Written Answers Nos. 199-206
199. Deputy Bernard J. Durkan asked the Minister for Transport the current proposals to improve the roadway from Ballagh to Timahoe via Derrycrib/Derryvarroge which is now in dangerous condition, and which requires major work in order to meet health and safety standards; when the work is likely to be undertaken; and if he will make a statement on the matter. [14626/23]
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 local authorities' own resources supplemented by State road grants, where applicable. The initial selection and prioritisation of works to be funded is also a matter for the local authority.
As Kildare County Council is responsible for maintaining and improving its regional and local roads, it is the Council's responsibility to determine its priorities and work programme while taking account of the funding provided from grant allocations and from the Council's own resources. In this context the Deputy may wish to liaise directly with the Council in relation to this road.
200. Deputy Pauline Tully asked the Minister for Finance if his Department will take the lead on any new scheme that replaces the disabled drivers and disabled passenger's scheme; if not, which Department will take the lead; and if he will make a statement on the matter. [14381/23]
View answerThe National Disability Inclusion Strategy Transport Working Group (TWG), comprising members from a range of Departments, agencies and Disabled Persons Organisations, was tasked under Action 104 to review all Government-funded transport and mobility supports for those with a disability, including the Disabled Drivers and Disabled Passengers Scheme (DDS). Officials from DCEDIY led the work of the group. The NDIS TWG final report was published on 24 February 2023 and recommends that the DDS is replaced with a needs-based, grant-aided vehicular adaptation scheme, i.e. to provide direct financial assistance to individuals needing vehicle adaptations according to their needs, to meet their personal transport requirements and ultimately to facilitate independence and participation in society.
The NDIS TWG final report notes that the DDS is no longer fit for purpose. Introduced in the 1960s, the DDS has an outdated, ‘in-or-out’, medically-based policy rationale. It does not meet the needs of a significant group of those with a disability and with mobility impairments; it requires individuals to 'prove' they are sufficiently 'disabled' and any expansion of eligibility criteria will still mean some individuals will not meet the criteria. The DDS administrative and operational model is not and will never be fit-for-purpose in meeting the standards expected of a modern scheme. In addition, the DDS is significantly divergent from international best practice on almost all scheme parameters.
The NDIS TWG endorses the recommendation to develop a new needs-based, grant-aided vehicular adaptation scheme. However, the final report does not set out next steps.
In conclusion, as a new scheme to replace the DDS is likely to be needs based and grant aided, I do not see my Department having a lead role in its establishment. It will be a matter for Government to decide which Department should have lead policy responsibility on this matter.
201. Deputy Michael Ring asked the Minister for Finance if he plans to extend the local property tax exemption for properties certified as damaged by pyrite to new applicants beyond 22 July 2023; and if he will make a statement on the matter. [14390/23]
View answerSection 10A of the Finance (Local Property Tax) Act 2012 (as amended) provides for an exemption for a temporary period from the charge to Local Property Tax (LPT) for residential properties that have been certified as having a significant level of pyrite damage. The exemption is subject to certain qualifying conditions set out in the relevant legislation.
This section was amended by the Finance (Local Property Tax) (Amendment) Act 2015 to relax and extend the qualifying conditions and the duration of the exemption to six consecutive years (from three years).
As noted by the Deputy, this exemption is being phased out. The Finance (Local Property Tax) (Amendment) Act 2021 provides that this exemption will not be available for properties that do not meet the qualifying conditions on or before 21 July 2023. It is important to note that while the exemption is being phased out and will not be available after this date, properties that become eligible on or before this date will still benefit for a period of six years.
The Government has been very active in addressing the problem of pyrite damage and the more recent manifestations of mica related damage in some western counties. I am informed by the Department of Housing, Local Government and Heritage that as of end-2022, €171.8 million has been provided to the Pyrite Remediation Scheme since its establishment in 2014, and an allocation of €25 million was made for the scheme in Budget 2023.
As of end-February 2023, 3,211 applications have been received for the Pyrite Remediation Scheme since 2014. Of these, 2,561 have completed the remediation process, with a further 181 dwellings included in the scheme.
