Written Answers Nos. 38-53
38. Deputy Éamon Ó Cuív asked the Minister for Transport the proposed upgrades to be carried out on the Athenry to Galway railway line; the sources of funding for this work; and if he will make a statement on the matter. [15269/22]
View answerAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. The National Transport Authority (NTA) has, on a non-statutory basis, responsibility for the planning and development of public transport infrastructure in the Galway City Area, including in consultation with Iarnród Eireann, railway infrastructure.
Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for a more detailed reply to the specific questions asked. Please contact my private office if you do not receive a reply within 10 days.
39. Deputy Louise O'Reilly asked the Minister for Transport the number of contracts that his Department has with a company (details supplied); the location, nature, value and type of contract in each case; and if he will make a statement on the matter. [15417/22]
View answerWhile my Department does not have contracts with Roadbridge, it has been providing funding to Limerick City and County Council for the construction of the Coonagh to Knockalisheen road scheme which was awarded about a year ago to Roadbridge. Limerick City and County Council was the awarding body for this scheme and the Council is now examining the most effective and efficient way to complete this construction project. The Department will continue to work with the Council to ensure the completion of this NDP project.
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 planning, design and construction of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code and the necessary statutory approvals.
I understand that TII has a number of contracts with Roadbridge and will therefore be best placed to advised the Deputy on these. Noting the above position, I have referred your question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.
40. Deputy Niamh Smyth asked the Minister for Transport if matters raised in correspondence by a local authority (details supplied) will be reviewed; if these concerns will be addressed; if a response will issue to same; and if he will make a statement on the matter. [15424/22]
View answerThe improvement and maintenance of regional and local roads is the statutory responsibility of each local authority and Exchequer funding is intended to supplement local authorities’ own resources.
The major cuts to funding for regional and local roads during the post 2008 recession resulted in the build-up of a substantial backlog of works across the country. The estimated cost of the backlog is in excess of €5 billion.
Because of the pressures on the regional and local road network, approximately 90% of available Exchequer grant assistance to local authorities for regional and local roads is being directed to maintenance and renewal works rather than for new roads or for road realignments.
In this context there has been significant increases in Exchequer grants for regional and local roads particularly in the recent years. The 2022 regional and local road grants were notified to local authorities on the 15th February and Monaghan County Council has been allocated a total of €15,868,600 million which compares to an allocation of €7,684,950 million in 2017.
The Department's grant funding for the maintenance of regional and local roads is allocated to local authorities on a pro-rata basis, determined mainly by the length of the regional and local road network in the county. The Department appreciates that, within the overall parameters set for the grant programme, local authorities might need to target funding at particular problem areas and there is sufficient flexibility in the structure of the grant programme to allow for this. It is also open to each local authority to allocate its own resources to priority areas.
A response to the correspondence referred to will issue to Monaghan County Council shortly.
41. Deputy Réada Cronin asked the Minister for Finance if his Department will request banks not to impede access to mortgages for those workers that would ordinarily be approved for the pandemic unemployment payment given the extraordinary circumstances of the Covid-19 pandemic; and if he will make a statement on the matter. [15118/22]
View answerSince the COVID-19 situation first arose, I have maintained contact with the Banking and Payments Federation Ireland (BPFI) and banks on the measures the sector has put in place to assist their customers who are economically impacted by the pandemic. In relation to the particular issue of new mortgage lending, the main retail banks previously confirmed that they are considering mortgage applications and mortgage drawdowns in relation to their customers who were on employment supports on a case by case basis and that they are taking a fair and balanced approach.
In addition, the Central Bank has indicated that it expects all regulated firms to take a consumer-focused approach and to act in their customers’ best interests at all times. If a mortgage applicant has any queries or concerns about the impact of COVID-19 on their mortgage application they should in the first instance contact their lender directly.
Nevertheless, there are also general consumer protection requirements which govern the provision of mortgage credit to consumers. For example, the European Union (Consumer Mortgage Credit Agreements) Regulations 2016 (CMCAR) provide that, before concluding a mortgage credit agreement, a Central Bank regulated mortgage lender must make a thorough assessment of the consumer’s creditworthiness with a view to verifying the prospect of the consumer being able to meet his or her obligations under the credit agreement.
