Written Answers Nos. 117-136
117. Deputy Michael Ring asked the Minister for the Environment, Climate and Communications the way that he expects persons to insulate their homes and reduce their energy consumption in view of the fact that a minimal grant of €400 for attic insulation received 12 years ago is resulting in an applicant’s application for external insulation being rejected by SEAI (details supplied); and if he will make a statement on the matter. [22461/22]
View answerThe Sustainable Energy Authority of Ireland (SEAI) manage a number of residential and community energy upgrade grant support schemes on behalf of my Department. These schemes have terms and conditions in place to ensure the transparent administration of public monies. Achieving this requires that the processes and systems are clear and efficient and operate in a manner which is clear and fair to all applicants. Applications under SEAI schemes are an operational matter for the SEAI. As Minister, I have no function with regard to individual grant applications. SEAI has established a specific email address for queries from Oireachtas members so that such queries can be addressed promptly, in line with SEAI’s objective to deliver services to the highest standards. The email address is oireachtas@seai.ie
118. Deputy Eoin Ó Broin asked the Minister for the Environment, Climate and Communications if the Commission for Regulation of Utilities has carried out an examination of the structural factors as to the reason that persons are reluctant to switch energy supplier; and if he will make a statement on the matter. [22483/22]
View answerThe electricity and gas retail markets in Ireland operate within a European Union regulatory regime wherein electricity and gas markets are commercial, liberalised, and competitive. Operating within this overall EU framework, responsibility for the regulation of the electricity and gas markets is solely a matter for the Commission for Regulation of Utilities (CRU) which was assigned responsibility for the regulation of the Irish electricity and gas markets following the enactment of the Electricity Regulation Act (ERA), 1999. The CRU is accountable to the Oireachtas and not to me as Minister.As part of its statutory role, the CRU also has consumer protection functions and monitors energy retail markets to ensure that competition continues to develop for the benefit of the consumer. It also oversees non-price aspects of competition and has taken, and continues to take, steps to increase transparency and consumer engagement in retail markets. The Government fully respects regulatory independence and has done so since the establishment of independent energy regulation. CRU’s most recent Market Monitoring Report is available at: www.cru.ie/wp-content/uploads/2021/11/211013-Energy-Water-Monitoring-Report-2020.pdfAccording to the ACER-CEER Market Monitoring Report (MMR) 2019 published by ACER and CEER in October 2020, in 2019 Ireland had the sixth highest external switching rate for domestic electricity customers of 14%, while in gas it had the fourth highest external switching rate of 18% for domestic customers across European countries reported on.The Deputy may wish to note that CRU provides a dedicated email address for Oireachtas members, which enables them raise questions on general energy regulatory matters to CRU at oireachtas@cru.ie for timely direct reply.
119. Deputy Eoin Ó Broin asked the Minister for the Environment, Climate and Communications his views on the IPCC AR6 WGIII report which states that the Energy Charter Treaty and its inclusion of Investor State Dispute Settlement is protecting the interests of fossil fuel investors from national policies that could lead to their assets being stranded; and if he will set a deadline for progress on the modernisation of the Energy Charter Treaty and commit to Ireland withdrawing if no progress is made by that date. [22487/22]
View answerAll EU countries are parties to the European Convention on Human Rights, the Paris Agreement, and the Energy Charter Treaty (ECT), with the exception of Italy which withdrew from the ECT in 2016. However, countries which have withdrawn from the ECT, remain bound under the so-called sunset provision, which applies to the pre-existing qualifying investments for 20 years from withdrawal. In 2017, the Energy Charter Conference decided to modernise the treaty in order to respond to the demands of member countries that find it obsolete with regard to current investment agreements. EU Member State governments and the European Commission are negotiating an update to the ECT’s terms, but the talks have been slow and complex amid difficulties finding common agreement among the charter’s members.In September 2021, the Court of Justice of the European Union (CJEU ) held that EU climate polluters could not use the arbitration system under the Energy Charter Treaty (ECT) to claim compensation in disputes between Member States. In February 2022, a ruling by the CJEU stated that Article 26 [Settlement of Disputes between an Investor and a Contracting Party] of the ECT cannot be interpreted as applying between EU Member States.On 19-22 April 2022, the Twelfth Negotiation Round on the modernisation of the Energy Charter Treaty (ECT) was held in the Energy Charter Secretariat in Brussels where the topic of dispute settlement was addressed. The next round of negotiations is scheduled to take place in Brussels on 16-20 May 2022.Ireland's position remains to support the European Commission's efforts to negotiate meaningful reform of the treaty in the first instance, while reserving the option to support a co-ordinated withdrawal should these efforts fail and if considered appropriate by Government to achieve our national renewable energy and climate ambitions.
