Written Answers Nos. 145-164
145. Deputy Paul Kehoe asked the Minister for Transport the up-to-date position regarding the recognition of HGV licences issued in Ukraine, Argentina and North Macedonia; and if he will make a statement on the matter. [44720/22]
View answerUnder European Union Regulation (EU) 2022/1280, which came into force on 27 July, Ukrainians residing in Ireland under the Temporary Protection Directive may drive here on their national driving licences. All categories on the holder's Ukrainian licence are recognised. The Regulation applies to driver documents held by Ukrainians admitted to the EU under the Temporary Protection Directive and for the period of temporary protection only.
A person with C or D categories on their licence (trucks and buses) must have a driver certificate of professional competence (CPC) to drive a truck or bus professionally in Ireland. The EU Regulation allows for the recognition of Ukrainian CPCs, subject to the holder undergoing additional compulsory training. The Road Safety Authority (RSA) is in the process of developing this programme of additional compulsory training. Legislative and system changes will be required, along with liaison with stakeholders such as driving instructors and CPC training providers. The RSA and my department are working to have these processes in place as soon as possible. The RSA website will be updated with details of the training required once all arrangements are finalised.
The RSA is continuing the evaluation of the driving licence regimes in Argentina and North Macedonia, with a view to considering a driving licence exchange with these countries. The North Macedonian review is nearing completion and a recommendation from the RSA is expected shortly.
If a category C (truck) licence from Argentina or North Macedonia is recognised for exchange for an Irish licence under an exchange agreement, a driver will need to obtain the CPC qualification before driving professionally here.
146. Deputy Steven Matthews asked the Minister for Transport if his attention has been drawn to a possible anomaly in the national car test in which a car being registered as being previously written off is not assessed or divulged to the owner; and if he will make a statement on the matter. [44805/22]
View answerThe operation of the National Car Testing Service (NCTS) 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
On the generality of the Deputy's question, I note that it is a criminal offence to provide false, misleading or deceptive information regarding a vehicle to a customer under the Consumer Protection Act 2007. Automotive traders are obliged to disclose a vehicle’s entire history to the customer, including information about whether a vehicle was previously written off.
With respect to periodic roadworthiness testing, I would remind the Deputy that the NCT is not an enforcement tool against unscrupulous vehicle modifications. It is a check at a point in time that a vehicle meets a basic standard. During the test, the vehicle cannot be dismantled, so only parts that are accessible can be checked. The NCT is not a substitute for a comprehensive technical examination of a vehicle prior to purchase and therefore should not be regarded as a warranty. It is essential that car buyers carry out thorough background checks, using reputable vehicle history checking websites, and gather as much information as possible before buying a vehicle.
I am aware of reports of written-off vehicles being placed on the market, albeit in relatively small numbers. The proposed Road Traffic and Roads Bill will put in place the necessary legislative provisions needed to establish a database of all motor insurance policies, which may incorporate written-off vehicles.
147. Deputy Mick Barry asked the Minister for Transport the number of prosecutions that have been brought against fishing vessel owners to date by the Marine Survey Office for breaches of SI 709/2003 or SI 672/2019 governing the maximum number of daily and weekly hours of work at sea and the minimum hours rest and minimum breaks at sea; and if he will make a statement on the matter. [44825/22]
View answerFollowing the transposition of EU Directive 2017 of 159 the existing regulations for working time on board fishing vessel SI 709 of 2003 has been revoked and replaced with a comprehensive suite of three new regulations for the full spectrum of employment arrangements and for flag state and port state control of fishing vessels in Irish port. This new set of regulations consists of regulations S.I. No. 672/2019 - European Union (International Labour Organisation Work in Fishing Convention) (Working Hours) Regulations 2019 which are for Irish fishing vessels where at least one fisher on-board is engaged in a contract of employment. There is an additional set of regulations for share fishers S.I. No. 585/2020 - European Union (Workers on Board Seagoing Fishing Vessels) (Organisation of Working Time) (Share Fishermen) Regulations 2020 and these apply hours of work and rest requirements to fishers working on Irish fishing vessels where all fishers are share fishers. The final set of regulations is S.I. No. 441/2020 - European Union (Workers on Board Seagoing Fishing Vessels) (Organisation of Working Time) (No. 2) Regulations 2020 which applies the hours of work and rest to fishing vessels flying the flag of another member state when in a port in the state.
