Wednesday, 10 May 2023

Written Answers Nos. 33-52

Departmental Consultations

Questions (33)

Peadar Tóibín

Question:

33. Deputy Peadar Tóibín asked the Taoiseach his views of the function and purpose of public consultation processes. [22098/23]

Written answers

The Taoiseach

Effective public consultation allows Government to make informed decisions on matters of policy, to improve the delivery of public services, and to improve the accountability of public bodies.

As is set out in the guidelines on public consultations produced by the Department of Public Expenditure, NDP Delivery and Reform, there are three general principles that should underpin such work:

·consultation with the public must be genuine and timely, leading to greater understanding by all involved of the consequences of proceeding with a particular policy or legislative proposal;

·consultation should be targeted at, and easily accessible to, those with a clear interest in the policy in question; and

·departments and agencies should make systematic efforts to ensure that interested parties have the opportunity to take part in open consultations at all stages of policy development on significant policy, services and legislative matters.

Passport Services

Questions (34)

Pa Daly

Question:

34. Deputy Pa Daly asked the Tánaiste and Minister for Foreign Affairs if a passport will be expedited for a person (details supplied). [21888/23]

Written answers

Tánaiste and Minister for Foreign Affairs

With regard to the specific application about which the Deputy has enquired, the Passport Service has issued a passport to the applicant.

Consular Services

Questions (35)

Ged Nash

Question:

35. Deputy Ged Nash asked the Tánaiste and Minister for Foreign Affairs the supports and contact available to a person (details supplied) in County Louth in the context of a return to work in Ireland from Sudan; and if he will make a statement on the matter. [21941/23]

Written answers

Tánaiste and Minister for Foreign Affairs

The conflict in Sudan has had a devastating impact on civilians. Hundreds have been killed, and thousands injured. Residents in Khartoum and other parts of Sudan are facing shortages of food, water, medicine and other necessities. It is vital that humanitarian assistance reaches those in need.

It is also vital to have a durable ceasefire. Ireland fully supports mediation efforts by the Kingdom of Saudi Arabia and the United States, along with those of the African Union, the United Nations, the Intergovernmental Authority on Development, and regional leaders. The European Union is also actively working for an end to the conflict and a return to the democratic transition in Sudan.

Following the outbreak of conflict on 15 April, the Department of Foreign Affairs, the Embassy in Nairobi, and other Irish embassies have been assisting in the evacuation from Sudan of over 250 Irish citizens and their dependants, in cooperation with our international partners. For now, all evacuation flights from Sudan have ended.

We are aware of the case mentioned. The person is one of a number of Sudanese citizens who have been working in Ireland and who are now in Sudan. Our Embassy in Nairobi is maintaining contact with as many of them as possible.

Passport Services

Questions (36, 37)

Matt Carthy

Question:

36. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs if he will work with the Passport Office to ensure that original documentation, supplied by applicants in respect of first-time passports, is returned with or as close to the issuance of the passports; and if he will make a statement on the matter. [21986/23]

Matt Carthy

Question:

37. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs the reason for the delay by the Passport Office to return original documentation supplied by applicants in respect of first-time passports; his proposals to reduce those delays; and if he will make a statement on the matter. [21987/23]

Written answers

Tánaiste and Minister for Foreign Affairs

I propose to take Questions Nos. 36 and 37 together.

My Department is currently in the busiest season for passport applications, as citizens prepare for their upcoming summer travel plans. Thanks to operational and staffing plans implemented by my Department, the Passport Service is successfully responding to the current high demand, and has issued over 403,000 passports to date this year. All turnaround times are at their target level and there are no backlogs. The Customer Service Hub is responding to over 3,000 queries per day.

As outlined on the cover sheet that applicants receive with their new passport, where original documents have been submitted to the Passport Service in support of an application, the Passport Service will return these documents separately to the new passport, within 15 working days after the passport application is processed. Currently, supporting documents are being returned within 10 working days of the issuance of the new passport. There are no delays in returning original documentation.

The Passport Service also has a system in place whereby applicants who require their supporting documents to be returned urgently can request this. In such a case, the applicant can receive their documents back even in advance of their new passport being issued.