120. Deputy Denis Naughten asked the Minister for the Environment, Climate and Communications when the Tellus airborne geophysical survey for 2022 will commence; the programme and areas of the country to be covered; if he will ensure that adequate public notice is provided in the communities concerned; and if he will make a statement on the matter. [22502/22]
View answerThe Tellus Programme is a national survey which gathers geophysical and geochemical data across Ireland via airborne geophysical surveying using a low-flying aircraft and ground-based geochemical surveying of soil, stream water and stream sediment. This Programme is managed by Geological Survey Ireland, a Division of my Department, and is delivered through a combination of Department officials and external contractors. It has been decided to suspend Tellus airborne operations for 2022. This is to allow Geological Survey Ireland to overcome operational challenges including the provision of communications and outreach support for the survey and to ensure a strategic approach is taken to programme delivery for future years, with plans to recommence in Q2 2023.For all airborne surveys, adequate outreach and public notice is essential, over the years Tellus has put this as a top priority and undertaken a detailed award winning communications programme which it will continue into the future.
121. Deputy Denis Naughten asked the Minister for the Environment, Climate and Communications when the INFOMAR inshore survey for 2022 will commence; the programme and maritime areas to be covered; if he will ensure that adequate public notice is provided in the communities concerned; and if he will make a statement on the matter. [22503/22]
View answerThe INFOMAR programme will commence operations later this month (May) on the East coast. Later work will take place in the SW Celtic Sea and off both Kerry and Galway. As with previous years the programme of work is advertised online and via media and public engagement events will be scheduled in the operational ports for Heritage Week and other opportune times.
122. Deputy Paul Kehoe asked the Minister for the Environment, Climate and Communications further to Parliamentary Question No. 802 of 26 April 2022, if he will clarify further issues of concern (details supplied); and if he will make a statement on the matter. [22505/22]
View answerI can confirm that the State holds a 96.1% share in ESB with the remaining 3.9% held by the Trustee of the Employee Share Ownership Plan (ESOP). ESB is a commercial state company and the Minister does not have a statutory function in any of the day-to-day operations of the business. As shareholding Ministers, however, some commercial or financial matters, such as borrowing limits or acquisition or disposal of certain assets, are referred for consent to the Minister for the Environment, Climate and Communications and the Minister for Public Expenditure and Reform in accordance with the relevant statutory or Corporate Governance requirements.
Electric Ireland is the supply division of ESB.
As with all electricity and gas supply companies, Electric Ireland is responsible for its own commercial and operational affairs, in accordance with factors such as overall company strategic direction and developments in cost base.
More broadly, the electricity and gas retail markets in Ireland operate within a European Union regulatory regime, in which electricity and gas markets are commercial, liberalised, and competitive.
Operating within this overall EU framework, responsibility for the regulation of the Irish electricity and gas markets is solely a matter for the Commission for Regulation of Utilities (CRU) as an independent statutory regulator. It is accountable for the performance of its functions to the Oireachtas, and not to the Minister.
