Written Answers Nos. 262-276
262. Deputy Damien English asked the Minister for Finance the impact that fraudulent claims are having on insurance premiums in the private motor, home and public liability insurance for businesses in Ireland; and if he will make a statement on the matter. [29823/23]
View answerThis Government recognises that insurance fraud is one of several factors that negatively impact the cost of insurance. Of course, it is important to remember that the vast majority of insurance claims are genuine and far outnumber the amount of fraudulent cases.
As part of the wide-ranging Action Plan for Insurance Reform, the Government has included a number of targeted measures to help reduce fraud.
The Minister for Justice, has completed the establishment of a dedicated Insurance Fraud Coordination Office (IFCO) within the Garda National Economic Crime Bureau (GNECB). The Office was established with the aim of improving cooperation and coordination with the insurance industry, bringing consistency to the handling and investigation of insurance fraud referrals from industry, and improving subsequent referrals to the Director of Public Prosecutions.
I understand that the GNECB is providing training and support to all Garda Divisions in how to investigate fraud. It has also put in place reporting mechanisms between An Garda Síochána and the insurance industry, and has drafted Memorandums of Understanding in association with Insurance Ireland and the Alliance for Insurance Reform.
Separately, the Criminal Justice (Perjury and Related Offences) Act 2021 was signed into law in June 2021, representing another tool to tackle fraud. This places perjury on a criminal footing for the first time, thereby making the offence easier to prosecute. The Act increases the range of options for investigation, prosecution and penalties on conviction which can be considered for those making false and misleading claims.
In summary, the Action Plan for Insurance Reform has delivered a suite of measures aimed at addressing the factors that influence insurance costs, including fraud.
Alongside actions to reduce fraud, reforms have been implemented in several other key areas, ranging from the Personal Injuries Guidelines, which set new levels for personal injury awards, to legislation to enhance the Personal Injuries Assessment Board.
It is important to note that the impact of reforms takes time to transmit to price levels for a variety of reasons. These can include: uncertainty arising from ongoing legal challenges; the inherent complexity of the insurance sector’s operating environment; or even dynamic, external developments which can determine price or supply in a small market such as Ireland.
It is therefore vital that reforms are given sufficient time to take effect, and are supported by all stakeholders to do so. In this way, I believe that the cumulative impact of the Action Plan will lead to an improved insurance environment for all policyholders, including motorists, homeowners and businesses.
263. Deputy Damien English asked the Minister for Finance if he is satisfied with progress to date on the Women in Finance Charter, which was developed in partnership with several stakeholders (details supplied) whereby signatories of the Charter commit their organisations to improving the number of women in management and board-level positions to achieve better gender balance and a more inclusive working environment. [29824/23]
View answerThe Women in Finance Charter was developed over a number of years by the industry representative associations, Banking and Payments Federation Ireland, Financial Services Ireland, Insurance Ireland and Irish Funds, with support from government, as part of the Ireland for Finance strategy. It was launched in April 2022. Theme 3 of the Update to Ireland for Finance strategy is Diversity and talent and the Women in Finance Charter is an important part of this theme. Improving gender balance in senior roles in international financial services, and the broader financial services sector, has the capacity to bring benefits to organisations, including better decision making.
Firms that sign the Charter publicly commit to targets to increase the representation of women at specific levels within their firm. Progress against these targets is measured annually and publicly communicated.
The industry representative associations have commissioned the ESRI to undertake a comprehensive analysis of the data that signatory firms provide outlining their targets for increasing gender balance at all management levels
For the launch of the Charter last April there were 60 signatories in total, of which 56 signatories completed the baseline survey with the ESRI and 54 signatories have completed the full data reporting process. The firms include organisations from banking, insurance, funds and professional services, for example, the legal profession.
The ESRI's first Annual Report on the Charter will be launched tomorrow and I understand overall progress has been good on the achievement of the targets that were set by the signatory firms. However, there is a lot of work to do in achieving greater gender balance in the financial services sector and in encouraging more firms to sign the Charter and to complete the data reporting process.