Over the past 18 months, the Passport Service has been actively working to reduce the number of original documents required for a passport application, and very positive changes have been introduced in this regard. Parents are no longer required to submit their original Irish passport for a child's application, as photocopies are accepted. Certified copies are now accepted for naturalisation and Foreign Birth Registration certificates, meaning these original documents also no longer need to be submitted. Applicants applying on the basis of naturalisation or Foreign Birth Registration are no longer required to submit their original passport from their country of origin, provided they can submit another form of government issued photographic identification, such as a certified copy of their driver's licence or a copy of their Public Services Card. Since 1st April this year, thanks to an integration with the General Register Office (GRO), a significant cohort of first time applicants born in Ireland no longer need to submit their original birth certificate. Since then over 8,000 birth records have been retrieved digitally.

Considering that we are in the peak season for passport demand, I am satisfied with the current turnaround time for the return of supporting documents, and that there is a facility in place for those who require their documents urgently. The Passport Service will continue to consider ways in which to enhance this essential citizen service.

Question No. 37 answered with Question No. 36.

Departmental Meetings

Questions (38)

Eoin Ó Broin

Question:

38. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Foreign Affairs if he will provide an update on the assistance being provided to a person (details supplied) by his Department regarding a complex case. [22094/23]

Written answers

Tánaiste and Minister for Foreign Affairs

I can confirm to the Deputy that I am aware of the case and that my Department is providing consular assistance and support on the matter.

Though the relevant Embassy of Ireland is precluded from interfering in the judicial processes of another country, or from getting involved in private legal disputes, we have been active in providing whatever assistance possible and guiding the affected individual towards possible avenues of resolution .

I appreciate the anguish and upset that has been caused by the separation of family members, and that this has been a very difficult time for those concerned. We will continue to engage and support, in the hope that a way forward may be found in the coming period. As with all consular cases, the Department does not comment on the specific details of any individual case.

Defence Forces

Questions (39)

Bernard Durkan

Question:

39. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Defence arising from replies to previous Parliamentary Questions on the matter, if progress has taken place in respect of cases whereby serving members of the Defence Forces, injured while on duty, have received compensation in the courts, which on reaching pension age, is being recouped through a reduction in their retirement pensions; if this represents an attempt to take back what was awarded by the courts; and if he will make a statement on the matter. [21944/23]

Written answers

Tánaiste and Minister for Defence

The Army Pensions Acts provide for the grant of pensions and gratuities to former members of the Permanent Defence Force in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or due to disease attributable to or aggravated by overseas service with the United Nations.

Section 13(2) of the Army Pensions Act, 1923, as amended, provides that “Any compensation which may be received from or on behalf of the person alleged to be responsible for the act which caused the wounding … may be taken into consideration in fixing the amount of any pension, allowance or gratuity which might be awarded under this Act to or in respect of such person and if such compensation is received after the award of any such pension or allowance the Minister may review the award and, having regard to the amount of such compensation, either terminate or reduce the amount thereof.”

The underlying objective of Section 13(2) is to prevent double compensation in respect of the same disablement. Compensation of the kind in question would usually result from a civil action for damages against the Department of Defence, but compensation received from any other source is not excluded.

The provisions do not apply to disability pension cases related solely to disablement due to disease attributable to or aggravated by overseas service with the United Nations. They apply only to wound pension cases involving wound or injury, or to disease cases where the disease is secondary to a wound or injury.

There have been a number of key cases both at Supreme and High Court levels involving Section 13(2), and the procedures in place in relation to individual cases take account of these judgements. The Courts, in various judgements, have upheld the Minister’s statutory right to take into consideration that part of the damages which can properly be regarded as general damages or that part which can properly be regarded as referable to loss of earnings, as he considers proper.

The reduction of these pensions is provided for under legislation and is done on foot of a bona fide decision by the Minister after careful consideration of the specific circumstances of the individual case. The person or his/her solicitor is advised of the statutory provisions and of the potential implications of his/her application. Representations are invited regarding, in particular, the person's circumstances; details of the compensation actually received; and whether there are any special or extenuating circumstances involved. On receipt of representations, cases are submitted to the Minister for decision, setting out the relevant facts of the case, including details of the representations made and an actuarial assessment (in pension cases). Full account is then taken of the representations made and of the actuarial assessment before a final decision is made personally by the Minister.

The application of this Section 13(2) process is a statutory provision and there are no plans to discontinue or review the application of it.