As of the latest LPT statistics (January 2023), the exemption from LPT had been claimed in respect of 1,357 properties.
LPT operates on a self-assessment basis and it is a matter for the property owner in the first instance, to calculate the tax due based on his or her assessment of the market value of the property. It is accepted that the existence of pyrite, whether it has already caused structural damage or has the potential to cause such damage, has a negative effect on the market value of a residential property. In such circumstances, the property owner is entitled to take account of its presence when determining the appropriate LPT valuation.
The Deputy may also wish to note that the Finance (Local Property Tax) (Amendment) Act 2021 provides for an exemption from LPT for a period of six years for homes whose owners are eligible for the defective concrete blocks scheme.
Detailed guidance in relation to LPT including exemptions from the charge is available on the Revenue website.
202. Deputy Pearse Doherty asked the Minister for Finance his views regarding VRT and its relationship with EU trade law; and if he will make a statement on the matter. [14421/23]
View answerVRT is an excise duty which is imposed, under Irish law, on the registration of a vehicle in the State. With effect from 1 January 1993, Section 132(1), Finance Act, 1992 introduced “a duty of excise, to be called vehicle registration tax” and the legislation stipulates that the tax “shall be charged, levied and paid … on … the registration of a vehicle”.
More than half of the other EU Member States operate similar vehicle registration taxes to Ireland’s VRT. Over the years, the European Court of Justice, in a number of opinions and rulings, has stated that the charging of a tax of this type is within the competence of a Member State provided that it does not breach Article 110 of the Treaty on the Functioning of the European Union, which provides that Member States cannot levy taxes that discriminate against imported goods or provide unfair protection to domestic goods. Ireland’s VRT regime respects this Treaty provision.
Ireland’s national legislation governing the operation of VRT refers to several specific pieces of EU legislation primarily relating to vehicle-technical matters, such as vehicle categories, definitions of technical terms, and conformity with EU type-approval law. In this regard, the VRT legislation uses the base of existing EU legislation on vehicle matters.
203. Deputy Jim O'Callaghan asked the Minister for Finance if he proposes to introduce any legislation to regulate and or prohibit the use of crypto currency in Ireland; and if he will make a statement on the matter. [14469/23]
View answerMy department has been heavily involved in EU-wide negotiations to agree on the Market In Crypto Assets (“MiCA”) Framework as set out in the Digital Finance Package in September 2020. These negotiations have led to the development of the most comprehensive regulatory framework for crypto-assets, harmonising rules across the European Union and will formally be adopted by the EU parliament in the coming weeks.
The MiCA framework seeks to: bring legal clarity to consumers and companies; b) define what crypto-assets fall within its perimeter; c) safeguard financial stability, d) ensure smooth operation of payment systems and monetary sovereignty; e) ensure consumers are protected and f) foster innovation throughout the EU.
An 18 month transition period will commence once the Regulation comes into force following a final vote at the EU Parliament. In the interim, businesses offering virtual asset services will continue to be subject the 5th anti-money laundering Directive (5AMLD) transposed into Irish law by way of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 ("2021 Act") and the provisions of the 2021 Act that relate to Virtual Asset Service Providers commenced on 23 April 2021.
The changes in the Act resulted in virtual currency exchange platforms and custodian wallet providers being in-scope of the anti-money laundering ("AML"), including rules for the performance of various client due diligence checks and other requirements when onboarding new customers.
As “defined persons” under the Act, VASPS in Ireland must adopt controls and procedures to counter money laundering or terrorist financing (AML/CTF) risks, report suspicious transactions and become registered with the Central Bank of Ireland. My officials continue to work closely with the Central Bank of Ireland as part of the preparations for the implementation of MiCA and the Central Bank continues to monitor development related to the sector to assess risks to consumer protection and financial stability.
Further to these developments, Revenue published an update to its tax and duty manual in April of last year that covered the taxation of crypto-assets for corporate and individual crypto-asset holders. The guidance reaffirmed current tax legislation principles apply to cryptocurrencies, as advised by Revenue on December 16th 2021 and that no special tax rules should apply to crypto assets and that general tax principles apply for their acquisition, ownership and disposal. Additionally, the Competition and Consumer Protection Commission in February of this year launched a new campaign that warned consumers, notably young people, of the volatility and risks involved with cryptocurrencies.
