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Wednesday, 9 Feb 2022

Written Answers Nos. 47-61

Cybersecurity Policy

Questions (47)

Sorca Clarke

Question:

47. Deputy Sorca Clarke asked the Minister for the Environment, Climate and Communications the measures taken to increase Ireland’s cyber-security; and if he will make a statement on the matter. [7108/22]

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Written answers

The National Cyber Security Strategy 2019-2024 is a whole-of-Government strategy to address the growing threat of cyber security incidents, to ensure Ireland can benefit fully from the digital transformation. The Strategy includes 20 separate measures to safeguard public sector networks and essential services, to support the development of Ireland's cyber security industry and ensure we play our part in defending a free, open, secure and stable cyberspace.

As part of the implementation of the Strategy, in 2021 external consultants were commissioned to conduct a Capacity Review and to benchmark the National Cyber Security Centre (NCSC) with similar agencies in Europe and internationally. On foot of the Review, in July the Government agreed a number of measures to support the continued development of the NCSC over the coming five years. The measures agreed include increasing the overall fulltime staffing complement of the NCSC to at least 70 over the next 5 years, with a first tranche of an additional 20 staff recruited by the end of the year bringing the serving complement to 45. A cyber security graduate training programme will also be introduced. In addition, the General Scheme of a Bill will be prepared for Government approval to establish the NCSC on a statutory basis and provide for related matters including clarity around its mandate.

The NCSC also has an extremely strong relationship with both the Defence Forces and An Garda Síochána, including in sharing information on trends, developments and incidents and in sharing capacity and best practice. The NCSC also works to support Government Departments and other public bodies to improve the resilience and security of their IT systems to better protect services that people rely upon, and their data, and the NCSC works very closely with the Office of the Government Chief Information Officer (OGCIO) in this regard.

My Department has also recently published the baseline cyber security standard to be applied by all Government Departments and Agencies. The NCSC has worked with colleagues across Government to develop the standard which will support public bodies to identify cyber risks, deploy appropriate mitigation measures, and protect personal and other important data. In addition, the Computer Security Incident Response Team (CSIRT) based within in the NCSC, has developed and deployed technology on the infrastructure of a Government Departments, to detect and warn of certain types of threat.

Road Safety

Questions (48, 55)

Seán Canney

Question:

48. Deputy Seán Canney asked the Minister for Transport if his attention has been drawn to the profound negative effects that LED lighting is having on some persons and that they are now prisoners in their homes as a result of the roll out of LED public lighting and all associated LED lighting; and if he will make a statement on the matter. [6934/22]

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Seán Canney

Question:

55. Deputy Seán Canney asked the Minister for Transport if he will cease the practice of using LED lights in all public lighting due to the negative impact it is having on some citizens; and if he will make a statement on the matter. [6932/22]

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Written answers

I propose to take Questions Nos. 48 and 55 together.

As Minister for Transport I have responsibility for overall policy and exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the operation and management of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned including the provision of public lighting on national roads. This includes the matter of the lighting of national roads.

For further details, I have referred your question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.

With regard to public lighting in other locations, this falls under the jurisdiction of the Road Management Office and the relevant Local Authorities, and the Deputy should contact them for directly for further information.

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

Driver Licences

Questions (49)

Verona Murphy

Question:

49. Deputy Verona Murphy asked the Minister for Transport the current status on the recognition of Ukrainian HGV driving licences in Ireland; when an agreement will be signed on to recognise such licences in Ireland; and if he will make a statement on the matter. [6770/22]

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Written answers

Work is progressing between the Road Safety Authority and the Ukrainian authorities to establish an exchange agreement on driving licences between our two countries. Technical matters are currently being examined. It is not possible to give a timeframe for when an agreement, if any, will be signed.

I wish to draw to the Deputy's attention that driving licence exchange agreements are not a straightforward matter, and reaching them is not a matter of political will. The core principal in reaching an agreement is to ensure the continued safety of road users and they can be made only when the relevant authorities in each jurisdiction have studied and compared the two licensing regimes, so that each side can be satisfied that they are compatible.

Cycling Facilities

Questions (50)

Róisín Shortall

Question:

50. Deputy Róisín Shortall asked the Minister for Transport if his attention has been drawn to a media report (details supplied); his views on the provision of cycling infrastructure in the Luas Finglas preferred route; and if he will make a statement on the matter. [6780/22]

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Written answers

I can confirm that I am aware of the media report referred to by the Deputy regarding the provision of cycle infrastructure along the Luas Finglas corridor.