Maritime Jurisdiction

Questions (40, 41, 42, 43)

Matt Carthy

Question:

40. Deputy Matt Carthy asked the Tánaiste and Minister for Defence the measures currently in place to monitor and protect subsea infrastructure, including communications infrastructure, under Irish-controlled waters; the proposals to improve the capacity in this regard; and if he will make a statement on the matter. [21966/23]

Matt Carthy

Question:

41. Deputy Matt Carthy asked the Tánaiste and Minister for Defence the number of instances in 2020, 2021, 2022, and to date in 2023 when it is suspected that foreign-owned vessels have engaged in monitoring or mapping of subsea infrastructure in Irish controlled waters; the specific dates of such events; the nationalities involved in each instance; the response of Irish authorities in each instance; and if he will make a statement on the matter. [21967/23]

Matt Carthy

Question:

42. Deputy Matt Carthy asked the Tánaiste and Minister for Defence the air patrols that have been deployed to monitor subsea infrastructure in Irish waters in 2020, 2021, 2022 and to date in 2023; the specific dates of such patrols; the aircraft and resources deployed in each instance; whether there are plans to increase air patrols near subsea infrastructure; and if he will make a statement on the matter. [21968/23]

Matt Carthy

Question:

43. Deputy Matt Carthy asked the Tánaiste and Minister for Defence the naval patrols that have been deployed to monitor subsea infrastructure in Irish waters in 2020, 2021, 2022 and to date in 2023; the specific dates of such patrols; the vessels and resources deployed in each instance; whether there are plans to increase naval patrols near subsea infrastructure; and if he will make a statement on the matter. [21969/23]

Written answers

Tánaiste and Minister for Defence

I propose to take Questions Nos. 40, 41, 42 and 43 together.

The Naval Service, as the State's principal sea-going agency, is tasked with a variety of defence and other roles. While the main daily tasking of the Naval Service is to provide a fishery protection service in accordance with our obligations as a member of the EU, it also carries out a number of other non-fishery related tasks in tandem with maritime defence and security operations (MDSO). As such any Naval Service patrol should be viewed as a multi-faceted activity. This activity is augmented by the Air Corps Maritime Patrol Squadron in patrolling the Irish Exclusive Economic Zone (EEZ) using the two CASA CN 235 maritime patrol aircraft which are equipped with state-of-the-art surveillance and communication equipment.

Following an extraordinary EU Energy Council meeting in October 2022 to discuss the EU’s energy security in response to the attacks on Nordstream 1 and 2, the Minister for the Environment, Climate and Communications sought support from my Department in relation to additional measures that could be put in place by the Defence Forces to ensure that critical off-shore infrastructure including data cables are protected.

While the Defence Forces have limited sub-sea capabilities, enhanced maritime patrolling of the Irish Sea in the vicinity of priority offshore energy infrastructure commenced in 2022 and remains ongoing. This enhanced patrolling is being conducted by a mixture of air and naval platforms. Officials from my Department and the Defence Forces continue to engage with the Department of the Environment, Climate and Communications in relation to the protection of Ireland’s offshore energy infrastructure and data cables.

It is not unusual for naval ships or vessels of other States to carry out training exercises within Ireland's Exclusive Economic Zone or to passage through this area. The United Nations Convention on the Law of the Sea (UNCLOS) allows for all vessels, including military vessels, to transit through the territorial waters of coastal states when conducting innocent passage (as defined by art. 19 of UNCLOS). Any vessels transiting Irish waters must do so in compliance with international law and may be subject to sighting and observation by the Naval Service and Air Corps without their innocent passage being infringed.

The Deputy will appreciate that for operational and national security reasons that it would not be appropriate to comment on specific details of Defence Forces maritime patrols.

The Naval Service retains certain capabilities that allow for underwater search and surveying including an underwater Remotely Operated Vehicle (ROV) and a Magnetometer system. On the future development of subsea capabilities, the Report of the Commission on the Defence Forces considers that the step up to Level of Ambition 2 (LOA2) should seek to deliver enhancement of subsurface capabilities to monitor subsea cables. The report states that to achieve this would mean the naval fleet should have enhanced air, surface and subsurface search capabilities, with the latter allowing the Naval Service to monitor activity in the vicinity of subsea cables. In order to achieve these desired capability effects associated with a move to LOA 2, specific recommendations made by the Commission were accepted in principle by the Government when it published its high-level action plan in July 2022.