123. Deputy Kathleen Funchion asked the Minister for the Environment, Climate and Communications the plans that are in place for high-speed broadband in the area of Moanamought, Callan, County Kilkenny; and if he will make a statement on the matter. [22516/22]
View answerThe National Broadband Plan (NBP) State led Intervention will be delivered by National Broadband Ireland (NBI) under a contract to roll out a high speed and future proofed broadband network within the Intervention Area which covers 1.1 million people living and working in the almost 560,000 premises, including almost 100,000 businesses and farms along with some 679 schools. I am advised by NBI that as of 22 April 2022, over 321,000 premises have now been surveyed and over 173,000 premises are under construction or complete across 26 counties, demonstrating that the project is reaching scale. I am further advised that almost 64,000 premises are now available to order or pre-order a high-speed broadband connection across 22 counties, with over 47,100 premises passed across 19 counties and available for immediate connection. NBI has further advised that over 10,100 premises have been connected, as of 22 April, and that this is increasing on a daily basis. To date, the level of connections is in line with projections and some areas are exceeding expectations.
Some 12,000 premises in County Kilkenny have been surveyed, with over 6,000 premises under construction or complete. With regard to the area referred to in the Question, 75% of the premises within the townland of Moanamought Commons are served by commercial operators, with 25% of premises located in the Intervention Area, as shown on the NBP High Speed Broadband Map which is available on my Department's website www.broadband.gov.ie . The premises located within the Intervention Area are served by the Mullinahone Deployment Area and will be delivered with high-speed broadband under the NBP.
Further details are available on specific areas within County Kilkenny through the NBI website which provides a facility for any premises within the intervention area to register their interest in being provided with deployment updates through its website www.nbi.ie . Individuals who register with this facility will receive regular updates on progress by NBI on delivering the network and specific updates related to their own premises as works commence. NBI has a dedicated email address, reps@nbi.ie, which can be used by Oireachtas members for specific queries.
Broadband Connection Points (BCPs) are a key element of the NBP providing high speed broadband in every county in advance of the roll out of the fibre to the home network. As of 22 April, 556 BCP sites have been installed by NBI and the high-speed broadband service will be switched on in these locations through service provider contracts managed by the Department of Rural and Community Development for publicly accessible sites and the Department of Education for school BCPs. In County Kilkenny 7 BCP’s have been installed to date. The site at Tullaghought Parish Hall, which is now connected, is located approximately 15km from Moanamought. Further details can be found at nbi.ie/bcp-locations/ .
In County Kilkenny 21 schools have been installed by NBI to date for educational access. My Department continues to work with the Department of Education to prioritise schools with no high speed broadband, within the Intervention Area. Further details of schools in scope are available on the NBI website at nbi.ie/primary-schools-list/ .
124. Deputy Gary Gannon asked the Minister for the Environment, Climate and Communications if landlords with multiple tenants in the same building, all who have different energy meters, are to split the €200 energy allowance amongst the tenants or if every tenant should receive €200 each. [22545/22]
View answerThe Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 established a scheme for the making in 2022, of a once-off Electricity Costs Emergency Benefit Payment to each domestic electricity account, having regard to the exceptional rise in energy prices. The credit of €176.22 (excluding VAT) which suppliers began applying in April, will be applied to remaining domestic electricity accounts through May and June, and includes prepay meters.This scheme is in addition to the Government’s ongoing measures to address energy poverty and the protection of vulnerable customers, and is in addition to the measures introduced in the Budget, as well as more recent measures announced by Government to deal with rising energy costs.The scheme is operated by the Distribution System Operator (ESB Networks) and electricity suppliers with oversight by the Commission for Regulation of Utilities.This is an exceptional measure which uses the single eligibility criterion of a meter point registration number, without any additional means testing. The payment will only be applied to domestic electricity accounts on the basis of there being one MPRN per account, and will be made to the account rather than an individual. While the majority of residential tenants will hold their own domestic electricity accounts, and therefore receive the credit directly, others would have tenancy agreements where tenants pay their actual share of each bill and, in those cases, will benefit from the payment because the amount of the bill will be reduced by the amount of the payment. A small proportion would have other arrangements in place whereby electricity costs are part of the rental cost.Where tenants have a disputes relating to tenancies including any terms relating to electricity payments, these can be referred to the Residential Tenancies Board (RTB) for dispute resolution.