I am seeking information from both Transport Infrastructure Ireland and the National Transport Authority (NTA) regarding the matter in question and intend to discuss the issue with both parties.

As Minister for Transport I have responsibility for policy and overall funding in relation to Active Travel. The NTA has responsibility for the planning and development of public transport infrastructure, including cycling and walking infrastructure in conjunction with the relevant local authorities. I can assure the Deputy that both I and the NTA are committed to the provision of high quality continuous north-south cycle infrastructure along the Luas Finglas corridor.

Rail Network

Questions (51)

Paul Murphy

Question:

51. Deputy Paul Murphy asked the Minister for Transport his views on whether the MetroLink to Knocklyon, County Dublin is seriously deficient in aspects (details supplied). [6857/22]

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Written answers

I think it important to set out what are two different processes currently underway both of which relate to the potential future development of metro in Dublin.

Firstly we have the MetroLink project, which is likely the largest ever public investment project in the history of the State. It faces two imminent and important milestones in the coming months - Government approval of the Preliminary Business Case in line with the requirements of the Public Spending Code and the submission of a Railway Order application to An Bord Pleanála. The MetroLink project has been subject to extensive non-statutory public consultation and comprises the 19km route from north of Swords to the southern edge of the city centre, as outlined in the Preferred Route published by Transport Infrastructure Ireland.

Secondly we have the statutory review of the Transport Strategy for the Greater Dublin Area. The Dublin Transport Authority Act 2008 (as amended) stipulates that the Strategy must be reviewed every six years and this review provides an opportunity to re-examine and re-consider proposals for inclusion in the revised Strategy. The National Transport Authority (NTA), as part of its review, considered whether additional metro routes, above and beyond MetroLink, should be included in any revised Strategy.

As you are aware, the NTA published the draft Strategy in November 2021, along with a suite of background reports (including the Metro to Knocklyon Feasibility Study), to facilitate an informed public consultation process which has only just recently concluded. Submissions received as part of that consultation process are now under review by the NTA.

Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for a direct reply. Please contact my private office if you do not receive a reply within 10 days.

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

Transport Policy

Questions (52)

Paul Murphy

Question:

52. Deputy Paul Murphy asked the Minister for Transport when the summary of responses from the population of south-west Dublin will be made public in relation to the draft review of the transport strategy for the greater Dublin area; and the point at which the process to finalise the draft review of the next public interaction will take place. [6858/22]

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Written answers

As the Deputy is aware, the National Transport Authority (NTA) published a draft revised Transport Strategy for the Greater Dublin Area 2022-2042 last November for public consultation. The public consultation process ended on 10 January.

The development of the strategy and the need for it to be reviewed every six years is a statutory function of the NTA and the process relating to that development and review is set out in section 12 of the Dublin Transport Authority Act 2008 (as amended). Ultimately a draft Strategy will be submitted to me for Ministerial approval as provided for in the Act.

Noting their responsibility in relation to the development of the Strategy, I have referred the Deputy's question to the NTA for a direct reply. Please contact my private office if you do not receive a reply within 10 days.

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

Rail Network

Questions (53)

James Lawless

Question:

53. Deputy James Lawless asked the Minister for Transport if there are plans to improve the accessibility of Sallins train station (details supplied); and if he will make a statement on the matter. [6884/22]

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Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has statutory responsibility for securing the provision of accessible public passenger transport services in conjunction with the respective service operator.

In that regard, the concerns relating to the accessibility of Sallins train station, are a matter for Irish Rail and I have forwarded your correspondence to the company for direct reply. Please advise my private office if you do not receive a response within ten working days.

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

Tax Code

Questions (54)

Seán Canney

Question:

54. Deputy Seán Canney asked the Minister for Transport if he will change the rules in relation to the motor tax for commercial vehicles to allow sons and daughters of elderly farmers avail of the reduced motor tax charge given that they use the commercial vehicle to undertake farming activities to support their parents that cannot drive and rely on this support; and if he will make a statement on the matter. [6917/22]

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Written answers

Under Article 3 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (SI 385 of 1992), a licensing authority must be satisfied that the motor tax paid is appropriate for the vehicle concerned.