One of the early actions identified in the high level action plan is the commencement of the Strategic Defence Review. This review will look at defence policy across all domains and inform future capability requirements and enable a broader debate on the State’s overall defence policy. Department officials are currently working with their Military counterparts with a view to progressing this action. The first stage of this review will be a security environment analysis to be conducted by an interdepartmental working group which has been established for the purposes of the review.

Question No. 41 answered with Question No. 40.

Question No. 42 answered with Question No. 40.

Question No. 43 answered with Question No. 40.

Transport Policy

Questions (44)

Brian Leddin

Question:

44. Deputy Brian Leddin asked the Minister for Transport whether local authorities in Ireland have the necessary powers to introduce a direct vision and HGV safety standard permit system similar to that in operation in London; and if not, whether he will consider giving them the necessary powers by way or statutory instrument or proposing primary legislation. [21940/23]

Written answers

Minister of State at the Department of Transport

Under section 35 (t)(iii) of the Road Traffic Act 1994, the Minister for Transport may, by regulation, provide for local authorities to control the entry of specific vehicles to particular areas.

Work on direct vision technologies for commercial vehicles is a priority under Action 11 of the Government's Road Safety Strategy, which is being led by the Road Safety Authority.

As Minister, I support measures to make our streets safer for all road users and will consider recommendations from the RSA on this matter.

Road Safety

Questions (45)

Mattie McGrath

Question:

45. Deputy Mattie McGrath asked the Minister for Transport the location of the 17 high-collision locations in County Tipperary; the steps that have and will be taken to improve safety at these locations; and if he will make a statement on the matter. [21942/23]

Written answers

Minister for Transport

As Minister for Transport, I have responsibility for overall policy and exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the operation and management of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code and the necessary statutory approvals. In this context, TII is best placed to advise you.

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.

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

Driver Test

Questions (46)

Mattie McGrath

Question:

46. Deputy Mattie McGrath asked the Minister for Transport the number of people waiting for a driving test in the country and per county; the number of driving testers currently employed; and the average waiting time for a test. [21974/23]

Written answers

Minister of State at the Department of Transport

The Road Safety Authority (RSA) has statutory responsibility for all aspects of the National Driving Test service. This includes test applications and scheduling matters. I have therefore referred the Deputy's 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 broader issue of driver testing delays, the service has been under significant pressure to meet unprecedented demand, which is up 28% on 2021 figures. This increase in demand for driving tests and the time to invitation for learner drivers has a number of contributing factors which include an increase in learner permits in circulation, increased capacity in the Driver Theory Test and an increase in Approved Driving Instructors capacity to deliver lessons to learner drivers.

The Authority has reviewed the capacity of the driver testing service to meet demand and following a request for additional resources in March 2023, my Department has given approval for the recruitment of up to 75 driver testers. This is in addition to the 30 testers who were previously sanctioned in July 2022 and which have been fully deployed since the end of March 2023. This brings the total number of sanctioned driver tester posts to just over 200.

It is expected that once these additional 75 driver testers are recruited, trained and deployed, the backlog for driver testing services will be actively managed such that it will start to reduce from October 2023 and agreed service levels should resume by early to mid 2024. The additional testers will be assigned to fill current vacancies and otherwise allocated to centres with the highest demand for tests. The recruitment campaign for the posts is underway and being managed by the Authority.

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

National Car Test

Questions (47)

Patrick Costello

Question:

47. Deputy Patrick Costello asked the Minister for Transport the steps his Department is taking to alleviate the backlog of NCT appointments; and if he will make a statement on the matter. [21994/23]

Written answers

Minister of State at the Department of Transport

The operation of the National Car Testing Service (NCTS) is the statutory responsibility of the Road Safety Authority (RSA). I have referred the Deputy's query 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.

I am aware of the challenges that the RSA and the NCTS are currently facing to meet high demand for tests and the delays which vehicle owners are encountering. My officials continue to meet weekly with the Authority, to monitor ongoing progress in reducing test delays and to ensure all possible actions are being taken to bring the waitlist to an acceptable level in 2023, as well as supporting all appropriate requests from the RSA for assistance. I have also met with the RSA Chief Executive and Chair to discuss this and other matters.