Ensuring that the Charter is supported on an ongoing basis is extremely important and in that regard, a Steering Group for the Charter has been established. My Department is represented on the Group and officials are playing an active role in supporting the core objectives of the Charter. Furthermore, as this is part of the IFS Strategy Minister of State Carroll MacNeill, in her role as Minister with specific responsibility for the Strategy is very engaged in this policy space. Other members include the four industry bodies, the two Co-Chairs of the Balance for Better Business Review Group, 30% Club, 100 Women in Finance, 100 Women in Finance Early Career, the Financial Services Union and the Department of Enterprise Trade and Employment. The Department of Enterprise Trade and Employment provides the Secretariat. The Group has met three times to date.
Comprehensive information relating to the Women in Finance Charter, which includes guidance notes, a baseline data template and an annual reporting template is available on the Balance for Better Business website www.betterbalance.ie/partners/ The industry representative associations are the points of contact for firms that would like to find out more details about the Women in Finance Charter.
In December 2022, all employers with more than 250 employees published their first gender pay gap reports, a new legal requirement in Ireland. It is important to note that the data showed the financial services sector has challenges in this area.
264. Deputy Damien English asked the Minister for Finance if he will provide the details of the flat-rate expense allowances for the building industry allowed by Revenue, to include an itemised list for all the sub trades of this sector; the way in which apprentices are treated for flat-rate expenses in the building industry; if he will rebalance any variances upwards for all those workers operating in the building industry in Ireland; and if he will make a statement on the matter. [29825/23]
View answerI am advised by Revenue that the flat rate expense (FRE) regime it operates is done so on an administrative basis. It applies where both a specific commonality of expenditure exists across an employment category and the statutory requirement for the tax deduction as set out in section 114 Taxes Consolidation Act (TCA) 1997 is satisfied, namely, that the expenses are wholly, exclusively and necessarily incurred in the performance of the duties of the office or employment by the employee concerned. A further requirement is that such expenses are not reimbursed by an employee’s employer.
The FRE regime was established to apply a uniformity of approach to tax deductibility for expenses of large groups of employees and to facilitate ease of administration for both Revenue and employees. The expense should apply to all employees in that category and not be discretionary.
Applications are generally made by the representative bodies in the employment sectors concerned and are considered by Revenue based on the specific commonality of expenses within the employment category and compliance with the strictly applied statutory requirement for a tax deduction.
In relation to the building industry, the FRE categories are published on Revenue’s website and included in a table below for the Deputy’s convenience. Apprentices who operate in any of the employment categories outlined below are entitled to claim the corresponding FRE for their trade.
A review of the FRE regime was undertaken by Revenue in 2018/2019. Implementation of those findings has been deferred a number of times, pending consideration by the Tax Strategy Group of the tax deductibility of expenses in employment.
Given the time since the 2018/2019 review, it may be necessary for Revenue to further review a number of the FREs. With this in mind and given the prevailing circumstances, Revenue has deferred the implementation of the findings of the 2018/2019 review to allow time to complete its further review of certain FRE rates. Once this work is concluded, a further update on the implementation of changes to the FRE regime will be made available and published on the Revenue website.
In the meantime, where the 2018/2019 review identified FRE categories for which an increase in the existing rate is appropriate, Revenue will implement these changes so that the benefit of such a change will apply from 1 January 2023. The Revenue website will be updated with regard to the necessary steps to avail of the increases once arrangements are finalised.