The CMCAR further provides that a lender should only make credit available to a consumer where the result of the creditworthiness assessment indicates that the consumer’s obligations resulting from the credit agreement are likely to be met in the manner required under that agreement. The assessment of creditworthiness must be carried out on the basis of information on the consumer’s income and expenses and other financial and economic circumstances which are necessary, sufficient and proportionate.
In addition, the Central Bank’s Consumer Protection Code 2012 imposes ‘Knowing the Consumer and Suitability’ requirements on regulated lenders. Under these requirements, lenders are required to assess affordability of credit and the suitability of a product or service based on the individual circumstances of each borrower. The Code specifies that the affordability assessment must include consideration of the information gathered on the borrower’s personal circumstances and financial situation. Furthermore, where a lender refuses a mortgage application, the CMCAR requires that the lender must inform the consumer without delay of the refusal. In addition, the Code states that the lender must clearly outline to the consumer the reasons why the credit was not approved and provide these reasons on paper if requested.
Within this regulatory framework, the decision to grant or refuse an application for mortgage credit remains a commercial matter for the individual lender and it is not possible for me to give instructions to lenders on such matters. However, if a mortgage applicant is not satisfied with the way a regulated firm is dealing with them in relation to an application for a mortgage or the drawn down of a mortgage, or they believe that the regulated firm is not following the requirements of the Central Bank’s codes and regulations or other financial services law, they should make a complaint directly to the regulated firm. If the mortgage applicant is still not satisfied with the response from the regulated firm, they can refer the complaint to the statutory Financial Services and Pensions Ombudsman.
42. Deputy Catherine Murphy asked the Minister for Finance if he has engaged a company (details supplied) in respect of the services it provides from 2011 to date in 2022; the number of times he has engaged this company; the services used; and the total cost of all engagements with this company. [15180/22]
View answerI wish to advise the Deputy that the company in question has been engaged by my Department on 18 occasions since 2011, they have been paid a total of €10,883.24 from 2011 to date.
|
2011 |
Total cost (exclusive of VAT) |
Purpose of engagement |
|
€102.60 |
Translation of a document from English to Icelandic and Norwegian |
|
|
€70.00 |
Translation of an article from German to English |
|
|
2012 |
||
|
€105.00 |
In person Russian translation – Uzbek delegation |
|
|
2014 |
||
|
€5,507.83 |
Translation of nine word documents from French into English |
|
|
2016 |
||
|
€2,916.36 |
Translation of document from Spanish to English |
|
|
€558.00 |
Translation of document from German to English |
|
|
2019 |
||
|
€142.60 |
Translation of document from English to Irish |
|
|
2020 |
||
|
€180.91 |
Translation of document from English to Irish |
|
|
€72.68 |
Translation of document from English to Irish |
|
|
€18.09 |
Translation of document from English to Irish |
|
|
€92.43 |
Translation of document from English to Irish |
|
|
€72.92 |
Translation of document from English to Irish |
|
|
€35.31 |
Translation of document from English to Irish |
|
|
€2.21 |
Translation of document from English to Irish |
|
|
€2.92 |
Proofreading |
|
|
€17.70 |
Proofread and translation of document |
|
|
€53.64 |
Translation of document from English to Irish |
|
|
€932.04 |
Translation of document from English to Irish |
|
|
Total |
€10,883.24 |
43. Deputy Kathleen Funchion asked the Minister for Finance if his Department plans to review the current small tax benefit particularly around the stipulation allowing businesses to claim tax against one voucher for staff within a financial year and not multiples of up to €500; and if he will make a statement on the matter. [15255/22]
View answerI am advised by Revenue that, where an employer provides an employee or director with a small benefit, that is, a voucher or a benefit (a tangible asset other than cash) with a value not exceeding €500, that benefit will be exempt from Income Tax, PRSI and USC, provided all of the conditions, contained within section 112B of the Taxes Consolidation Act 1997 are satisfied.
The conditions are as follows -
- the incentive is provided in the form of a voucher or other non-cash item;
- where the incentive provided is in the form of a voucher, this voucher must only be for the purchase of goods or services and must not be capable of being exchanged in part or in full for cash;
- the value of the incentive does not exceed €500; and
- the incentive does not form part of a salary sacrifice arrangement.