There has been considerable progress in addressing the long-term staffing issues which have caused this backlog and in increasing capacity at test centres, including the temporary transfer of testers from the NCTS contractor’s Spanish operation last year, increased staff overtime and extensive recruitment of new vehicle inspectors. There are currently 582 testers in place, with 34 more testers commencing training this week and a further 21 expected in the coming weeks. New testers are being assigned to the test centres with the most significant delays.

Just over 42,000 tests were completed last week, comprising 29,395 full tests and 13,584 re-tests. The average waiting period nationally is now just over 24 days, with some centres outside Dublin and Cork having significantly reduced wait times. The RSA is confident that a return to the service level agreement waiting period of 12 days will be achieved by July 2023.

In the interim, I am advised that customers seeking test appointments may contact the NCTS directly, by calling 01-4135992 or by availing of the priority waiting list function via the NCT website, www.ncts.ie. In the majority of cases, these vehicle owners are provided with an appointment within 30 days.

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

Driver Licences

Questions (48)

Niall Collins

Question:

48. Deputy Niall Collins asked the Minister for Transport the estimated number of Ukrainian persons living in Ireland that hold a licence to drive a truck or bus; and if he will make a statement on the matter. [22002/23]

Written answers

Minister of State at the Department of Transport

Under European Union Regulation (EU) 2022/1280, which came into force on 27 July 2022, 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.

As Ukrainian licence holders do not need to exchange their licences, there is no record of licences held. Accordingly, it is not possible to estimate the number of people in Ireland with a Ukrainian truck or bus licence.

The European Union (Driver Qualifications Card) (Persons from Ukraine) Regulations 2023 (SI 159 of 2023), signed into law on 4 April 2023, provide for the issue of an Irish certificate of professional competence (CPC) driver qualification card to the holder of a Ukrainian truck or bus licence and Ukrainian qualification card, after successful completion of additional compulsory training. Following these Regulations, it will be possible to know how many people admitted to Ireland under temporary protection are qualified to drive trucks and buses (category C or D) professionally here using their Ukrainian licences. To date, one person has applied for the training.

Bus Services

Questions (49)

Claire Kerrane

Question:

49. Deputy Claire Kerrane asked the Minister for Transport if he will seek consideration for the extension of a bus service (details supplied); and if he will make a statement on the matter. [22006/23]

Written answers

Minister for Transport

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport.

The issue raised by the deputy in relation to seeking consideration for the extension of Bus Éireann route Athlone A1/A2 bus extension to Ballydangan, Co. Roscommon is an operational matter for Bus Éireann.I have, therefore, referred the Deputy's question to the company for direct reply. Please advise my private office if you do not receive a reply within ten working days.

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

New Economy and Recovery Authority

Questions (50)

David Stanton

Question:

50. Deputy David Stanton asked the Minister for Transport if he will support the National Development Finance Agency in working alongside the New Economy and Recovery Authority and the Ireland Strategic Investment Fund to find innovative ways to finance, build and maintain required capital investments at national ports; and if he will make a statement on the matter. [21437/23]

Written answers

Minister of State at the Department of Transport

My department, in line with National Development Plan objectives and National Ports Policy, continues to work with the State ports as they progress projects under their Masterplans and consider opportunities with regard to offshore wind energy. The Tier 1 Ports of Dublin, Cork, and Shannon Foynes all undertook significant capital expenditure in 2022.

Under National Ports Policy our state commercial ports operate as independent commercial bodies. The Policy does not provide for direct exchequer funding. Ports can be financed from their own cash, borrowings, EU grant funding or private sector involvement. Therefore, access to European TEN-T, Connecting Europe Facility (CEF) or other grant funding is vitally important to the eligible ports. My department assists the ports in the CEF application process This policy has proven very effective in developing a highly competitive and responsive ports sector, where ports have continually proven to be agile in responding to market needs and opportunities.

The Government is committed to ensuring that our national commercial Irish ports are positive contributors to the ORE industry and that Ireland meets the ambitious targets of 7GW of offshore wind (2GW of which is specifically dedicated to green hydrogen) by 2030. Supporting the development of port infrastructure is a core objective of the National Offshore Wind Delivery Taskforce and the Department is working very closely with the Task Force in this regard.

