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Tuesday, 12 Oct 2021

Written Answers Nos. 123-142

Fuel Quality

Questions (123)

Fergus O'Dowd

Question:

123. Deputy Fergus O'Dowd asked the Minister for Finance the way the Revenue Commissioners plan to deal with the sale and supply of domestic solid fuels that do not comply with Ireland's new emission standards that will be introduced across the State in advance of the 2022 heating season as announced earlier in 2021 in particular in cases in which suppliers outside the State are advertising the sale and delivery of such goods to Irish residents on buy and sell internet sites and well regarded magazines and so on; if appropriate measures will be put in place to actively pursue any supplier distributing domestic fuels that do not comply with the new emission standards even in the event in which that supplier may be delivering from outside the State; and if he will make a statement on the matter. [49512/21]

View answer

Written answers

Revenue’s role in relation to the supply of taxable solid fuels in the State lies in the collection of Solid Fuel Carbon Tax (SFCT). SFCT is collected by Revenue on a self-assessment basis and liability to the tax arises on the first supply of solid fuel in the State. The rates of SFCT are set out in Finance Act 2010 and the Deputy will be aware that I brought forward amendments in Finance Act 2020 to provide for a ten year trajectory of SFCT increases as part of Government’s commitment to meet climate action objectives. SFCT applies at different rates to four categories of solid fuel including coal, peat briquettes, milled peat and other peat. The SFCT rate on coal, currently €88.23 per tonne, applies to all types of smokeless and “smoky” coal.

Under the Treaty on the Functioning of the European Union there can be no restrictions placed on the movement of goods such as coal into the State from other Member States including Northern Ireland. No Revenue offence arises where coal or other solid fuels are brought into the State or placed on the market here. As already outlined, Revenue’s role is to ensure compliance with SFCT law including ensuring that solid fuel suppliers making first supplies in the State are registered for SFCT and file returns and payments on a bi-monthly basis in arrears. Revenue enforces SFCT law using the full range of compliance interventions and enforcement provisions for self-assessed taxes.

Separate to taxation matters, there are also laws setting out national standards for solid fuel; those laws comes under the aegis of the Department of Environment, Climate and Communication and the enforcement of such standards for solid fuel is a statutory function of Local Authorities operating under that legislation. They are not matters in which Revenue has a role. I understand that Local Authorities currently have extensive powers to support enforcement of the existing smoky coal ban including powers to:

- Undertake inspections of premises and vehicles being used for the sale and distribution of solid fuel as well as to collect samples,

- Bring a prosecution under the Air Pollution Act for breaches of the Regulations,

- Issue a Fixed Payment Notice (or ‘on the spot fine’) for alleged offences relating to the marketing, sale and distribution of prohibited fuels in Low Smoke Zones, with a penalty range of €250 to €1,000.

The Deputy has referred to Ireland’s new emission standards that will be introduced across the State in advance of the 2022 heating season, as part of the national laws on solid fuel standards. When announcing the introduction of these new standards my colleague the Minister for the Environment, Climate and Communications indicated that a framework for legislation has been developed and drafting of new regulations would be finalised in the coming months. The Deputy may wish to refer his query on plans to deal with the sale and supply of domestic solid fuels that do not comply with Ireland’s new emission standards to the Minister for the Environment, Climate and Communications.

Departmental Meetings

Questions (124)

Catherine Murphy

Question:

124. Deputy Catherine Murphy asked the Minister for Finance if he will provide a schedule of the engagements his officials have had with the Revenue Commissioners in respect of the IIP in the context of common reporting standards in 2018, 2019, 2020 and to date in 2021; and the dates on which engagements occurred over the same time period. [49543/21]

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Written answers

The Immigrant Investor Programme (IIP) is not under the remit of the Minister for Finance and is a matter for the Department of Justice. I am advised that there has not been any direct engagement between the Department of Finance and Revenue on this matter.

I am further advised that there is on-going engagement at official level between Revenue and Department of Justice officials in respect of the Common Reporting Standards approved by the OECD for information sharing on programmes such as the Immigrant Investor Programme (IIP).

Departmental Data

Questions (125)

Holly Cairns

Question:

125. Deputy Holly Cairns asked the Minister for Finance the number of State boards under the remit of his Department or its agencies in tabular form; the number of members of each board; the number of women on each board; and the percentage of each board that is made up of women. [49559/21]

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Written answers

Information on State Board membership, by Department and including gender breakdown, is available on the State Boards website www.StateBoards.ie. The position in relation to the State Boards under the aegis of my Department is in the table below.