It should be noted that all employees retain their statutory right to claim a deduction under section 114 TCA 1997 in respect of an expense incurred wholly, exclusively and necessarily in the performance of the duties of their employment, to the extent to which such expenses are not reimbursed by the employer.
|
- |
2023 |
2022 |
2021 |
2020 |
|
- |
€ |
€ |
€ |
€ |
|
Building Industry |
||||
|
Bricklayer |
175 |
175 |
175 |
175 |
|
Fitter mechanic, plasterer |
103 |
103 |
103 |
103 |
|
Electrician |
153 |
153 |
153 |
153 |
|
Mason, roofer slater, tiler, floor layer, stone cutter |
120 |
120 |
120 |
120 |
|
Driver, scaffolder, sheeter, steel erector |
52 |
52 |
52 |
52 |
|
Professionals: engineers, surveyors, etc. |
33 |
33 |
33 |
33 |
|
General operatives (labourers etc. incl. Public Sector) |
97 |
97 |
97 |
97 |
|
Carpentry and joinery trades |
||||
|
Cabinet makers, Carpenters, Joiners |
220 |
220 |
220 |
220 |
|
Painters, Polishers, Upholsterers, Wood Cutting Machinists |
140 |
140 |
140 |
140 |
|
Engineering Industry [and Electrical Industry from 1997/98] |
||||
|
(a)Skilled workers who bear the full cost of own tools and overalls |
331 |
331 |
331 |
331 |
|
(b)Semi-skilled workers who bear the full cost of own tools and overalls |
254 |
254 |
254 |
254 |
|
(c)All unskilled workers and skilled or semi-skilled workers who do not bear the full cost of own tools and overalls |
219 |
219 |
219 |
219 |
|
Plumbing Trades |
||||
|
Plumber (non-welder) |
177 |
177 |
177 |
177 |
|
Plumber-welder |
205 |
205 |
205 |
205 |
|
Pipe fitter-welder |
205 |
205 |
205 |
205 |
265. Deputy Damien English asked the Minister for Finance the impact that ‘micro sectoring’ by the insurance industry in Ireland is having on the availability of insurance cover for niche markets, such as thatched cottages, adventure tourism, and play centres; the way in which a fairer balance can be achieved in these instances in order that cover can be provided for those seeking insurance in such niche markets; and if he will make a statement on the matter. [29826/23]
View answerAt the outset, it is important to note that neither I, nor the Central Bank of Ireland, can direct the pricing or provision of insurance products. This position is reinforced by the EU Single Market framework for insurance (the Solvency II Directive).
Nevertheless, this Government is aware that certain groups are currently facing difficulty in terms of affordability and availability of insurance, and has therefore continued to prioritise the delivery of the Action Plan for Insurance Reform. The latest implementation report indicates that significant progress has been achieved, with the vast majority of actions now completed, and the remainder ongoing.
Key reforms include the introduction of the Personal Injuries Guidelines, with data from the Personal Injuries Assessment Board (PIAB) indicating that the overall average award has fallen by 38 per cent compared to awards made in 2020 under the Book of Quantum. Another key, complementary action is the Personal Injuries Resolution Board Act 2022, which aims to increase the number of personal injury claims settled through the PIAB, thereby reducing the expense and time associated with personal injuries litigation. Further reforms aimed at lowering costs include measures to reduce fraud, and placing perjury on a statutory footing for the first time.
In my engagement with industry, including its representative body Insurance Ireland, I have clearly impressed upon them Governments expectation that insurers increase their risk appetite, especially to provide cover for small, niche sectors experiencing affordability and availability issues. Furthermore, Minister of State Carroll MacNeill in her meetings with the CEOs of the main insurers in the Irish market has reiterated this message and in particular the need to pass-on the savings arising from the Government reform programme.
In addition, the Office to Promote Competition in the Insurance Market is working closely with IDA Ireland to help leverage the ongoing reforms, with the objective of targeting new entrants to the Irish market, or persuading existing incumbents to expand their risk appetite.
In terms of next steps, rebalancing the “common Duty of Care” legislation (the Occupiers’ Liability Act 1995) is now a priority for completion. This legislation would help to reduce frivolous claims proceeding to litigation. In time, cost savings from reduced claims should also help to lower premiums for businesses, particularly those engaged in high-risk/heavy-footfall areas, where claims associated with ‘slips, trips and falls’ are more prevalent.
