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Thursday, 22 Jun 2023

Written Answers Nos. 184-208

Departmental Expenditure

Questions (184)

Rose Conway-Walsh

Question:

184. Deputy Rose Conway-Walsh asked the Minister for Transport the total spend on consulting services and on business-as-usual outsourcing, as differentiated under the Code of Practice for the Governance of State Bodies 2016, for each commercial public body under the aegis of his Department for 2022. [30269/23]

View answer

Written answers

The information requested is set out in the table with regard to the following Commercial Public Bodies under the aegis of the Department of Transport.

-

BODY

COMMERCIAL AGENCIES

1

CIÉ

Coras Iompair Éireann

2

Bus Átha Cliath

Bus Átha Cliath

3

Bus Éireann

4

daa plc

Dublin Airport Authority

5

DPC

Dublin Port Company

6

Iarnród Éireann

7

IAA

Irish Aviation Authority

8

ANI

AirNav Ireland

9

PoC

Port of Cork Company

10

PoW

Port of Waterford Company

11

SFPC

Shannon Foynes Port Company

12

TSAG

The Shannon Airport Group

This is a matter for the agencies themselves. I have forwarded your question to the agencies for direct reply. If the Deputy has not received a reply within ten working days please contact my private office.

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

Taxi Licences

Questions (185)

Robert Troy

Question:

185. Deputy Robert Troy asked the Minister for Transport if he will ensure taxi drivers who rent their plate are represented when filling the current vacancy on the advisory committee on small public service vehicles. [30296/23]

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Written answers

The Advisory Committee on Small Public Service Vehicles (SPSVs), also known as the Taxi Advisory Committee, was established under the Taxi Regulation Act 2013. The role of the Committee is to advise the National Transport Authority (NTA) and the Minister for Transport, as appropriate, in relation to issues relevant to small public service vehicles and their drivers.

The membership of the Committee is specified in Section 72(4) of the Taxi Regulation Act 2013. To ensure that the Committee can provide an informed view on relevant policy and regulatory matters, its composition is prescribed by legislation to ensure that it represents a broad range of interests and, insofar as is practicable, ensures an equitable gender balance between men and women, and equitable representation from both urban and rural areas. Drivers are important members of the Committee, and four positions are reserved to represent driver interests.

As I advised the Deputy in response to Parliamentary Question No. 37 on 31st May 2023, there are currently five positions filled by licensed SPSV drivers from across the country and I am satisfied that this ensures the Committee’s advice is informed by the perspective of drivers.

The NTA on behalf of the Minister, is seeking applications from suitably qualified candidates to fill the existing vacancy. This appointment will be made in accordance with the provisions of Section 72 of the Taxi Regulation Act 2013.

Taxi Licences

Questions (186)

Robert Troy

Question:

186. Deputy Robert Troy asked the Minister for Transport his views on the fact no new taxi plates are being issued despite figures from his Department that indicate 131 new licences issued per month from September 2022 to March 2023. [30297/23]

View answer

Written answers

The 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. I am not involved in the day-to-day operations of the SPSV industry and accordingly, I have referred your question to the NTA for direct reply to you. Please advise my private office if you do not receive a response within 10 working days.

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

Driver Test

Questions (187)

Paul Donnelly

Question:

187. Deputy Paul Donnelly asked the Minister for Transport if provision will be made for the cost of resitting a driving test; and the efforts being made to reduce the waiting times for repeat tests. [30324/23]

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Written answers

While the operation of the National Driving Test Service is the statutory responsibility of the Road Safety Authority (RSA), I understand that in terms of re-tests, where someone is unsuccessful at their driving test and reapplies, the RSA fast-track their application and send them a new invitation to book a test 6-8 weeks after their unsuccessful attempt to originally pass their test. However, presently, there are some locations where this is longer. Once the invitation is sent it is the same as with a first-time test and the applicant can choose any available slot. 

On the broader matter of driving test waiting times, the service has been under significant pressure to meet unprecedented demand, which is up 28% on 2021 figures. However, I would like to assure the Deputy that my department is working closely with the RSA on addressing this issue.

The RSA having reviewed the capacity of the service to meet demand, and following a request for additional resources in March 2023, my department gave approval to the RSA for the recruitment of up to 75 additional driver testers. This brings the total number of sanctioned driver tester posts to just over 200.

It is expected that once these additional driver testers are recruited, trained and deployed, the backlog for driver testing services 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 process is currently under way. 

