the merits and impact of introducing a Vacant Property Tax.

While it is the clear intention of Government to introduce a Vacant Property Tax, the matter needs extensive consideration for such a measure to be effective and to determine the properties that should be targeted. Once this information has been collated, we will be in a better position to assess the merits and precise design of a Vacant Property Tax.

It is important to identify the reasons for vacancy and whether this is long or short-term in nature. There may be genuine and acceptable reasons for vacancy such as refurbishment work, the temporary absence of the owner for medical reasons or pending the grant of probate for a deceased person’s estate. Appropriate exemptions from any charge would have to be considered in addition to acceptable periods of vacancy.

As part of 'Housing for All' strategy, the Government has committed to a range of actions as part of the pathway to address vacancy and ensure the efficient use of housing stock. In the context of the development of ‘Housing For All’ my Department had intensive engagement with relevant Departments including the Department of Housing, Local Government and Heritage. I engaged similarly with ministerial colleagues including of course the Minister for Housing, Local Government and Heritage. I expect engagement in relation to the specific issue of vacant residential property taxation will intensify once data on vacancy from LPT returns are available and analysed.

Appointments to State Boards

Questions (299)

Carol Nolan

Question:

299. Deputy Carol Nolan asked the Minister for Public Expenditure and Reform if he will provide the most recent guidance issued by his Department regarding State appointments. [44309/21]

View answer

Written answers

The Guidelines on Appointments to State Boards was published by my Department in November 2014 and, subject to specific arrangements which apply to NewEra companies, these guidelines apply to all State Boards both commercial and non-commercial.

The guidelines build on earlier work by contributing to greater openness and transparency in the selection of appointees to State Boards.

These guidelines are available online at www.stateboards.ie and a copy is attached.

State Boards

An Garda Síochána

Questions (300)

Mary Lou McDonald

Question:

300. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide a progress report on the refurbishment of a Garda station (details supplied); the indicative timeframe for the reopening of the station; and if he will make a statement on the matter. [45955/21]

View answer

Written answers

While the main construction works to the Garda Station building have been completed, commissioning of certain mechanical and electrical installations has not yet been demonstrated to the required standards.

The Office of Public Works (OPW) has been actively engaging with the contractor on this issue and the contractor has advised OPW that it expects that all of the outstanding commissioning should be concluded by the end of this week which will allow the building to be handed back to An Garda Síochána immediately thereafter. The full re-opening of the Station is an operational matter for An Garda Síochána.

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