I would point out that, having concluded its restructuring work in 2017, the Credit Union Restructuring Board (ReBo) was operationally wound down and is awaiting formal dissolution. While awaiting final dissolution, I appointed two Department officials to the Board of ReBo on an interim basis to manage matters during the period up to dissolution of ReBo. The Central Bank non-voting member also remains on the Board. This caretaker Board will remain in place until such time as ReBo is dissolved.

State Board

Number of Members

Number & percentage of female Members

Central Bank Commission

10

4 (40%)

Credit Union Restructuring Board

3

1 (33%)

Financial Services and Pensions Ombudsman Council

7

3 (43%)

Home Building Finance Ireland

7

4 (57%)

Irish Fiscal Advisory Council

5

2 (40%)

National Asset Management Agency

9

4 (44%)

National Treasury Management Agency

9

4 (44%)

Strategic Banking Corporation of Ireland

9

4 (44%)

Court Judgments

Questions (126)

Robert Troy

Question:

126. Deputy Robert Troy asked the Minister for Finance if a review of the qualification criteria for the disabled drivers tax concessions scheme is currently being carried out in view of a recent Supreme Court ruling. [49579/21]

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Written answers

The Disabled Drivers & Disabled Passengers Scheme provides relief from Vehicle Registration Tax 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 Scheme is open to severely and permanently disabled persons as a driver or as a passenger and also to certain charitable organisations. In order to qualify for relief, the applicant must hold a Primary Medical Certificate issued by the relevant Senior Area Medical Officer (SAMO) or a Board Medical Certificate issued by the Disabled Driver Medical Board of Appeal. Certain other qualifying criteria apply in relation to the vehicle, in particular that it must be specially constructed or adapted for use by the applicant.

To qualify for a Primary Medical Certificate an applicant must be permanently and severely disabled, and satisfy at least one of the following medical criteria, in order to obtain a Primary Medical Certificate:

- 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.

As the Deputy may know, the current medical criteria medical criteria were included in the Finance Act 2020, by way of amendment to Section 92 of the Finance Act 1989. This amendment arises from legal advice in light of the June 2020 Supreme Court judgement that the medical criteria in secondary legislation 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 (primary legislation).

While I am very aware of the importance of this scheme to those who benefit from it, I am also aware of the disquiet expressed by members of this house and others in respect of the difficulties around access to the scheme. With this in mind I provided an undertaking to review the scheme, including a broader review of mobility supports for persons with a disability. My officials have been carrying out preliminary work, including an examination of the main issues which will frame the scope of the review and engaging with with other Departments and agencies.

Separately, I have reached out to the Minister for Children, Equality, Disability, Integration and Youth, in the context of a review that was commenced in March 2020 under the auspices of the National Disability Inclusion Strategy, to examine transport supports encompassing all Government funded transport and mobility schemes for people with disabilities. Its work was interrupted by the COVID-19 pandemic. Minister O’Gorman has confirmed that he has asked his officials to reconvene the working group established to carry out that review at the earliest opportunity and we are both agreed that this is the most appropriate forum for the review. With this in mind, my officials will work closely with officials from the Department of Children, Equality, Disability, Integration and Youth to progress this review.

Departmental Correspondence

Questions (127)

Mary Butler

Question:

127. Deputy Mary Butler asked the Minister for Finance if he has received correspondence (details supplied); the status of a response being issued; and if he will make a statement on the matter. [49623/21]

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Written answers

Budget 2021 saw motor tax reform introduced in the context of the transition to the new vehicle emissions test procedure, the Worldwide Harmonized Light Vehicles Test Procedure (WLTP), and in light of Government commitments to reduce road transport emissions. Cars in the existing CO2 fleet continue to be taxed on the same banding structure that has been in effect since 1 January 2013, while there were some modest increases to rates in the higher emitting Bands C to G, the first increases in motor tax since that date. Pre-2008 cars are still taxed according to engine size, and those rates were not changed in Budget 2021. The old, discredited New European Driving Cycle (NEDC) motor tax table was adjusted to reflect climate action priorities and to ensure a level playing field with the introduction of a third table that covers WLTP cars registered from 1/1/2021.