Regarding the cost of resitting a driving test, the cost of a retest and first-time test are currently the same and have been since 2010. I have no proposals to change the current fee.

Transport Policy

Questions (188)

Bernard Durkan

Question:

188. Deputy Bernard J. Durkan asked the Minister for Transport the extent to which he proposes to ensure an adequate balance in investment in transport between urban and rural communities; and if he will make a statement on the matter. [30455/23]

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Written answers

The National Planning Framework and National Development Plan are underpinned by ten National Strategic Outcomes. Transport is key to delivering these outcomes across a range of areas, including sustainable mobility, the transition to a low-carbon society, compact growth, enhanced regional accessibility, and strengthened rural economies and communities. These outcomes are reflected in the sectoral investment framework for the coming decades, the National Investment Framework for Transport in Ireland, which includes specific investment priorities in relation to urban mobility and regional and rural connectivity.  

These strategic considerations are firmly reflected in the balance of investment across the transport sector. In urban areas, under the National Development Plan, significant progress will be made this decade in the delivery of BusConnects programmes in all five cities, DART+, MetroLink and Cork Commuter Rail. Outside of the cities, a range of new town bus services will also be launched starting with Carlow Town in July 2023, and followed by Mullingar, Ennis and Portlaoise. Additionally, Ireland’s first all-electric town bus service was also launched in January 2023.  

To support regional connectivity and our rural communities, this Government has committed to fully protecting transport maintenance budgets, preserving the value and safety of our various transport networks. In terms of investment in new infrastructure, the National Development Plan will see delivery of a range of national, regional and local road projects, including the Dunkettle Interchange, the N5 Westport to Turlough and strategic bypasses of rural towns such as Listowel and Moycullen. Furthermore, significant funding is available to local authorities for the delivery of new active travel and Greenways infrastructure in the coming years. Underlining this ambition, TII’s National Cycle Network to be published later this year will outline proposed cycling corridors between approximately 200 villages, town and cities nationwide.

Transport Policy

Questions (189)

Bernard Durkan

Question:

189. Deputy Bernard J. Durkan asked the Minister for Transport the extent to which he continues to ensure both urban and rural communities have access to adequate transport options; and if he will make a statement on the matter. [30456/23]

View answer

Written answers

The National Planning Framework and National Development Plan are underpinned by ten National Strategic Outcomes. Transport is key to delivering these outcomes across a range of areas, including sustainable mobility, the transition to a low-carbon society, compact growth, enhanced regional accessibility, and strengthened rural economies and communities. These outcomes are reflected in the sectoral investment framework for the coming decades, the National Investment Framework for Transport in Ireland, which includes specific investment priorities in relation to urban mobility and regional and rural connectivity.  

These strategic considerations are firmly reflected in the balance of investment across the transport sector. In urban areas, under the National Development Plan, significant progress will be made this decade in the delivery of BusConnects programmes in all five cities, DART+, MetroLink and Cork Commuter Rail. Outside of the cities, a range of new town bus services will also be launched starting with Carlow Town in July 2023, and followed by Mullingar, Ennis and Portlaoise. Additionally, Ireland’s first all-electric town bus service was also launched in January 2023.  

To support regional connectivity and our rural communities, this Government has committed to fully protecting transport maintenance budgets, preserving the value and safety of our various transport networks. In terms of investment in new infrastructure, the National Development Plan will see delivery of a range of national, regional and local road projects, including the Dunkettle Interchange, the N5 Westport to Turlough and strategic bypasses of rural towns such as Listowel and Moycullen. Furthermore, significant funding is available to local authorities for the delivery of new active travel and Greenways infrastructure in the coming years. Underlining this ambition, TII’s National Cycle Network to be published later this year will outline proposed cycling corridors between approximately 200 villages, town and cities nationwide.

Rail Network

Questions (190, 191)

Bernard Durkan

Question:

190. Deputy Bernard J. Durkan asked the Minister for Transport the extent to which he continues to make adequate provision for increased numbers of commuters using the rail services in County Kildare, with particular reference to increasing the number and frequency of carriages and services to areas like Kilcock, Maynooth, Leixlip and Confey; and if he will make a statement on the matter. [30457/23]

View answer

Bernard Durkan

Question:

191. Deputy Bernard J. Durkan asked the Minister for Transport the extent to which he continues to make adequate provision for increased numbers of commuters using the rail services in County Kildare, with particular reference to increasing the number and frequency of carriages and services to areas like Hazelhatch, Sallins and Newbridge; and if he will make a statement on the matter. [30458/23]

View answer

Written answers

I propose to take Questions Nos. 190 and 191 together.