125. Deputy Alan Kelly asked the Minister for Transport further to Parliamentary Question No. 191 of 5 April 2022, (details supplied) if he will intervene to make specific, ring-fenced funding available in the 2023 IMMAC to begin the long-overdue process of automating the manual level crossings on this line; and if the line is to fulfil its obvious potential as a commuter line between Nenagh and Limerick which needs to happen. [22401/22]
View answerAs the Deputy is aware, the Infrastructure Manager Multi-Annual Contract (IMMAC) provides the funding framework for the protection and renewal of our railway infrastructure, including the Ballybrophy to Limerick rail line and level crossings on that line.
As stated in my response to the Deputy's previous question (Question No. 124 of 4th May), under the IMMAC Iarnród Éireann's Infrastructure Manager drafts an annual work programme in October each year. Accordingly, the funding allocations for 2023 will not be finalised until later this year.
126. Deputy Catherine Murphy asked the Minister for Transport if he will provide the rationale for the delay in progressing legislation in respect of e-scooter and e-bike use on public roads; and the date on which he anticipates the legislation being enacted in full [22445/22]
View answerElectric scooters are a type of powered personal transporter (PPT). PPTs are classed as mechanically propelled vehicles, the use of which requires a valid licence, tax, registration and insurance in accordance with Section 3 of the Road Traffic Act 1961. As PPTs do not fall under any existing vehicle category, it is not currently possible to tax and insure them and there is no separate licence category for them. Therefore, they are illegal to use on public roads and in public places. However, they may be used on private land, with the permission of the landowner.
Legislation for the use of e-scooters, in accordance with the Programme for Government and so that they may be used on our roads within a clear legal framework, is being progressed through the Road Traffic and Roads Bill. The Bill has completed second stage in the Dáil and it is expected that it will go to committee stage shortly.
To allow for the rapid pace of technological change in this area, specific controls on the use of e-scooters will be set out in regulations, following the passage of the Bill through the Oireachtas.
127. Deputy Catherine Murphy asked the Minister for Transport if he will expedite a driving retest in respect of a person (details supplied). [22546/22]
View answerThe operation of the driving test service is the statutory responsibility of the Road Safety Authority and I have therefore referred the question to the Authority for direct reply.
I would ask the Deputy to contact my office if a response has not been received within ten days.
128. Deputy Robert Troy asked the Minister for Finance if a person (details supplied) can claim tax back on two cataract procedures carried out in a private hospital. [22382/22]
View answerTax relief in respect of health expenses is allowed in accordance with the provisions of section 469 of the Taxes Consolidation Act 1997. In order to qualify for relief an individual must show that he or she has incurred "health expenses" for the provision of "health care". For the purposes of section 469 "health care" is the prevention, diagnosis, alleviation or treatment of an ailment, injury, infirmity, defect or disability. Health expenses include the cost of treatment necessarily incurred in connection with the services of a medical practitioner.
It should be noted that tax relief may be claimed on the cost of qualifying health expenses, and these can be in respect of personal health expenses, those of a family member or any individual’s, as long as you paid for the medical expenses and provided you have paid tax in the relevant year.
I am advised by Revenue that the taxpayer in question was below the entry point to tax and therefore did not have an income tax liability for the tax periods 2018 to 2021 inclusive. Based on the information currently available to Revenue, this is also likely to be the position for 2022. Accordingly, as the individual concerned has not paid tax, they are not able to claim a tax refund on any recent health expenses they may have incurred for the above-mentioned periods.
It is important to point out that tax relief in respect of health expenses or any other applicable tax credit or relief may only be claimed where the person making the claim has paid tax in the relevant period.
129. Deputy Neasa Hourigan asked the Minister for Finance if he will provide an update on his engagement with the banking sector following the European Council recommendation on the conversion of hryvnia banknotes into euros for the benefit of persons fleeing the war in Ukraine; his plans to ensure those fleeing the war in Ukraine are able to exchange their hryvnia banknotes for euros; and if he will make a statement on the matter. [22391/22]
View answerA Council Recommendation on the conversion of hryvnia banknotes into the currency of host Member States for the benefit of persons fleeing the war in Ukraine was published on 01 April and was agreed by the Committee of Permanent Representatives on 13 April.