The Programme for Government 2020 contains a commitment to an average of a 7% reduction in greenhouse gas emissions year-on-year from 2021 to 2030 and to achieving net zero emissions by 2050. The transport sector currently accounts for 20% of Ireland’s greenhouse gas emissions levels and a reduction in emissions levels in the sector, through a combination of taxation and incentivisation, will form a key part of achieving that target. Private car usage represents 50% of those emissions. In this regard, the CO2 based motor tax system for private cars, which comprise the bulk of the vehicle fleet, is structured in such a way as to incentivise the uptake of electric and lower CO2-emitting vehicles, with these attracting lower motor tax rates than higher emitting vehicles.

Departmental Data

Questions (128)

Darren O'Rourke

Question:

128. Deputy Darren O'Rourke asked the Minister for Finance the projected revenue of the carbon tax receipts in each of the years from 2021 to 2030; and if he will make a statement on the matter. [49632/21]

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Written answers

I am advised by Revenue that the estimated additional yield arising from a €7.50 increase in the rate of carbon tax will yield an additional €109 million in 2022 and €148 million in a full year. 2022 is not a full year in terms of revenue yield due to the delayed commencement on home heating fuels.

With regard to cumulative carbon tax receipts over the period 2024 to 2030, this will depend on a number of factors, such as changes in the world price of crude oil, exchange rate movements, general economic performance, changes in consumer behaviour arising from increases to the carbon tax, the uptake in cleaner technologies for transportation and heating purposes, potential changes to EU legislation which are directed at reducing or dis-incentivising fossil fuel consumption, and indeed other considerations including any enduring Covid impacts.

Banking Sector

Questions (129)

Catherine Murphy

Question:

129. Deputy Catherine Murphy asked the Minister for Finance the procedure a bank must follow in instances in which it proposes to close a retail bank premises in which the State has an interest; and the degree to which it must consult with the Central Bank in this regard. [49671/21]

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Written answers

Officials in my Department referred the Deputy's question to the banks in which the State has a shareholding and received the following response in this regard:

AIB

The retail banking environment has dramatically changed in the last number of years with customers favouring online banking and digital payment methods over the use of cash and visits to branches. AIB have seen daily branch visits fall to 35,000 while daily interactions on the AIB mobile app have risen to over 1.5m.

These trends have been significantly accelerated by the pandemic. In this very challenging banking environment, AIB has had to rigorously examine how to best balance the commercial rationale for maintaining local branch services as customers choose digital banking options in ever increasing numbers. In assessing the impact of any change on customers, employees, stakeholders and communities, AIB seeks to minimise disruption and engage widely to ensure a smooth transition in accordance with all aspects of the consumer protection code.

As a regulated entity, AIB engages fully with the Central Bank of Ireland in this regard and keeps the Department of Finance informed in line with the long established Relationship Framework.

Bank of Ireland

The Bank adheres to the General Principles and Requirements of the Consumer Protection Code when arriving at the decisions set out in these questions. In particular when intending to close, merge or move a branch the Bank must adhere to Provision 3.12 of the Consumer Protection Code which states:

3.12 When intending to close, merge or move a branch, a credit institution must:

a) notify the Central Bank immediately;

b) provide at least two months notice to affected consumers to enable them to make alternative arrangements;

c) ensure all business of the branch is properly completed prior to the closure, merger or move, or alternatively inform the consumer of how continuity of service will be provided; and

d) notify the wider community of the closure, merger or move in the local press in advance.

PTSB

Where the Bank intends to close, merge or move a Branch, Rule 3.12 of the Consumer Protection Code 2012 applies. That states :

When intending to close, merge or move a branch, a credit institution must:

a) notify the Central Bank immediately;

b) provide at least two months notice to affected consumers to enable them to make alternative arrangements;

c) ensure all business of the branch is properly completed prior to the closure, merger or move, or alternatively inform the consumer of how continuity of service will be provided; and

d) notify the wider community of the closure, merger or move in the local press in advance.

The Bank adheres to these requirements in any situation where it plans to close, merge or move a Branch.