I note the Deputy’s concerns regarding potential “micro-sectoring” by insurers resulting in certain groups having difficulty in accessing insurance cover. While the increased use of data analytics and technology by insurers brings risk and stability benefits, we must also consider the possibility that this can create issues around availability and cost of cover. Officials in the Department of Finance continue to monitor developments in this regard.
In conclusion, I wish to assure the Deputy that seeking to secure a more sustainable and competitive market through deepening and widening the supply of insurance in Ireland remains a key policy priority for this Government. For my part, I am committed to working with colleagues to complete outstanding reforms, and monitoring their impact, with a view to achieving an improved insurance environment for all policyholders, including in niche sectors.
266. Deputy Violet-Anne Wynne asked the Minister for Finance the reason the driver and passenger must be related in order for an application to be made under the disabled drivers and passengers scheme; and if he will make a statement on the matter. [29847/23]
View answerSI 353 Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 as amended sets out the requirements for accessing VAT and VRT relief in respect of qualifying vehicle adapted for the use or for the transport a Primary Medical Certificate holder, as a disabled driver or as a disabled passenger. Regulations 10 outlines the requirements which a passenger with a disability must meet in order to qualify for tax relief from VRT and VAT.
Regulation 10(1) and (2) sets out the conditions for repayment of VAT, VRT or residual VRT borne or paid by a disabled passenger or by a family member responsible for the transportation of that disabled passenger, where at the time of the registration of the vehicle the family member must be residing with the disabled passenger.
Regulation 10(5)(a) sets out that in exceptional circumstances the Revenue Commissioners may waive the conditions concerning residency of a claimant. Regulation 10(5)(b) states 'The Revenue Commissioners shall waive the conditions concerning both family membership and residency of a claimant under Regulation 10 in the case of a claim lodged by a person appointed by the President of the High Court to act on behalf of a disabled passenger who is a Ward of Court.'
These are the legislative requirements in respect of a family member transporting a disabled passenger as defined in respect of the Disabled Drivers and Disabled Passengers Scheme.
267. Deputy Violet-Anne Wynne asked the Minister for Finance if he will replace all mentions of the Minister for Health with the Minister for Children, Equality, Disability, Integration and Youth with respect to S.I. No. 353 of 1994; and if he will make a statement on the matter. [29848/23]
View answerIn exercise of powers conferred upon me by Section 92 ((as amended by section 36 of the Finance Act 2020 (No. 26 of 2020)) of the Finance Act 1989 (No. 10 of 1989), I am required to consult with the Minister for Health and with the Minister for Communications, Climate Action and Environment in respect of any changes to regulations concerning the Disabled Drivers and Disabled Passengers Scheme.
I am aware that the primary legislation as set out in Section 92 of the Finance Act of 1989 will need to be amended to reflect changes in functions of relevant Departments for which consultation is required, and I will consider this matter as part of this Year's Finance Bill.
268. Deputy Eoin Ó Broin asked the Minister for Public Expenditure, National Development Plan Delivery and Reform to provide a year-by-year breakdown of how many dividends were paid under section 40M subsection 2 of the Electricity Regulation (Amendment) (Carbon Revenue Levy) Act 2010 into the carbon revenue levy account of subsection 1, in tabular form. [29191/23]
View answerI wish to advise the Deputy that a deferred reply will be issued to him in respect of this Parliamentary Question, in line with Standing Order 51(1)(b).
269. Deputy Catherine Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if the OPW made efforts to purchase lands in close proximity to Castletown House; and if the OPW has investigated whether the grounds and or lands of Castletown House have been the subject of poisonous overspill (details supplied). [29162/23]
View answerAs part long-standing OPW policy to seek to reunite the historic Castletown demesne lands with the house and lands in the care of the State, the OPW sought, on several occasions, to purchase the lands from Janus Securities including when the lands were offered for sale on the open market in 2022. However, despite the very best efforts of the OPW, the State was out-bid in the process and ultimately, the lands were acquired by a private purchaser.
The State owned lands at Castletown House and Estate have not been subject to a poisonous overspill. The OPW have not identified any risk of an impact of a poisonous overspill on State-owned lands.