The recommendation does not prescribe exact procedures to be put in place, but focuses on the consistency of national schemes, and is based on the scheme in place in Poland. The recommendation proposes that any scheme is open to all people classified as displaced persons from Ukraine with the possibility of converting up to 10,000 hryvnia per person (equivalent to €300 per person). The exchange should take place without charges and be based on official exchange rate as published by the National Bank of Ukraine. The scheme should have a minimum duration of 3 months. A recommendation is not legally binding and it is up to Member States to decide whether to implement a scheme or not.
Since the Recommendation was approved, officials from my Department have been engaging with other Member States to determine whether a scheme is required at present, what schemes are being implemented by the banking sector elsewhere across the EU, whether a similar approach could be implemented here and what the implementation of a scheme would involve.
My Department will continue to engage with other Member States and with industry to determine the next steps in this process.
130. Deputy Noel Grealish asked the Minister for Finance if his Department or the Central Bank’s attention was drawn to plans by banks (details supplied) to cease the provision of current accounts and savings accounts at the end of 2022 and to concentrate only on mortgage provision; and if he will make a statement on the matter. [22392/22]
View answerI wish to highlight, as Minister for Finance, I am precluded from intervening in commercial and operational decisions in any particular bank, even one in which the State has a shareholding. Decisions in this regard are the sole responsibility of the board and management of the banks, which must be run on an independent and commercial basis. The bank's independence is protected by a Relationship Framework which is a legally binding document that cannot be changed unilaterally. This framework, which is publicly available, was insisted upon by the European Commission to protect competition in the Irish market.
Notwithstanding the above, Department of Finance officials contacted AIB in relation to this matter and were advised that EBS is continuing to invest in its digital capability, distribution network and customer proposition in order to support a growing number of customers seeking to buy a home. In line with this support for their customers, EBS is also undergoing a number of strategic changes that build on this proposition. Department of Finance officials were advised that in the event of any developments to EBS' services, EBS will notify their customers accordingly.
Department of Finance officials have also contacted the Central Bank of Ireland on this matter, while they were unable to provide a response within the timeframe required, their response will be sent directly to the Deputy once it has been received.
131. Deputy Pauline Tully asked the Minister for Finance further to Parliamentary Question No. 49 of 22 February 2022, if a new Disabled Driver Medical Board of Appeal has been appointed; and if he will make a statement on the matter. [22430/22]
View answerThe Department of Health and the Public Appointments Service, with input from Department of Finance officials, issued a call for expressions of interest from medical practitioners to participate in the Board. The call closed on April 29th 2022, with the original deadline being extended as no expressions of interest had been received.
I am informed by Department of Health officials that a number of applications have been received. The assessment of the applications will be undertaken shortly. Depending on the number of successful applications, recommendations will be submitted to the Minister for Health for nomination of any recommended candidates. I will consider nominees as recommended by the Minister for Health, and appoint any suitable nominee to become a member of the Disabled Drivers Medical Board of Appeals.
Requests for appeal hearings can be sent to the DDMBA secretary based in the National Rehabilitation Hospital. New appeal hearing dates will be issued once the new Board is in place.
Assessments for the primary medical certificate, by the HSE, are continuing to take place.
132. Deputy Violet-Anne Wynne asked the Minister for Finance the estimated cost of extending the 9% VAT rate for hospitality and tourism-related services until 31 December 2023. [22453/22]
View answerI am informed by Revenue that the estimated cost of extending the 9% VAT rate for hospitality and tourism related services beyond 1st September 2022 until 31st December 2023 would be in the region of €500m. This estimate is based on the most recently available third-party consumption data and assumes no behavioural changes by consumers.