Banking Sector

Questions (130)

Catherine Murphy

Question:

130. Deputy Catherine Murphy asked the Minister for Finance the procedure a bank must follow in instances in which it proposes to automate a retail bank premises in which the State has an interest; and the degree to which it must consult with the Central Bank in this regard. [49672/21]

View answer

Written answers

Officials in my Department referred the Deputy's question to the banks in which the State has a shareholding and received the following response in this regard:

AIB

The retail banking environment has dramatically changed in the last number of years with customers favouring online banking and digital payment methods over the use of cash and visits to branches. AIB have seen daily branch visits fall to 35,000 while daily interactions on the AIB mobile app have risen to over 1.5m. These trends have been significantly accelerated by the pandemic.

In this very challenging banking environment, AIB has had to rigorously examine how to best balance the commercial rationale for maintaining local branch services as customers choose digital banking options in ever increasing numbers. In assessing the impact of any change on customers, employees, stakeholders and communities, AIB seeks to minimise disruption and engage widely to ensure a smooth transition in accordance with all aspects of the consumer protection code.

As a regulated entity, AIB engages fully with the Central Bank of Ireland in this regard and keeps the Department of Finance informed in line with the long established Relationship Framework.

Bank of Ireland

The Bank adheres to the General Principles and Requirements of the Consumer Protection Code when arriving at the decisions set out in these questions. Where the Bank decides to amend or alter the range of services it provides the Bank must adhere to Provision 3.10 of the Consumer Protection Code which states;

3.10 Where a regulated entity intends to amend or alter the range of services it provides, it must give notice to affected consumers at least one month in advance of the amendment being introduced.

As part of this process the Bank would proactively engage with the Central Bank of Ireland

PTSB

Where the Bank intends to automate a retail bank premises where that would result in a change to or removal of a service provided in that Branch, Rule 3.10 of the Consumer Protection Code 2012 applies. That states:

Where a regulated entity intends to amend or alter the range of services it provides, it must give notice to affected consumers at least one month in advance of the amendment being introduced

The Bank adheres to these requirements in any situation where it plans to alter the services in a Branch, including where automation of a retail bank premises would result in a change to or withdrawal of services. While there is not a requirement to notify the Central Bank, the Bank as a practice will inform the Central Bank in advance of any such changes.

Departmental Contracts

Questions (131)

Catherine Connolly

Question:

131. Deputy Catherine Connolly asked the Minister for Finance the number and value all procurement contracts that took place by way of negotiated procedure without prior publication in 2020 and to date in 2021; and the date, value and purpose of each negotiated procedure contract in tabular form. [49729/21]

View answer

Written answers

I wish to advise the Deputy that as per the Public Procurement Guidelines for Goods and Services my Department has not utilised, in 2020 or 2021 to date, the ‘negotiated procedure without prior publication’ which is one of the six procedures for awarding of contracts of values over EU Threshold (€139,000). The Negotiated Procedure without Prior Publication is an exceptional procedure and can only be used in a limited number of defined circumstances as set out in Regulation 32 of the European Union (Award of Public Authority Contracts) Regulations 2016, and the circumstances for utilising this procedure has not arisen for the Department.

Tax Code

Questions (132)

Colm Burke

Question:

132. Deputy Colm Burke asked the Minister for Finance his views on the proposal outlined in the European Commission public consultation on updating the rules on excise duties for manufactured tobacco products for the equalisation of the tax treatment of roll your own, heated tobacco products and other alternative products with that of cigarettes; the estimated likely impact on revenue generation and illicit trade should such a proposal be enacted in Ireland and across the European Union; and if he will make a statement on the matter. [49742/21]

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Written answers

Council Directive 2011/64/EU sets out EU rules on the structure and rates of excise duty applied to manufactured tobacco. The Directive defines and classifies various manufactured tobacco products according to their characteristics and lays down the relevant minimum rates of excise duty for the different types of products. The purpose of the Directive is to ensure the proper functioning of the internal market and a high level of health protection.

Every four years, the European Commission is required to submit a report to the Council on the rates and the structure of excise duties, accompanied – where appropriate – by a proposal for the revision of the Directive. The latest report was prepared by the Commission on 10 February 2020 and on 2 June 2020 the Council approved conclusions setting out its priorities in relation to the review of the Directive. A public consultation, open between 30 March 2021 and 22 June 2021, sought to ensure that all relevant stakeholders had an opportunity to express their views on the current rules and on possible changes to these rules. The Commission is expected to bring forward a new legislative proposal later this year or early in 2022 and the impact of this can be assessed when the proposal is available.