Any potential issues relating to poison on private lands would be a matter for the Environmental Protection Agency.
The OPW will continue to monitor any potential hazards to the State owned lands at Castletown House and Estate.
270. Deputy Cormac Devlin asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the number of approved but unfilled civil service positions, by grade and department; the number of qualified candidates in each panel available to fill them on 31 May 2023, in tabular form; and if he will make a statement on the matter. [29257/23]
View answerSince 2015 a policy of delegated sanction has been in place across the majority of public service bodies for the management of public service staffing levels. Under delegated sanction, it is the responsibility of Departments to manage their workforce subject to legislation, circulars and other policies and within the overall agreed pay allocation. This policy permits public bodies to fill vacancies through recruitment and promotion in grades up to and including Principal Officer (PO) standard or equivalent, provided that the full year cost of the post concerned can be met from within the approved pay allocation.
In relation to the number of candidates on panels, the Public Appointments Service (PAS), which is the central recruitment agency for the Civil Service and other public bodies in Ireland, has a significant number of competitions running continuously. At any particular point in time, there are interviews for various competitions, running simultaneously for multiple locations and panels are constantly being refreshed.
PAS has shared the following information on the number of available candidates on panels as of 16th June, 2023. These numbers are subject to constant change as assignments are made, candidates withdraw and further candidates are panelled after successful interview stage.
The latest available candidates on panels is as of 16/06/2023 and is set out below:
|
Campaign |
Panel |
|
TCO |
1095 |
|
CO |
933 |
|
EO |
235 |
|
HEO |
13 |
|
AO |
147 |
|
AP |
85 |
|
PO |
56 |
271. Deputy Paul Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform in light of the finding of the Data Protection Committee that the Department of Social Protection improperly gathered data through the Public Service Card, his views on whether the call in June 2018 by the then-Secretary General at his Department for a ban on those with free travel passes from public transport during rush hour was made based on the data improperly gathered through the public services card; and the procedures that will be put in place to ensure this cannot happen again. [29268/23]
View answerIt is my understanding that the Department of Social Protection has accepted a recent Data Protection Commission (DPC) finding in relation to Free Travel usage data. Importantly, the DPC did not make any order following on from their investigation because the Department had already implemented the necessary measures in relation to transparency (since August 2016) and proportionate and necessary data collection (since February 2020).
The Department of Social Protection is not aware of any Free Travel usage data being shared with my Department.
272. Deputy Pádraig Mac Lochlainn asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will ask officials from the Office of Public Works to re-engage with a person (details supplied). [29374/23]
View answerThe Office of Public Works (OPW) is responsible for the maintenance of Arterial Drainage Schemes and Flood Relief schemes completed under the Arterial Drainage Acts, 1945 and 1995 as amended. The area in question does not form part of an Arterial Drainage Scheme, therefore the OPW does not have the authority to carry out any drainage maintenance at this location.
Riparian owners of land have an important role in ensuring that watercourses are managed and free flowing so that in extreme weather events the risk of flooding can be minimised.
273. Deputy Catherine Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if the OPW has ever or will make an application to designate lands (details supplied) as either a special area of conservation and special protection area, otherwise known collectively as NATURA 2000 sites and or a natural heritage area. [29417/23]
View answerThe Office of Public Works has never made an application to designate lands as either a special area of conservation and special protection area, otherwise known collectively as NATURA 2000 sites and or a natural heritage area. The designation of a site as a special area of conservation and special protection area is a matter for the National Parks and Wildlife Services.
It is important to note that there are two distinct parcels of lands to which the Deputy refers. One is owned by the State and managed by the Office of Public Works, the other lands are in private ownership.