The estimated full-year cost of this measure is presented in the Revenue Ready Reckoner at the following link:
www.revenue.ie/en/corporate/documents/statistics/ready-reckoner.pdf
133. Deputy Catherine Connolly asked the Minister for Finance if he will clarify the VAT rates payable in Ireland on books imported to Ireland from outside the EU; and if he will make a statement on the matter. [22508/22]
View answerI am advised by Revenue that the VAT rating of goods and services is subject to the requirements of EU VAT law, with which Irish VAT law must comply. In general, the EU VAT Directive provides that all goods and services are liable to VAT at the standard rate, unless they fall within categories of goods and services specified in Annex III of the VAT Directive, in respect of which Member States may apply a lower rate from VAT. Currently Ireland has a standard VAT rate of 23% and two reduced rates of 13.5% and 9%. Within the EU Directive there is provision for derogations from the general rules which allow an individual Member State to continue certain historic tax treatments.
Ireland has historically had a derogation which allowed our continued application of the zero rate of VAT to the supply of printed books and booklets including atlases, children’s colouring and picture books, music books and annuals provided certain conditions are met. This rate now continues to apply under the new VAT rates in place since 6 April. The 9% reduced VAT rate applies to the supply of newspapers and periodicals including brochures, leaflets and similar printed matter. Other printed matter is liable to VAT at the Standard rate of 23%.
Goods which are imported from outside the EU are subject to VAT upon importation into the State. The rate of VAT which applies to imports is the rate that would apply to the same goods within the State.
Further information on VAT and printed matter can be found on the Revenue website.
134. Deputy Catherine Connolly asked the Minister for Finance if he will clarify the customs duty rates payable in Ireland on books imported to Ireland from outside the EU; and if he will make a statement on the matter. [22509/22]
View answerI am informed by the Revenue Commissioners that goods which are imported from outside the EU are subject to VAT and Customs Duty upon importation into the State. The rate of VAT which applies to imports is the rate that would apply to the same goods within the State; thus the zero rate of VAT applies on the importation of printed books. The rate of Customs Duty on printed books imported from third countries is also 0%.
135. Deputy Eoin Ó Broin asked the Minister for Public Expenditure and Reform his views on the continued advertisement of non-established grade positions in the Office of Public Works even though there are well established concerns regarding the ability of OPW guides employed as non-established civil servants to access promotion in the broader public sector. [22497/22]
View answerThe OPW employs approximately 2500 staff across a wide range of craft, technical, administrative, and management disciplines. All staff have important roles to play that bring great value to those availing of OPW services. While there are many different grades and classifications of employee involved, the OPW values all of its staff equally and works hard to minimise the impact of the historical differences in Terms and Conditions that apply between the employment categories involved so that the organisation is one team – one OPW.
Guides in the Office of Public Works are technically classified as “industrial employees” and are recruited to the OPW in a non-established capacity. They enjoy the same Terms & Conditions as “industrial employees” in other areas of the civil service.
A non-established State employee is a person employed in a whole-time capacity by a Government Department or Office who is not an established civil servant. Non-established State employees are not covered by the Civil Service Regulations Act, 1956.
Like all non-established State employees, Guides in the OPW have access to all open competitions for posts in the civil and public service. It is, however, the case that competitions initiated under the Civil Service Regulations Acts are confined to staff who have Civil Servant status.
136. Deputy Eoin Ó Broin asked the Minister for Public Expenditure and Reform if restoration works carried out on the first floor of Emo Court will be affected by the roof restoration works currently underway; and if additional works on the first floor will be required as a result. [22498/22]
View answerEmo Court was acquired by the State in 1994 and since then the estate has seen substantial improvements through the efforts of the OPW and their team on the ground. Recent developments at the site include the installation of a new car park, the opening to the public of the eastern walled garden, the defoliation of the lake, and the improvement of the site-wide path network.
At present, repair and restoration works are underway throughout the interior of Emo Court. The works being carried out on the first floor include mechanical and electrical upgrades and firestopping upgrades. While there are no roof restoration works being carried out at this time, roof restoration works are intended with plans currently at preliminary design stage. It is not anticipated that additional building works will be required on the first floor when the roof restoration is complete.