The need to maximise financing opportunities for ports is recognised. To that end, in addition to its support for ports as part of the CEF process, the department continues to engage with all industry stakeholders. This includes potential financing partners such as the EU (via Connecting Europe Facility), Ireland Strategic Investment Fund (ISIF) and the European Investment Bank (EIB) – looking at viable projects, capable of generating a commercial return.

Role of NewERA

NewERA provides financial and commercial advice to the relevant Government Ministers and Departments in relation to commercial State companies across a range of sectors. As part of its role, NewERA is assisting the Department of Transport in relation to capital investment plans (and financing of this capital investment) at national ports. The relevant ports within NewERA’s remit include Dublin Port, Port of Cork, Port of Waterford, Rosslare Port and Shannon Foynes Port Company. These capital investment plans by some of the port companies include plans to invest in port infrastructure to enable the development of offshore renewable energy and NewERA is actively engaged with the relevant port companies and the Department of Transport in relation to the development of this infrastructure.

Role of ISIF

The Ireland Strategic Investment Fund (“ISIF”) has previously invested in the port sector, including investment to support the relocation of key activities of the Port of Cork to its new facility in Ringaskiddy. ISIF remains open to considering commercial investment cases presented by port owners and operators. In particular, ISIF notes the strategic importance of investing in port infrastructure to enable the development of significant offshore renewable energy projects and is actively exploring if and how it can complete investments on a commercial basis in this important sector. ISIF is also seeking to support investments that will result in Ireland, and regional Ireland in particular, capturing maximum value from the long-term operation and maintenance of these offshore renewable projects. All potential investments must be consistent with ISIF’s double bottom line mandate of commercial investments that support economic impact and employment in Ireland.

Role of NDFA

The National Development Finance Agency (“NDFA”) provides financial advice to State authorities in respect of those public investment projects which are referred to it (the Public Spending Code states that advice should be sought by State authorities from the NDFA on all projects with a capital value exceeding €75m). At present, national ports do not fall within the NDFA’s mandate under the National Treasury Management Agency (Amendment) Act 2014, as they are commercial State companies and not in receipt of Exchequer funding, and therefore the NDFA has not advised national ports to date in this area.

Tax Collection

Questions (51)

Colm Burke

Question:

51. Deputy Colm Burke asked the Minister for Finance if he will clarify whether the recently approved amendment to the Finance Bill 2023 to apply a zero per cent VAT rate for the supply and installation of solar panels is applicable to trade installers of solar panels or individuals who wish to purchase and install solar panels; and if he will make a statement on the matter. [21988/23]

Written answers

Minister for Finance

I 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 Directive provides that all goods and services are liable to VAT at the standard rate unless they are exempt from VAT or fall within Annex III of the Directive, in which case lower VAT rates may apply subject to certain rules.

From 1 May 2023, and in accordance with the Directive and Irish legislation, the supply and installation of solar panels on or adjacent to immovable property, being private dwellings, is subject to the zero rate of VAT. For the zero rate to apply, both the supply of the solar panels and their installation must be the responsibility of the same business in the same supply (i.e. a supply and install contract).

The zero rate of VAT does not apply in situations that do not involve a supply and install contract, such as where panels are purchased, and the installation is carried out by the purchaser or is separately contracted to another party. Also, the zero rate does not apply where the supply and installation is not on or adjacent to private dwellings.

The standard rate of VAT, currently 23%, applies to solar panels if they are provided on a supply-only basis. The reduced rate of VAT, currently 13.5%, may apply to the installation of solar panels if there is a separate installation contract; however, if the cost of any goods provided in the course of the installation contract exceeds two-thirds of the total contract price, then the rate which applies to the goods, in this case 23%, will apply to the entire transaction.

State Claims Agency

Questions (52)

Rose Conway-Walsh

Question:

52. Deputy Rose Conway-Walsh asked the Minister for Finance if he will provide the claims on, and settlements made by, the State Claims Agency in each year since 2011, broken down by category; the amount and percentage of total cost of settlements spent on legal fees, in tabular form; and if he will make a statement on the matter. [22003/23]

Written answers

Minister for Finance

I am informed by the National Treasury Management Agency that it was not possible to respond to this information request in the time available and therefore I will make arrangements to provide a response in line with Standing Order 42A.