The lands which are owned by the State have been actively managed for biodiversity conservation and gain since 2007. The historic landscape surrounding the House is expertly managed by a team of horticultural specialists in the OPW and is an exemplar site for the All Ireland Pollinator Plan with some grasslands of Annex 1 quality under the EU Habitats Directive. Extensive pollinator surveys have been conducted which have identified a large number of bumblebee, butterfly, hoverfly, and solitary bee species. Other studies have recorded a high diversity of tree, bird, and other invertebrate species. The landscape is of high value to grassland plants regionally due to the increasingly urban nature of the surrounding landscape.
The Office of Public Works has no remit in the management of the privately held lands adjacent to the State owned lands.
274. Deputy Paul Donnelly asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if the OPW intends to put out a tender for the provision of restaurant/café service at Dublin Castle during the remainder of 2023. [29426/23]
View answerIt is not intended to tender for provision of restaurant/café services at Dublin Castle at present as a process is currently underway to redevelop the visitor reception facilities at Dublin Castle.
The space formerly occupied by the tearooms/café has been prioritised for redevelopment as part of a planned new visitor hub for the Castle.
Visitors are already well served by numerous cafés and restaurants in the immediate vicinity of the Castle including at the Silk Road Café at the Chester Beatty, adjacent to the Dubh Linn gardens.
275. Deputy Eoin Ó Broin asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide a breakdown in tabular form of dividends disposed of for the benefit of the Exchequer in such manner as he or she may direct under section 7 of the Electricity Act 2001, specifically those which were not paid into the exchequer, for each year from 2009 to date. [29463/23]
View answerI wish to advise the Deputy that a deferred reply will be issued to him in respect of this Parliamentary Question, in line with Standing Order 51(1)(b).
276. Deputy Denis Naughten asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will outline the implementation of circular 25/2016 by each State body under the aegis of his Department; and if he will provide, in tabular form, by State agency, the compliance with each of the standards and timelines set out in responding to Oireachtas Members’ queries; and if he will make a statement on the matter. [29480/23]
View answerThe table below sets out the position with regard to the implementation of Circular 25/2016 by each body under the aegis of my Department. As a general point, the Deputy may wish to note that the Code of Practice for the Governance of State Bodies does not apply to the Office of Public Works, the National Shared Services Office, the Public Appointments Service, the Office of the Ombudsman or the State Laboratory. As Civil Service Offices, the Civil Service Corporate Governance Standard for Departments and Offices applies to those bodies.
|
Public Body |
Dedicated email address for Oireachtas Members |
Formal feedback process to obtain feedback from Oireachtas Members |
Meets target deadline for acknowledging queries within 3 working days |
Meets target of providing substantive response to queries within 15 working days |
Designated Person with responsibility for ensuring the timely provision of information to members of the Oireachtas |
Reports Annually in Chairperson's report on compliance with standards in the Circular |
Responses to queries from Oireachtas Members published |
|
National Shared Services Office |
Yes |
Yes |
Yes |
Yes |
Yes |
No* |
No |
|
Office of the Regulator of the National Lottery |
Yes |
Yes |
Yes |
Yes |
Yes |
No |
N/A (no queries received) |
|
Public Appointments Service |
Yes |
No |
Yes |
Yes |
Yes |
No* |
No |
|
Office of the Ombudsman** |
No |
No |
Yes |
Yes |
No |
No* |
No |
|
State Laboratory |
Yes |
No |
Yes |
Yes |
Yes |
No* |
No |
|
Office of Public Works |
Yes |
No |
Yes |
Yes |
Yes |
Yes* |
Yes |
* The Code of Practice for the Governance of State Bodies does not apply to the Office of Public Works, the National Shared Services Office, the Public Appointments Service, the Office of the Ombudsman or the State Laboratory. As Civil Service Offices, the Civil Service Corporate Governance Standard for Departments and Offices applies to those bodies.
** The responses reflect that the Office of the Ombudsman includes a number of separate entities under its ambit (the Office of the Ombudsman, the Office of the Commission for Public Service Appointments, the Standards in Public Office Commission, the Office of the Information Commissioner and the Office of the Commissioner for Environmental Information). Correspondence from Oireachtas Members is directed to the individual entities and is not centralised.