The Commission Report and the Council conclude that it is necessary to upgrade the EU regulatory framework, in order to tackle current and future challenges in respect of the functioning of the internal market by harmonising definitions and tax treatment of novel products (such as liquids for e-cigarettes and heated tobacco products), including products that substitute tobacco, in order to avoid legal uncertainty and regulatory disparities in the EU. Revision can also address the issue of tax-induced substitution across products and enable further measures to combat the illicit trade in tobacco to address tax control, revenue collection and health protection issues.

Ireland welcomes the review of the Directive to ensure that the rules remain fit for purpose, safeguard the proper functioning of the internal market and, very importantly, provide for a high level of health protection. This latter point is particularly significant in the context of the European Action Plan against Cancer and our own national policy, Tobacco Free Ireland, both of which recognise that taxation plays a pivotal role in reducing tobacco consumption, in particular in deterring youth from smoking.

Ireland is committed to a policy of high taxation of tobacco to encourage people to quit smoking. As of October 2021, the cost of a pack of 20 cigarettes in the most popular price category stands at €14.50 and a typical 30 gram pack of RYO tobacco is around €20.50.

Budget practice is to decide on a defined tax increase (inclusive of VAT) on a packet of 20 cigarettes in the most popular price category, with pro rata increases on the other tobacco products. Cognisant that the relatively lower cost of roll-your-own (RYO) tobacco products can incentivise their use, and therefore seeking to progressively reduce that price differential, additional excise increases in respect of RYO were included in the 2013, 2014, 2017, and 2018 Finance Acts.

In addition to seeking to narrow the price gap between RYO and cigarettes, by way of additional excise increases on RYO, Government health and social policy has focused on the further denormalisation of smoking generally as consumption of tobacco products remains one of the greatest avoidable and preventable health risks in our society. Similar considerations arise in respect of heated tobacco products and other alternative products. While heated tobacco products are not currently available on the Irish market, I am informed by Revenue that, in the event that they are introduced, the current national tobacco tax provisions are sufficiently broad to ensure that they will fall to be taxed as smoking tobacco.

Of course, one consequence for a country such as ours with a high taxation policy approach to tobacco, is that this increases the likelihood of smuggling and illicit activity. Revenue is very conscious of the threat that tobacco smuggling poses to health, to legitimate business interests, and to the Exchequer, and Revenue continues to make tackling the problem a priority.

It is also the case that tobacco products can be legally brought into the country legitimately: whether duty-paid from other EU states, or as duty-free from a third country. In this regard and in parallel with the revision of Council Directive 2011/64/EU, we welcome the fact that the Commission has commissioned a study to assess Articles 32 and 36 of Council Directive 2008/118/EC concerning the general arrangements for excise duty. The study is focussing on the cross-border acquisition of excise products by private individuals and cross-border distance selling, and the study should help inform this aspect of tobacco policy into the future.

National Development Plan

Questions (133)

Francis Noel Duffy

Question:

133. Deputy Francis Noel Duffy asked the Minister for Public Expenditure and Reform the breakdown of the source of funding for the National Development Plan over the next ten years. [49241/21]

View answer

Written answers

The revised NDP incorporates a total funding envelope of €165 billion over 2021-2030. This is set out in detail in Chapter 4 of the NDP, which provides the Gross Voted capital allocations for each area for the period 2021-2025, with subsequent years to be added on a rolling basis.

Of this total funding €136 billion will be sourced from the Exchequer. The Exchequer’s sources of funding are a matter for the Minister for Finance as managed by the Office of the Revenue Commissioners and the National Treasury Management Agency.

Additional funding of approximately €29 billion is estimated to come from Non-Exchequer sources including commercial semi-states, Irish Water and Universities, which is funded through commercial activities, financing and own resources.

Agriculture Industry

Questions (134)

Brendan Howlin

Question:

134. Deputy Brendan Howlin asked the Minister for Public Expenditure and Reform his plans to allocate revenue generated from the carbon tax to farmers; the timeline he envisages for this distribution; and if he will make a statement on the matter. [49124/21]

View answer

Written answers

All of the revenues raised by the planned increases in the carbon tax will be used to support increased Government spending. In particular, the Programme for Government commits to use the funds resulting from increases in the carbon tax to:

- Ensure that the increases in the carbon tax are progressive through targeted social welfare and other initiatives to prevent fuel poverty and ensure a just transition;

- Fund a socially progressive national retrofitting programme targeting all homes but with a particular emphasis on the Midlands region and on social and low-income tenancies;

- Allocate funding to a REPS-2 programme to encourage and incentivise farmers to farm in a greener and more sustainable way.