The Marine Survey Office (MSO) of my Department carries out survey and inspections of fishing vessels for compliance with safety, environment and fisher living and working conditions. The Irish fleets consists of approximately 2000 fishing vessels and some 6,500 fishers. All fishing vessels are subject to a survey and certification regime managed by the MSO. All vessels are subject to a survey every four years and issued with a certificate if found compliant with the requirements. The surveys cover all aspects including crew qualifications, living and working arrangements including hours of work and rest. The MSO carries out its role for all Irish vessels in Ireland and anywhere in the world as well as for all persons on-board irrespective of their nationality, employment status or immigration status. Furthermore, the MSO carries out inspection of foreign flagged fishing vessels when in Irish ports.
The MSO adopts a graduated approach to the rectification of such anomalies and initially seeks that the owner or skipper brings the vessel into compliance. Further action could be to detain the vessel until the issue has been rectified. In a limited number of cases the MSO may initiate a prosecution. The enforcement of the MSO requirements is effective as the licence to fish which is issued by the Sea Fish Licensing Administration of the Department of Agriculture, Food and the Marine is based on the vessel complying with the relevant safety regime that is in place for each sector. On this basis the MSO carries out or oversees 500 such surveys and inspections each year and since 2017 has initiated 11 prosecutions where hours of work and rest was amongst a number of issues.
148. Deputy Mick Barry asked the Minister for Transport the reason that the Clinch Report that he commissioned in early 2021 and that was subsequently submitted to his Department the following July has still not been published; and if he will make a statement on the matter. [44826/22]
View answerThe Report referred to by the Deputy relates to the optimal structure for marine accident investigation in Ireland. It is still the subject of an engagement with the Office of the Attorney General on certain aspects therein. Once this engagement has concluded and based on their legal advice, I will look to publish the report as appropriate.
For the Deputy's information, on the issue of structures for marine accident investigation, I am happy to say that Cabinet approval has been given to the preparation of draft heads of a Merchant Shipping Bill to provide for a new marine accident investigation structure based on the establishment of a full-time unit. Work on the general scheme is at an advanced stage in my Department. Subject to Government approval, the General Scheme will be subject to engagement with the Joint Committee on Transport and Communications including for pre-legislative scrutiny as part of the legislative process.
149. Deputy David Stanton asked the Minister for Transport the current average wait times for driving tests in counties Cork and Waterford; and if he will make a statement on the matter. [44834/22]
View answerThe operation of the national driving test service is the statutory responsibility of the Road Safety Authority (RSA). Information on the driving test waiting times in Cork and Waterford is held by the RSA.
I have therefore referred this 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.
150. Deputy Alan Farrell asked the Minister for Transport the number of electric vehicles sold in Ireland in each of the years 2018 to 2021 and to date in 2022, in tabular form; and if he will make a statement on the matter. [44859/22]
View answerThe transport sector accounts for approximately 20% of Ireland’s national greenhouse gas emissions, with car use responsible for over half of these emissions. In recognition of this, the Climate Action Plan contains commitments to significantly increase electrification within the national fleet, including an ambitious target of 945,000 electric vehicles (EVs) by 2030. Meeting this target will be extremely challenging; however, it represents the scale of transformation needed in the transport sector if emissions are to be reduced to the extent required.