204. Deputy Sean Sherlock asked the Minister for Finance if he is in receipt of correspondence or documentation detailing the impact of interest rate rises on mortgage holders on their monthly repayments; and if so, if he will publish those documents. [14488/23]
View answerAs the Deputy is aware, the European Central Bank has increased official interest rates over recent months as it attempts to combat inflation. While the setting of retail interest rates is a commercial matter for an individual lender, this increase in official interest rates has had an impact on tracker and some other variable mortgage rates and consequently on the level of mortgage repayments by some borrowers.
As Minister I have received correspondence from mortgage borrowers, both directly and indirectly from other public representatives, which outline the impact that the increase in mortgage interest rates is having on them. I do not intend to publish such correspondence.
The Deputy will also be aware that, more generally, the Central Bank regularly publishes papers on the general financial and economic environment which, inter alia, assesses the impact of the inflation and interest rate environment on households and other sectors, including most recently in its latest Financial Stability Review which was published in November 2022. This document is available on the Central Bank's website. The Central Bank also publishes data on mortgage interest rates charged by banks and other regulated entities.
205. Deputy Catherine Murphy asked the Minister for Finance the protocols and or guidelines he has issued in respect of the use of personal social media accounts by officials in his Department; the number of sanctions imposed by his Department on its own officials in the past ten years to date in respect of social media output by its officials, verbal, written or otherwise; if social media platforms are restricted on his Department’s network; if an application (details supplied) is available to use and or download onto Departmental-issued mobile phones; and if not, if it is barred from use. [14512/23]
View answerAll users of official communications devices in the Department of Finance are expected to exercise appropriate discretion in their use, and in relevant communications services in line with acceptable usage policies. That acceptable use policy sits within an overarching framework of the Civil Service Code of Standards and Behaviour, Civil Service Disciplinary Code, Ethics in Public Office, the Official Secrets Act and other such relevant codes of conduct and behaviour. There have been no sanctions of staff in the last ten years for the use of social media and these platforms are not restricted on the network.
206. Deputy Niall Collins asked the Minister for Finance if he will provide an update on insurance for a property (details supplied); and if he will make a statement on the matter. [14542/23]
View answerWhile neither I, nor the Central Bank of Ireland, can interfere in the provision or pricing of insurance products, I can assure the Deputy that this Government is committed to improving the cost and availability of insurance for all consumers, businesses and community groups across the State.
The whole-of-Government approach being taken through the Action Plan for Insurance Reform sets out 66 actions, which aim to improve both the cost and availability of this key financial service. The latest Action Plan Implementation Report shows that of the vast bulk of these actions are either initiated or ongoing.
Separate to this, the Department of Housing, Local Government and Heritage recently released a report on fire safety in thatched structures. This found a relatively high incidence of fire in thatched buildings in Ireland and highlighted research indicating that the great majority of such fires stem from a small number of causes, particularly solid fuel stoves. It outlined a number of relatively straightforward measures which should help substantially reduce the risk of fire in these buildings. If the incidence of fire can be reduced, it is reasonable to expect that the improved risk profile will feed through to lower premiums and make this market segment more attractive for providers. My officials have disseminated this information directly to the relevant stakeholders in the insurance industry, in order to help develop a more balanced view of providing cover for thatched buildings. In addition, the Department of Housing, Local Government and Heritage is currently developing public guidance based on the report findings, which will assist owners of thatched properties to reduce the identified risk posed by fire. Furthermore, it also operates a number of schemes which are designed to help with conservation works to thatched buildings and other historic structures for the broader benefit of local communities and the wider public. Enquiries in relation to these grants should be directed to that Department.
In conclusion, I would like to take this opportunity to assure the Deputy that securing a more sustainable and competitive market through deepening and widening the supply of insurance in Ireland, including for thatched properties, remains a key policy priority for this Government.