Where all of the conditions are not satisfied, the exemption does not apply and the benefit is subject to tax in the usual way, in accordance with section 112 TCA 1997.
Concessional Treatment – COVID 19 circumstances
Due to the unprecedented nature of the COVID-19 pandemic, employers may have wanted to recognise efforts of frontline or other key staff working during the crisis, either by accelerating part of a reward usually made later in the year or making an additional award.
Following the start of the COVID-19 pandemic, Revenue has in certain circumstances concessionally waived the requirement that only one voucher issues per year for the 2020 and 2021 tax years and has permitted an employer to issue two vouchers to the (maximum) value of €500. This concessionary treatment will continue to apply for 2022. It applies where the additional award is related to an employee's exceptional efforts during the COVID-19 pandemic and where the employee continued to work during the restricted period.
All other conditions of section 112B TCA 1997 must be met, for example the maximum cumulative value of incentives must not exceed €500 and the voucher or incentive must not be redeemable, in full or in part, for cash. Appropriate documentation must be retained by an employer where this concession is availed of.
Further information on the small benefit exemption is available on Revenue’s website including in Tax and Duty Manual Part 05-01-01e.
The scheme continues to be kept under review by my officials but any changes to the scheme could create an additional cost which must be recovered elsewhere.
44. Deputy Peter Burke asked the Minister for Finance if VAT reclaim on fuel costs will be considered for bus and coach operators given the current prohibitive costs of fuel which is having a severe impact on businesses; and if he will make a statement on the matter. [15399/22]
View answerI am advised by Revenue that the VAT rating of goods and services is subject to EU VAT law, with which Irish VAT law must comply. In general, the VAT Directive provides that all goods and services are liable to VAT at the standard rate, currently 23% in Ireland, unless they fall within categories of goods and services specified in the Directive, in respect of which Member States may apply a lower rate or exemption from VAT. In addition, the Directive allows for historic VAT treatment to be maintained under certain conditions and Ireland has retained the application of VAT exemption to the transport of passengers and their accompanying baggage. This means that the supplier does not register for VAT, does not charge VAT on the supply of their services and has no VAT recovery entitlement on costs where such costs are used for the exempt supply of passenger transport.
Ireland may continue to apply the VAT exemption on the supply of domestic passenger transport as governed by Article 371 of the VAT Directive; however, it cannot change the conditions under which the exemption was granted. In accordance with the Directive, a reduced rate of VAT (Ireland currently has two reduced VAT rates, 9% and 13.5%) could be introduced to the supply of passenger transport in place of the exemption that currently applies; this would give the transport operator deductibility in relation to VAT on their business inputs but would involve charging passengers VAT on their fares. Under the Directive it is not possible to apply the zero rate in Ireland to these services, as their supply was never zero rated in the past.
45. Deputy Louise O'Reilly asked the Minister for Finance the number of contracts that his Department has with a company (details supplied); the location, nature, value and type of contract in each case; and if he will make a statement on the matter. [15407/22]
View answerI wish to advise the Deputy that my Department has no contracts with the company in question.
46. Deputy Seán Haughey asked the Minister for Public Expenditure and Reform if he will put a system in place to allow for the recruitment of personnel to work in paid or unpaid employment in Government Departments such as the Department of Justice and the Department of Social Protection to help administer the arrival of the refugees from Ukraine to Ireland; and if he will make a statement on the matter. [15113/22]
View answerThe invasion of Ukraine has had tragic humanitarian consequences, the full impact of which are continuing to unfold. Ireland, with our EU and other partners, is committed to taking action to help Ukraine and its people.
My Department is currently working with the Minister for Finance other Government Departments in respect of estimating potential resources that may be required to support the influx of Ukrainian nationals and residents following the activation earlier this month of the EU Temporary Protection Directive (2001/55 EC) and the consequential impacts on public expenditure. A team has been established within my Department to coordinate this input to Government planning and Ireland’s overall response. The Secretary General will participate in the weekly meetings of Secretaries General of Government Departments, which will monitor developments and coordinate necessary actions, and provide weekly reports to Government.
Our Government Departments and Agencies play a critical role in welcoming Ukrainian arrivals at our airports and ports. As part of their emergency response to the unfolding crisis, all Departments are assessing their human resource requirements and are initially redeploying staff as appropriate.