The department established the Electric Vehicle Policy Pathway Working Group to consider the optimum mix of regulatory, taxation and subsidy policies available to Government to significantly accelerate electric vehicle sales. This Group focused on mechanisms to achieve an immediate increase in EV uptake to attain over 175,000 EVs by 2025 in the line with the Climate Action Plan trajectory and, thereafter, to be well placed to reach full electrification by 2030. The full report is available online. Electric vehicle policy is kept under continuous review with a view to making low-emission vehicles affordable.
On 21st July I launched a new dedicated Office, Zero Emission Vehicles Ireland, which will oversee and accelerate Ireland’s transition to zero emission vehicles. Further information on Zero Emission Vehicles Ireland and the various incentives is available at www.gov.ie/zevi.
The below table outlines the number of new and used battery electric vehicles and plug-in hybrid electric vehicles licensed for the first time in Ireland each year from 2018 to the end of July 2022 as per CSO figures.
|
Year |
Number of EVs licensed |
|
2018 |
3,994 |
|
2019 |
8,151 |
|
2020 |
11,041 |
|
2021 |
22,685 |
|
2022 (end July) |
18,671 |
|
Total |
64,542 |
151. Deputy Duncan Smith asked the Minister for Transport the up-to-date position of a project (details supplied) in County Kildare; and if he will make a statement on the matter. [44912/22]
View answerThe improvement and maintenance of regional and local roads is the statutory responsibility of each local authority in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from Councils' own resources supplemented by State road grants.
The Athy Southern Distributor Road is one of the limited number of strategic regional and local road improvement schemes being undertaken under the National Development Plan.
Implementation of the Athy Southern Distributor Road is the responsibility of Kildare County Council. Following the conclusion of the tender process for the main construction contract for the scheme, the contract was awarded in late 2021 and the construction programme is underway. My understanding is that the scheme is scheduled to be completed in 2024.
152. Deputy Thomas Pringle asked the Minister for Transport the reason that Irish persons born in Belfast, County Antrim or anywhere in the six counties have born in the United Kingdom printed on their driving licence; his views on whether persons born in the six counties are not Irish given that it would be stated on a licence for a person born in any of the other 26 counties; if this practice will be changed to say born in Ireland on all licences for persons born on the island of Ireland; and if he will make a statement on the matter. [44987/22]
View answerAll enquires relating to driver licensing are handled by the National Driver Licence Service , the provision of which I have delegated to the Road Safety Authority (RSA) under the relevant legislation. I have forwarded the Deputy's query to the RSA for direct reply. If he has not heard from the Authority in 10 working days, I would ask that he contact my office directly.
153. Deputy John Lahart asked the Minister for Transport if advice will be provided in relation to the case of a person (details supplied) with respect to RSA vehicle testing. [44994/22]
View answerThe operation of the National Car Testing Service is the statutory responsibility of the Road Safety Authority. 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.
154. Deputy Michael McNamara asked the Minister for Transport if a suitable alternative location for the proposed new NCT centre for Shannon, County Clare has been found; the timeframe that is being placed on the proposed development being made operational; and if he will make a statement on the matter. [45019/22]
View answerThe operation of the National Car Testing Service is the statutory responsibility of the Road Safety Authority. 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.
155. Deputy Michael McNamara asked the Minister for Transport the number of persons on waiting lists for a driving test at each test centre nationwide; the average waiting time nationally at present for a driving test; and if he will make a statement on the matter. [45020/22]
View answerThe operation of the national driving test service is the statutory responsibility of the Road Safety Authority (RSA). Information on the driving test waiting times is held by the RSA. I have therefore referred this part of 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.
Since public health restrictions have eased, considerable progress has been made in addressing backlogs following suspension and curtailment of services during the initial Covid lockdowns, with waiting times having reduced significantly.
Pre-Covid, the target national average wait for a test was 10 weeks. On the eve of the pandemic, however, the actual waiting time was around six and a half weeks. This increased to 25 weeks during the pandemic. The pre-pandemic target of having a national average wait of ten weeks was once again achieved by the end of 2021. Projections made early last year had estimated it would be February 2022 before this point was reached.