€5 billion of the expected €9.5 billion in additional carbon tax receipts will be invested in energy efficiency. This €5bn forms part of the €12.9bn in capital funding for the Department of Environment, Climate and Communications confirmed in the recently published NDP.

That document also notes that the remaining €4.5 billion in anticipated additional carbon tax receipts will be used to boost the Government’s current expenditure levels. €1.5 billion of additional current funding will be made available over 2021 – 2030 for new schemes that will assist farmers in the decarbonisation of the agricultural sector. The specific use of carbon tax funds in the sector for the period to 2027 will be detailed in the Government’s implementation programme for the new Common Agricultural Policy 2023 – 2027.

The remaining €3 billion in funding will be explicitly used to ensure that increases in the carbon tax are progressive by tackling fuel poverty and providing for a Just Transition. The Government will continue to be guided by the latest emerging research on how to protect the vulnerable from the impacts of the rising carbon tax. As such, decisions on specific compensatory measures will be made as part of the annual budgetary cycle.

I am committed to being as transparent as possible on the use of carbon tax funds. As part of this commitment to transparency, my Department will publish a paper alongside the Budget detailing the allocations for 2022. This is in line with similar reports that were published alongside Budget 2020 and Budget 2021.

Parking Provision

Questions (135)

Neasa Hourigan

Question:

135. Deputy Neasa Hourigan asked the Minister for Public Expenditure and Reform his plans and actions taken to date to enhance availability of and to ensure priority to disabled parking, parking for the elderly and those with reduced mobility as well as the provision of drop off locations in the Phoenix Park as referenced and suggested in the Phoenix Park Transport and Mobility Options Study Post-Consultation Report; and if he will make a statement on the matter. [49202/21]

View answer

Written answers

Designated parking spaces for people with disabilities or those with reduced mobility are available in all car parks at the Phoenix Park, including eleven at the Ashtown Visitor Centre car park, five at the Lords Walk car park near Dublin Zoo and eight in the car park at Farmleigh Estate. All of these car parks are linked to the footpath network in the Park providing access to an extensive network of surfaced routes for those using wheelchairs, buggies or other mobility aids.

The Office of Public Works is actively upgrading roads and car parks as part of routine care and maintenance in the Park. Improving accessibility is a key element of these ongoing, incremental works. In 2020 OPW marked and lined six car parks in the Phoenix Park and included provision for additional parking spaces specifically for people with disabilities. The recent works on the North Road also provided for dropped kerbs at key junctions to ensure greater accessibility for those in wheelchairs and those with limited mobility.

The Phoenix Park Transport and Mobility Options Study Post-Consultation Report, which was published in July 2021, recommends that a Parking Strategy be developed by OPW and this Office is committed to examining the best way to meet the parking needs of all users of the Park but in particular the elderly, disabled or reduced mobility users. In developing this strategy, the OPW will examine the possibility of providing additional drop-off points at suitable locations in the Park. Currently there is only one designated drop-off point which is situated at Dublin Zoo and the OPW recognises that more designated locations are required to meet the needs of certain Park visitors.

Any further upgrading of infrastructure in the Phoenix Park will be subject to the availability of funding and personnel capacity to deliver the projects.

Attached is the location of car parks with parking for people with disabilities.

Map

National Development Plan

Questions (136)

Bernard Durkan

Question:

136. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which projects that fall within the aegis of his Department and are within the revised National Development Plan are at an advanced stage at present or are in course thereof; the extent to which preliminary work has taken place or on-site works are in hand or proposed; the expected delivery date of each; and if he will make a statement on the matter. [49259/21]

View answer

Written answers

Due to the nature of its role, my Department has no NDP construction projects funded through its own Votes (Vote 11, Department of Public Expenditure and Reform; Vote 39, Office of Government Procurement; and Vote 43, Office of the Government Chief Information Officer (OGCIO)). The main purpose of capital projects and associated investment undertaken by my Department is to support greater effectiveness and efficiency across the Civil and Public Service through investing in ICT.