In my role as Minister for Public Expenditure and Reform, I have overarching responsibility for workforce planning in, and recruitment to, the civil service. The Public Appointments Service (PAS), which is a statutory body under my Department’s aegis, is the principal recruiter for the civil and public service.
The Client Relations Management structures within PAS ensure that there is continuous engagement in relation to the resourcing needs of its civil and public service clients. Adopting a demand-led approach to recruitment, vacancies are filled as and when required by employing Departments or Agencies subject to compliance with overall pay and numbers allocation. Officials in my Department are continuing to work closely with PAS at this time.
In summary, the situation is evolving rapidly and both I and my Department continue to respond accordingly.
47. Deputy Michael Lowry asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 43 of 2 February 2022, the reason that a person (details supplied) in County Tipperary was refused accesses to the one person one salary scheme; the appeals mechanisms that are available to this person; and if he will make a statement on the matter. [15168/22]
View answerI refer the Deputy to my earlier reply in this matter as set out in Parliamentary Question No. 43 of 2 February 2022.
The general objective of the One Person One Salary principle is that public servants should not receive additional remuneration for undertaking other duties in the public service. While the initial policy focused primarily on board fees, it has been expanded over time to cover any type of potential second income from a public service source that might accrue to a civil or public sector employee.
Additional payment may be made for undertaking other work in the public sector if certain conditions apply. Sanction for such payments are considered where Departments put forward a supporting business case and where it is established, that each of the following conditions is met:
1. that the duties involved are neither a part nor an extension of the officer’s normal duties, and
2. that a rigid insistence on the principle of one person-one salary would deny scarce skills to the State, and that payment is permitted for one additional appointment only, and
3. that the approval of the Department of Public Expenditure and Reform for additional payments is required in each case, and
4. that in no case should payment exceed the normal fee for the activity concerned, and
5. that the duration of such payment should be limited to one term or 5 years whichever is greater.
Where a Department is satisfied that each of the conditions is met, application for sanction should be made to my Department. Such applications are considered and a decision is given by reference to the conditions quoted above.
It is normal practice that such cases are made by a Department based on an identified business need and not by an individual who is seeking an additional payment. Consequently, there is no appeals mechanism available to an individual.
48. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if he has engaged a company (details supplied) in respect of the services it provides from 2011 to date in 2022; the number of times he has engaged this company; the services used; and the total cost of all engagements with this company. [15186/22]
View answerThe information requested by the Deputy is set out in the table below. I wish to advise the Deputy that each engagement with the named company was for the purposes of providing a translation service.
|
Year |
Number of engagements |
Total Spend |
|
2022 (to-date) |
0 |
0 |
|
2021 |
8 |
€2,501 |
|
2020 |
14 |
€7,008 |
|
2019 |
15 |
€12,699 |
|
2018 |
2 |
€1,249 |
|
2017 |
2 |
€5,323 |
|
2016 |
0 |
0 |
|
2015 |
0 |
0 |
|
2014 |
0 |
0 |
|
2013 |
2 |
€2,696 |
|
2012 |
2 |
€2,183 |
|
2011 |
0 |
0 |
49. Deputy Darren O'Rourke asked the Minister for Public Expenditure and Reform if he plans to include additional bodies or companies that receive Exchequer funding to be included under freedom of information legislation. [15210/22]
View answerThe Freedom of Information Act 2014 greatly expanded the number of bodies that are subject to the legislation. Where previously, bodies had to be explicitly listed in the legislation for FOI to apply to them, in the updated legislation, any entity that meets a broad set of criteria is subject to FOI by default. At present, approximately 600 diverse organisations are subject to FOI, across the civil and public sector. The criteria are generally concerned with governance and control of the entity.
However, it is important to be clear of the full extent of the reach of FOI. Often what is referred to as "state funding" of an organisation in fact comprises of remuneration for services provided to a state body. Where this is the case, the FOI legislation provides for access to records, even where they may be physically held by a private company or body, where they relate to a service to provided to a public sector body that is subject to FOI.
Therefore, the reach of the FOI legislation as it is presently structured is comprehensive in terms of state entities, and the legislation can in appropriate cases go beyond this in order to ensure that functions performed by state entities cannot be "contracted out" so as to avoid FOI. In this context, there are at present no specific plans to expand the already broad scope of the FOI legislation.