At the end July 2022, the national average time to invite for a test in Ireland was just over 10 weeks. At that time there were 13,800 people scheduled to take a driving test and a further 32,700 waiting for their invitation. There has been an increase in application volumes and learners becoming eligible to take their test since the start of the year as the economy once again reopened post-pandemic and many learners who availed of increased capacity in the Driver Theory Test are now becoming eligible. While there has been some growth in demand over the summer months and accompanying seasonal capacity constraints, the RSA are confident that current delays within the system will rectify before year end.
In early 2022, the RSA conducted a review of the current and evolving needs of the driver tester service. This recommended that the number of permanent driver testers employed by the RSA should be raised from 100 to 130. My Department considered the RSA’s request and gave its approval in June 2022. This recruitment process is now underway. The RSA hope to see new testers start work in late Autumn.
156. Deputy Catherine Murphy asked the Minister for Transport the amount in financial sanctions that has been imposed on a company (details supplied) for non-delivery of services and unacceptable levels of punctuality in 2021 and to date in 2022; and if he will provide a breakdown by route and the amount of financial sanction that has been imposed. [45065/22]
View answerAs 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. Under the Dublin Transport Authority Act 2008 it is a statutory function of the National Transport Authority (NTA) to procure public transport services by means of Public Service Obligation (PSO) contracts.
In light of the Authority's responsibility in this area, I have forwarded the Deputy's specific question in relation to the breakdown of financial sanctions that have been imposed on Go-Ahead Ireland to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.
157. Deputy Michael Healy-Rae asked the Minister for Transport the assistance that will be given to a person (details supplied) who is unfairly being treated as a late applicant; and if he will make a statement on the matter. [45084/22]
View answerThe regulation of the small public service vehicle (SPSV) industry, including SPSV licensing, is a matter for the independent transport regulator, the National Transport Authority (NTA), under the provisions of the Taxi Regulation Acts 2013 and 2016.
Accordingly, I have referred your questions to the NTA for direct reply to you. Please advise my private office if you do not receive a response within 10 working days.
158. Deputy Darren O'Rourke asked the Minister for Transport if his attention has been drawn to some private bus operators that are refusing to apply the youth travel card discount to weekly bus tickets and are only applying the 50% discount to daily tickets; if he will outline the intention of the youth travel card scheme in this regard; and if he will make a statement on the matter. [45147/22]
View answerAs 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 responsibility for the regulation of fares charged to passengers in respect of public transport services provided under public service obligation (PSO) contracts.
As the Deputy is aware the Young Adult Card (YAC) was introduced on PSO services on the 9th of May and then extended to participating commercial bus operators on the 5th of September. This will not only promote modal shift in the transport sector among this age group but should also contribute towards a reduced reliance on private transport with associated benefit of transport emission savings.
Due to certain technical limitations with the ticketing systems, it is not possible to include all ticket types in the Scheme. In light of the Authority's responsibility in relation to the roll-out of the YAC, I have forwarded the Deputy's question to the Authority for direct reply. Please advise my private office if you do not receive a response within ten working days.
159. Deputy Pearse Doherty asked the Minister for Finance his analysis of the causes of the reduction in tax paid by Irish Real Estate Funds; and his views on whether amending the corporation tax applied to the profits made by IREFs could remedy these developments. [44358/22]
View answerSection 23 of the Finance Act 2016 introduced the Irish Real Estate Fund (IREF) tax regime to address concerns raised regarding the use of collective investment vehicles by non-residents to invest in Irish property. An IREF is an investment undertaking where 25% or more of the value of that undertaking is made up of Irish real estate assets. IREFs are required to deduct a 20% withholding tax (“IREF WHT”) on distributions to non-resident investors. The non-resident investors may also be subject to tax under the rules of their home jurisdiction. Certain categories of non-resident investors, such as pension funds, life assurance companies and other collective investment undertakings, are generally exempt from having IREF withholding tax applied provided the appropriate declarations are in place. Irish resident investors are generally subject to a separate investment undertaking tax, at a rate of 41% for individuals and 25% for companies, on income / gains from the fund.