In that regard, the Deputy may be interested to note that one telecommunications NDP project fully funded by the European Union will be delivered by the OGCIO within this Department. It is building a national low latency network to ensure that the Public Service maximises the benefits and outcomes from 5G. The network will develop the capacity for public service innovation through increased connectivity and the use of new technologies. It will achieve this through the integration of Stand Alone 5G and other low latency technologies into a High Speed Low Latency National Platform. Once in place it will connect to Low Latency Front Haul peering from commercial carriers in Ireland, and a direct connection to the European mainland. It will allow for Research Agencies to do “R&D&I” in Agriculture and other areas including policing starting with Public Protection and Disaster Response.

Departmental Expenditure

Questions (137)

Peadar Tóibín

Question:

137. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform his views on the overpayment of rent to the landlords for the building from which the Department of Health operates on Baggot Street; the amount of overpayment that was made; when the attention of his Department was drawn to this matter; his views of whether or not the State will be able to recoup the overpayment; if his attention has been drawn to any other instances of the State or State bodies overpaying rent on premises which the State or State bodies are leasing; and if so, the details of such instances. [49306/21]

View answer

Written answers

The rent being paid by the Commissioners of Public Works (OPW) in respect of the offices at Block 1, Miesian Plaza is in accordance with the terms of the lease. However, the OPW has acknowledged that an error occurred and that they should have engaged with the Landlord and sought to recalibrate the rental rate as a result of the new measurement standard, International Property Management Standard 3, (IPMS3) introduced in early 2016.

The annual rent associated with the additional area under IPMS3 is €279,827 plus VAT. The impact to date is in the region of €1.4m plus VAT and if the situation continues unabated the impact over the 25 years of the lease could amount to between €7.7m and €8.6m plus VAT depending on the rate of inflation.

The issue was first identified during the course of an OPW internal review and subsequently in a Comptroller & Auditor General examination of the lease process in early 2018. Since then the OPW has continued to engage with the landlord in relation to the measurement standard applied as the basis of calculation of the annual rent. Further, without prejudice, meetings between the OPW and the Landlord were held over the last few months with the most recent meeting taking place at the end of September. The matters under consideration involve complex, commercial, property transactions and while there was constructive discussion around possible solutions towards resolution of the measurement issue at these meetings, further discussions will be necessary to bring the matter to a conclusion. Both the OPW and the Landlord are committed to continuing this process with a view to establishing if a solution that is acceptable to both parties can be reached.

I am informed by the OPW that a similar issue has not arisen in respect of any other lease held by them.

Pension Provisions

Questions (138)

Paul Kehoe

Question:

138. Deputy Paul Kehoe asked the Minister for Public Expenditure and Reform if he will consider an increase for the D1 stamp fixed pension recipients; and if he will make a statement on the matter. [49341/21]

View answer

Written answers

Class D PRSI generally applies to permanent and pensionable employees in the public service recruited before 6 April 1995 to whom Class B and C PRSI do not apply. This cohort of Public Servants pay modified Social Welfare Insurance. They do not have an entitlement to the Contributory State Pension.

In 2017 the Government agreed the pensions increase policy on public service pensions in payment for the period to end 2020 as an equitable approach to deal with the ongoing complexities arising from the unwinding of FEMPI pay related provisions. Given that this unwinding process will be ongoing over 2021 to 2022, the existing arrangements remain in place to end 2022 in advance of which I will consider the future policy approach on this issue.

The most recent guidance and instructions on this matter is outlined in Department of Public Expenditure and Reform Circular 10/2021 which is available on the Gov.ie website.

Flood Risk Management

Questions (139)

Paul Kehoe

Question:

139. Deputy Paul Kehoe asked the Minister for Public Expenditure and Reform the way flood that risk maps are created; the way a person who is of the view that their area has incorrectly been included in a flood risk area can query this with the possibility of being removed; and if he will make a statement on the matter. [49360/21]

View answer

Written answers

Flood hazard and flood risk maps, as required under Article 6 of the EU ‘Floods’ Directive, were prepared through the National CFRAM Programme and parallel projects, and published by the Office of Public Works (OPW) in 2016. These flood maps were prepared for existing conditions and for two potential future climate change scenarios. The flood maps are publicly available through the OPW flood portal; www.floodinfo.ie.

The flood maps are kept under constant review and are updated, if necessary, where:

- there is new infrastructure in place,

- it is known that a flood plain has changed, e.g., following the completion of a flood relief scheme, and/or,

- new information arises, such as after a significant flood event.