Motor tax is based on both the construction and use of a vehicle. Where someone applies for their vehicle to be taxed at the goods rate, the vehicle must be constructed or adapted as a goods vehicle and used solely for the carrying of goods in the course of trade or business.

It is up to the applicant to demonstrate an entitlement to a particular motor tax rate for their vehicle. For the goods rate of motor tax, required documentation may include a certificate of commercial insurance, a tax clearance certificate, evidence of registration for tax or VAT or other appropriate documentation to show the applicant is in trade or business and that the vehicle will be used for that purpose.

Question No. 55 answered with Question No. 48.

Primary Medical Certificates

Questions (56)

Niamh Smyth

Question:

56. Deputy Niamh Smyth asked the Minister for Finance the number of primary medical certificate appeals waiting to be assessed by county in tabular form; and if he will make a statement on the matter. [6921/22]

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Written answers

The Disabled Drivers & Disabled Passengers Scheme (DDS) provides relief from VRT and VAT on the purchase and use of an adapted car, as well as an exemption from motor tax and an annual fuel grant.

The Scheme is open to severely and permanently disabled persons who also meet one of six specified medical criteria, as a driver or as a passenger and also to certain 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. In the event that a PMC is not granted by the relevant Senior Area Medical Officer an appeal may be made to the independent Disabled Drivers Medical Board of Appeal (DDMBA) who operate out of the National Rehabilitation Hospital in Dun Laoghaire.

The table below shows data provided by the HSE on the number of people waiting to be assessed for a Primary Medical Certificate by the HSE at December 2021.

Number of people waiting to be assessed for a primary medical certificate at December 2021

CHO 1

75

CHO 2

46

CHO 3

87

CHO 4

82

CHO 5

63

CHO 6

5

CHO 7

21

CHO 8

69

CHO 9

5

Total

453

Tax Code

Questions (57)

Cathal Crowe

Question:

57. Deputy Cathal Crowe asked the Minister for Finance his views on whether the taxation treatment of second homes leased to renters is fair to middle income earners and a possible factor in the recent rent hikes. [6942/22]

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Written answers

It is assumed that the Deputy's question relates to the tax treatment of the lessor in a rental transaction involving a second home.

It is a general principle of taxation that, as far as possible, income from all sources should be subject to taxation. Ireland has a progressive income tax system which is structured such that the more income you have, the more tax you pay. As a person’s income increases, they move up through the various rates and bands and, as a result, while the levels of take home pay increase overall, the amount of tax they pay also increases.

However, if the issue behind the Deputy's question is whether the current tax treatment of private landlords is a factor that is driving rent price increases, I would note that tax changes in this space in recent years have been aimed at encouraging supply through a relatively modest reduction in the burden of taxation on such persons. Essentially, they involved the implementation of two of the short-term options presented in the Report of the Working Group on the Tax and Fiscal Treatment of Rental Accommodation Providers (2017). The first related to allowing deductibility for pre-letting expenditure for previously vacant properties (extended recently in Finance Act 2021). The second restored to 100% from January 2019 the amount of interest that can be deducted on mortgages for residential rental properties.

Owners of rental properties are entitled to claim deductions and reliefs from gross rents for various expenses relating to their rental property. These expenses include any rent payable in respect of the premises, general repairs & maintenance (capital expenditure excluded), insurance and management fees, rates, service charges, accountancy fees and certain mortgage protection policy premiums.

For the Deputy's information, the following table summarises the ten options set out in the report that I mention above:

Short-term options

Accelerated restoration of full mortgage interest deductibility for landlords of residential property

Introducing Local Property Tax deductibility for landlords

Enhancing loss relief for landlords (or a sub-set of landlords), to allow relief for rental losses against other income sources in the same year

Introducing deductibility for pre-letting expenditure for previously vacant properties

Improvements in the collection and sharing of data on the rental accommodation sector

Medium-term options

Allowing a deduction against rental income for an element of the capital cost of the rental property in the initial years of ownership, with a corresponding reduction in the base cost of the property for Capital Gains Tax purposes on a future disposal

Capital Gains Tax relief for properties acquired and retained as rental accommodation

Incentive to attract investment capital into the construction of property, in areas of need, to be let at social / affordable rents.