I am aware that there has been a reduction in WHT paid by IREFs in 2021 (in respect of taxable events that occurred in accounting periods ended in 2020), relative to the amount paid in the preceding year, and my officials have requested that Revenue undertake a review to identify the reason(s) for this change.
I am advised that the initial focus of the review is a detailed analysis of the information contained in the 2021 IREF Financial Statements, IREF Withholding Tax Returns and Form 1 (IREFs) Income Tax Returns. The review encompasses the consideration of various risk factors and a key focus is the identification of cases for compliance interventions to ensure perceived risks are properly and robustly addressed. The analysis involves detailed examination of tax returns and financial statements for a number of years and will include a review of the transactions undertaken by IREFs, and of distributions made, to ascertain if the distributions have been treated in accordance with the legislative provisions. Where this work identifies possible non-compliance with the relevant legislation, Revenue will undertake appropriate compliance interventions. Should any deficiencies in the legislative provisions for IREFs be identified by this review, this will be brought to the attention of my Department.
As respects the Deputy’s suggestion of applying corporation tax to the profits made by IREFs, any such proposal can only be examined once the full facts and circumstances of any issues with the existing regime have been identified and analysed.
160. Deputy Darren O'Rourke asked the Minister for Finance the tax and other revenue that are paid to the State from the operations of the Corrib gas field in each of the years 2017 to 2021 and to date in 2022; and if he will make a statement on the matter. [44367/22]
View answerI am advised by Revenue that, due to its obligation to protect taxpayer confidentiality, as provided for in section 851A of the Taxes Consolidation Act 1997, it is not possible to provide details of the tax payments requested by the Deputy.
I am informed by the Department of the Environment, Climate and Communications, that other monies are collected by the Minister for the Environment, Climate and Communications relating to the Corrib Petroleum Lease. Payments made to the Minister for the Environment, Climate and Communications in relation to the Petroleum Lease that the Corrib Gas Field for the years 2017 – 2022 are outlined below. The payments consist of rental fees paid by the operator amounting to €122,623 per annum. An additional amount of €13,680 was paid in 2018 concerning two change control notices and one assignment fee in relation to the lease.
|
Year |
Payment made to the Minister for the Environment, Climate and Communications |
|
2017 |
€122,623 |
|
2018 |
€136,306 |
|
2019 |
€122,623 |
|
2020 |
€122,623 |
|
2021 |
€122,623 |
|
2021 |
€122,623 |
In accordance with Section 57 of the Petroleum and Other Minerals Development Act, the Minister for the Environment, Climate and Communications is required to present to the Houses of the Oireachtas a six monthly report on Petroleum Exploration and Development in Ireland. This report sets out:
- the particulars of all Authorisations granted by the Minister for the Environment, Climate and Communications that were current during the reporting period,
- the amount of money relating to petroleum exploration and development collected by the Minister for the Environment, Climate and Communications during the reporting period, and
- other information relating to petroleum exploration and development in Ireland.
These reports are available at the link below:
www.gov.ie/en/collection/5da3e-six-monthly-reports-to-the-oireachtas-on-petroleum-exploration-and-development-in-ireland/
161. Deputy Mary Butler asked the Minister for Finance if he will consider issues facing Irish charities, community and voluntary groups and social enterprises raised in correspondence in budgetary context (details supplied); and if he will make a statement on the matter. [44395/22]
View answerAs the Deputy will be aware, it is a longstanding practice that the Minister for Finance does not comment, in advance of the Budget, on any tax matters that might be the subject of Budget decision. The correspondence provided by the Deputy will considered as a pre-budget submission.