A review of the flood maps may be instigated by the OPW, based on direct observation or information provided by a local authority or another public body, or through a query raised or information provided by a member of the public or other stakeholder. The flood maps page of the OPW flood portal includes a ‘Feedback’ tab that provides access to feedback forms that interested parties can complete and submit to initiate a review of one or more flood maps.

The review of a relevant flood map comprises a two-stage process:

- An initial assessment of the request to determine if there is reasonable, robust evidence to indicate that a change to a flood map is required.

- A full review, that may require reassessment of the hydrology, re-survey or re-modelling of the area concerned.

Where a flood map is updated, the revised draft flood map is published on www.floodinfo.ie for comment for a period of 30 days.

Following this period, any comments received are reviewed and, if appropriate, any resultant amendments are made with the final flood maps produced and published on the website.

In addition to these flood maps, other national, indicative mapping has also been produced through one-off mapping exercises using less detailed assessments. These maps should not be used for decision-making without additional verification, as set out in the associated guidance notes provided on the website.

Departmental Correspondence

Questions (140)

Thomas Pringle

Question:

140. Deputy Thomas Pringle asked the Minister for Public Expenditure and Reform if there is internal correspondence in relation to a person (details supplied); if so, if that documentation will be made available to them; and if he will make a statement on the matter. [49458/21]

View answer

Written answers

All records held by my Department in relation to the individual referred to were released to that individual in June 2021 on foot of a Subject Access Request which they submitted.

Departmental Data

Questions (141)

Holly Cairns

Question:

141. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform the number of State boards under the remit of his Department or its agencies in tabular form; the number of members of each board; the number of women on each board; and the percentage of each board that is made up of women. [49565/21]

View answer

Written answers

Enhanced gender diversity on State Boards is a long standing commitment of Government and is also important in terms of enhancing the effectiveness of State Boards. I am strongly committed to building on the progress made in recent years in this regard.

The Deputy may be aware that in September 2020 I published an Annex to the Code of Practice for the Governance of State Bodies. The Annex deals with Gender Balance, Diversity and Inclusion. Provisions included in this Annex are specifically aimed at improving diversity on State Boards such as reducing the board terms and facilitating greater turnover of Board members.

In addition, the annual Chairperson's comprehensive report to the relevant Minister must set out progress being made in addressing gender equality and diversity issues; where the Board stands vis-à-vis the 40% gender balance requirements; measures being taken to address where the 40% requirements are not met and specifically measures being taken to address the situation where a Board is either all male or all female.

Most importantly each Board should carry out an annual self-assessment evaluation and this process should incorporate a detailed analysis and critical assessment of the gender, diversity and skills mix within the Board, including where relevant a critical assessment of the reasons why gender balance in Board membership has not yet been achieved.

The information requested by the Deputy regarding the State Boards under the remit of my Department and the bodies under the aegis of my Department is set out below.

Board

Number of Current Members

Number of Current Female Members

% of Current Female Members

Data Governance Board

12

6

50%

Bodies under the aegis

Public Appointments Service

8*

5

63%

National Shared Services Office

9

4

44%

*The PAS Board has nine members when fully constituted.

Brexit Supports

Questions (142)

Pauline Tully

Question:

142. Deputy Pauline Tully asked the Minister for Public Expenditure and Reform if Ireland’s share of the Brexit Adjustment Reserve, which is approximately €1 billion, will be targeted at the Border region in which Brexit has hit hardest. [46654/21]

View answer

Written answers

Ireland has been allocated €1.065 billion in constant (2018) prices, equivalent to €1.165 billion in current prices. This represents 21% of the total value of the Reserve, the largest allocation for any Member State. The reference period for expenditure under the Reserve runs from 1 January 2020 to 31 December 2023.

The objective of the Reserve is to provide support to counter the adverse economic, social, territorial and, where appropriate, environmental consequences of the withdrawal of the UK from the EU. Importantly, the Reserve may only support measures specifically taken by Member States to contribute to this objective.

Ireland has already spent a considerable amount on preparing for Brexit, with successive Budgets since the UK referendum providing significant supports for business and the agri-food sectors, as well as the infrastructure required at the port and airport to maintain the flow of east west trade.

Possible areas for support under Reserve include enterprise supports; supports for the agri-food sector; fisheries; reskilling and retraining; and infrastructure for the ports and airport.

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