Long-term options

Review of provisions for the holding of rental property via pension vehicles

Consideration of developing a separate method of taxing rental income, for example, a flat tax or a separate rate of tax, as a policy lever to support the sector as a whole or specific sub-sectors (for example, affordable housing/urban housing)

A copy of the full report is available at: www.gov.ie/en/collection/51d1c-budget-2018/.

Under the Housing for All strategy, my Department is committed to review the recommendations of the Working Group by Q3 2022. This work will be undertaken in the coming months.

Tax Reliefs

Questions (58)

Richard Bruton

Question:

58. Deputy Richard Bruton asked the Minister for Finance the nature of activities which benefit from section 110 benefits; if the benefits of this regime was recently reviewed from a national perspective; and if he will make a statement on the matter. [7092/22]

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Written answers

Section 110 of the Taxes Consolidation Act 1997 sets out a regime for the taxation of special purpose companies set up to securitise assets. The tax provisions are intended to create a tax neutral regime for bona-fide securitisation and structured finance purposes. The section 110 regime enables noteholders to invest through one structured vehicle, without giving rise to an additional layer of tax as compared to a direct investment in the underlying assets.

Securitisation allows banks to raise capital and to share risk and, by providing a repackaging and resale market for corporate debt, it lowers the cost of debt financing. It is accepted that having the option for more diversified sources of financing is good for investment and business. It is also important for financial stability in the economy, as the ability to securitise loan books plays an important role in allowing banks to meet their capital requirement obligations and to continue lending to businesses and individuals.

To come within the section 110 regime, a company must be a “qualifying company” and fulfil a number of conditions, including in relation to the type of assets that the company can hold and in turn the nature of activities that may be undertaken by the company. To be a qualifying company, section 110 TCA 1997 requires (among other things) that:

(1) The company is tax resident in Ireland and carries on the business of holding or managing "qualifying assets". Generally speaking, qualifying assets are assets in respect of which securitisation transactions are undertaken. This includes a broad range of financial and other assets including shares, bonds, derivatives, loans, deposits, commodities, plant and machinery and invoices and other types of receivable.

(2) The value of qualifying assets is at least €10 million at the time they were acquired by the section 110 company.

(3) Apart from the holding or managing of the qualifying assets, the company is not carrying on any other activities.

Department of Finance officials, together with officials in Revenue, monitor the sector and the operation of section 110 on an ongoing basis, with a view to taking action should it be deemed necessary.

For example, in 2019 Department officials prepared a report on Real Estate Investment Trusts, Irish Real Estate Funds and section 110 companies as they invest in the Irish property market. This report was presented to the Tax Strategy Group in July 2019 and informed the amendments to the section 110 regime introduced in Finance Act 2019. These amendments strengthened the significant restrictions to the deductions which a section 110 company can claim for payment of profit participating notes to a specified person. The amendments also placed the section’s main purpose test on an objective basis, which enables Revenue to more effectively challenge abuse of the legislation.

Office of Public Works

Questions (59)

Seán Sherlock

Question:

59. Deputy Sean Sherlock asked the Minister for Public Expenditure and Reform if he plans to replace the current commissioner structure at the Office of Public Works with a new assistant secretary level senior management team given OPW’s recent appointment in this regard; his further plans to reorganise and restructure the OPW; and if he will make a statement on the matter. [6948/22]

View answer

Written answers

I am advised that the Chairman with responsibility for the Office of Public works will respond directly to the Deputy on these matters.

Office of Public Works

Questions (60)

Seán Sherlock

Question:

60. Deputy Sean Sherlock asked the Minister for Public Expenditure and Reform the term of the current chairman of the Office of Public Works; if he envisages any change in grade of title given recent changes to the commission structure and ahead of any new recruitment to this post; and if he will make a statement on the matter. [6949/22]

View answer

Written answers

I am advised that the Chairman with responsibility for the Office of Public works will respond directly to the Deputy on these matters.

Office of Public Works

Questions (61)

Seán Sherlock

Question:

61. Deputy Sean Sherlock asked the Minister for Public Expenditure and Reform if he is satisfied that the levels of staffing, the relevance of the staffing profile and the structure of OPW is such that it is able to operate effectively particularly as this relates to projects for which it is responsible for expediting under the National Development Plan; and if he will make a statement on the matter. [6950/22]

View answer

Written answers

I am advised that the Chairman with responsibility for the Office of Public works will respond directly to the Deputy on these matters.

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