162. Deputy Seán Canney asked the Minister for Finance if he will consider changing the rules surrounding the repayment of income tax to ensure that persons who have overpaid tax for years can receive their tax back for more than the statutory limitation period of four years and ensure that a level playing field exists for members of the public given that the Revenue Commissioners can pursue underpaid tax going back for years and impose stiff penalties on top of the amounts accrued; and if he will make a statement on the matter. [44488/22]
View answerSection 865 Taxes Consolidation Act 1997 (TCA) provides a general right to repayment of tax where a person has paid tax which is not due. Section 865(4) TCA provides that that right is subject to the making of a claim within a statutory limit of four years after the end of the chargeable period to which the claim relates. That statutory limit is binding on Revenue as well as on taxpayers. Determinations of the Tax Appeals Commission in differing appellant circumstances confirm that there is no discretion in the application of the four-year rule for claiming repayments.
Prior to the introduction of this provision there was no statutory right to repayment of tax, though a taxpayer could make a claim for repayment, or could sue for repayment under common law.
Revenue’s general right to raise assessments or make enquiries in relation to taxpayer returns is also subject to a four-year limit in most cases. However, as the Deputy states, in certain circumstances - for example where fraud or neglect is suspected or in the context of the application of general anti-avoidance rules - Revenue's right to raise assessments or make enquiries is not time limited. Previously, the general time limit on the raising of assessments by Revenue had been ten years.
The provision of a four-year time limit for Revenue raising assessments and making enquiries and for taxpayers to claim a repayment of tax creates parity between both positions. An increase in one limit would have to be considered in the context of corresponding increases in other time limits in order to preserve that parity.
When the four-year time limits were introduced in 2003 the then Minister for Finance stated he was satisfied that they achieved the necessary balance between establishing a fair and uniform system for taxpayers while providing necessary protection for the Exchequer. I am satisfied that continues to be the position. I also believe it is appropriate that Revenue should be able to impose interest for late payment and penalties for filing inaccurate returns in cases where a return has been found to be deficient. This is an important dimension of supporting voluntary timely compliance and in ensuring an effective and proportionate response in the context of fraud or neglect or tax avoidance.
I have no plans to amend the four-year limit in section 865 TCA or to change Revenue’s right to raise assessments or make enquiries outside the four-year period, where appropriate.
163. Deputy Richard Boyd Barrett asked the Minister for Finance the rationale for the taxation of social welfare maternity benefit; and if he will make a statement on the matter. [44529/22]
View answerThe general rule is that social welfare payments are taxable and exemption from taxation usually occurs only in cases where the payment in question is a mean-tested payment. Maternity benefit is not a means-tested payment.
164. Deputy Catherine Murphy asked the Minister for Finance the number of persons employed in his Department that have a formal agreement to work from home one day per week, two days per week and five days per week; his Department’s policy in respect of facilitating requests by persons to work from home; and the number of persons that have made requests to work from home in 2021 and to date in 2022, that have been declined. [44579/22]
View answerMy Department launched it's Blended Working Policy on 1st July 2022. The policy was developed in line with the parameters of the Civil Service Blended Working Policy Framework.
The office remains the principle workplace.
Blended working arrangements are agreed at a local level in each business unit. A key principle of the policy is that we ensure business needs are met to the highest professional standards while allowing for the maximum amount of flexibility and personal choice for our staff in relation to their working arrangements. As such, the pattern of days working from home and in the office is agreed at a local level in each business unit.
Blended working is available to the majority of staff with the exception of a small number in roles that are customer facing where office attendance is necessary to undertake the duties of the role. As blended working arrangements are agreed locally, I am not aware that any requests have been declined.
The staff in my Department have shown that they can adapt to this working model very successfully while maintaining our services to stakeholders. The policy will be kept under regular review to ensure its continued successful implementation.