However, I have initiated a review of the FOI legislation and related issues which is ongoing in my Department. An initial public consultation took place in late 2021, with almost 1,200 submissions from all sectors. A document setting out the key themes identified by this process will be published in the coming weeks, which will be followed by a further chance for all interested stakeholders to have their say.
The review will provide an opportunity to plot a course for FOI policy as well as in general "doing transparency" more effectively and in a manner that is fit for today's world and workplace. I would like again to take this opportunity to encourage all members of this House, and any other interested parties, to engage with the review process in order to provide the benefit of their experience and insights, and any comments, queries or suggestions they may have.
50. Deputy Darren O'Rourke asked the Minister for Public Expenditure and Reform the number of full-time OPW staff by job title currently working in Trim Castle; the number of vacancies by job title; and when each of the vacancies will be filled in tabular form. [15211/22]
View answerPlease see table attached which outlines details of full-time OPW staff working in Trim Castle and the number of vacancies by job title.
|
OPW Staff based at Trim Castle |
No. Staff |
Employment Type |
Vacancies |
Comment |
|
Head Guide |
1 |
Permanent |
1 |
Head Guide going on a Career break from April 1st. The vacancy was advertised internally, closing date for receipt of application is March 23rd |
|
Guide |
2 |
Permanent |
0 |
1 works 5 days a week all year round, working at Brú na Bóinne for 3 days per week when Castle is open weekends only.The second works weekends only in the off season and full time while Castle is open to the public 7 days a week. |
|
Guide |
2 |
Long Term Seasonal |
0 |
All work 5 days per week from the beginning of February to beginning of November (38 weeks) |
51. Deputy Patrick Costello asked the Minister for Public Expenditure and Reform if the Revenue Commissioners will be instructed to increase the standard mileage allowance for HSE staff to account for the rising price of petrol and diesel. [15243/22]
View answerThe mileage rates that apply in the recoupment of travel expenses across the civil and public service are a matter for my consideration in the first instance rather than for the Office of the Revenue Commissioners.
It is established policy that travel for work in the civil and public service should, where possible, be by public transport. Where this is not possible, mileage payments may be made and mileage arrangements are designed to recoup travelling officers for expenses genuinely incurred in respect of work related travel and should not be viewed as a source of emolument or profit.
Motor travel rates were last reviewed in 2017 and the current rates are set out in Circular 05/2017: Motor Travel Rates. These rates are currently being reviewed by my officials and work is ongoing on devising new rates reflecting current input costs. Proposals for revised rates will be discussed, as per existing agreements, with staff representative associations.
It is anticipated that the review will be completed shortly with a view to seeking agreement with staff representative associations by the end of the second quarter of this year.
52. Deputy Louise O'Reilly asked the Minister for Public Expenditure and Reform the number of contracts that his Department has with a company (details supplied); the location, nature, value and type of contract in each case; and if he will make a statement on the matter. [15413/22]
View answerI wish to advise the Deputy that my Department, including the Office of Government Procurement, has not awarded any contracts to the named company.
53. Deputy Paul Kehoe asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if he will provide a detailed outline of the reasons a club (details supplied) were unsuccessful in their application for sports capital funding; and if she will make a statement on the matter. [15123/22]
View answerAn application under the 2020 round of the Sports Capital and Equipment Programme (SCEP) from the organisation referred to by the Deputy was deemed invalid due to the application not including the required Title Template (as set out in the "Guide to Making an Application"). The organisation was previously informed of this and given the opportunity to provide the required documentation during the assessment process.
In relation to unsuccessful applications, my Department was in contact with relevant organisations (including the organisation referred to by the Deputy) earlier this month regarding an appeals process. Appeals will be accepted if a mistake was made by the Department during the assessment process or if these organisations submit corrected documentation to validate their application. Appeals will be accepted until Monday 4th April, 2022. Of the record €150 million made available for capital projects, €6 million has been kept in reserve for any successful appeals lodged by unsuccessful applicants.
When the appeals process is complete, a full review of the 2020 round of the SCEP will be undertaken and any recommendations contained therein will be included in the terms and conditions of the next round. The precise timing of this next round of the Programme will be announced once this review is complete.