As the 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 of the provision of additional individual rail services is an operational matter for Iarnród Éireann in conjunction with the National Transport Authority and I have therefore forwarded the Deputy's question to Iarnród Éireann for direct reply. 

Please advise my private office if you do not receive a response within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51
Question No. 191 answered with Question No. 190.

Rail Network

Questions (192, 195)

Bernard Durkan

Question:

192. Deputy Bernard J. Durkan asked the Minister for Transport the extent to which it still remains possible to extend the DART beyond Kilcock, County Kildare, to serve an increasingly populous catchment area; and if he will make a statement on the matter. [30459/23]

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Bernard Durkan

Question:

195. Deputy Bernard J. Durkan asked the Minister for Transport to provide an indicative timeline for the electrification of the Maynooth rail line; and if he will make a statement on the matter. [30462/23]

View answer

Written answers

I propose to take Questions Nos. 192 and 195 together.

As Minister for Transport,  I have responsibility for policy and overall funding in relation to public transport. The National Transport Authority (NTA) has statutory responsibility for the planning and development of public transport infrastructure in the Greater Dublin Area, including the DART+ Programme and its constituent projects.

The Deputies may be aware that the Greater Dublin Area Transport Strategy 2022-2042 includes proposed extensions to the DART network, including to Kilcock, as longer-term interventions. This would be separate to the existing DART+ programme and subject to appraisal and funding considerations. 

Noting the NTA's responsibility in this matter and the specific issues raised by the Deputies, I have referred the Deputies' questions to the NTA for a more detailed reply.  Please contact my private office if you do not receive a reply within 10 days.

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

Public Transport

Questions (193)

Bernard Durkan

Question:

193. Deputy Bernard J. Durkan asked the Minister for Transport the extent to which it might be possible to provide an appropriate bus or taxi service for older people throughout north Kildare who may not be sufficiently ambulant to avail of public transport or their own private transport, with particular reference to shopping; and if he will make a statement on the matter. [30460/23]

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Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport.

The National Transport Authority (NTA) has statutory responsibility for the day-to-day operations and promoting the development of an integrated, accessible public transport network, in both urban and rural areas.

In light of the NTA's responsibilities, including the provision of accessible public transport services in rural areas, I have forwarded your questions to the NTA for direct reply to you. Please advise my private office if you do not receive a response within ten working days.

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

Transport Policy

Questions (194)

Bernard Durkan

Question:

194. Deputy Bernard J. Durkan asked the Minister for Transport the extent, if any, to which research is being done to identify any shortcomings and provide for future transport needs of current or future commuters across north Kildare; and if he will make a statement on the matter. [30461/23]

View answer

Written answers

As Minister for Transport,  I have responsibility for policy and overall funding in relation to public transport. The National Transport Authority (NTA) has statutory responsibility for the planning and development of public transport infrastructure in the Greater Dublin Area, including development and implementation of the Transport Strategy for the Greater Dublin Area 2022- 2042.

The Transport Strategy for the Greater Dublin Area (GDA) provides a framework for the planning and delivery of transport infrastructure and services in the GDA, including County Kildare.

Noting the NTA's responsibility in this matter and the specific issues raised by the Deputy, I have referred the Deputy's questions to the NTA for a more detailed reply.  Please contact my private office if you do not receive a reply within 10 days.

A referred reply was forwarded to the Deputy under Standing Order 51
Question No. 195 answered with Question No. 192.

Road Network

Questions (196, 197)

Bernard Durkan

Question:

196. Deputy Bernard J. Durkan asked the Minister for Transport the extent to which adequate provision continues to be made for the minor roads throughout County Kildare currently experiencing increased traffic volumes; and if he will make a statement on the matter. [30463/23]

View answer

Bernard Durkan

Question:

197. Deputy Bernard J. Durkan asked the Minister for Transport the extent to which he continues to ensure the appropriate roads throughout north Kildare attract sufficient levels of investment by way of whatever schemes are available, such as LIS or direct funding from his Department or other Departments; and if he will make a statement on the matter. [30464/23]

View answer

Written answers

I propose to take Questions Nos. 196 and 197 together.

The 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 a matter for the local authority.

As Kildare County Council is responsible for maintaining and improving its public regional and local roads, it is the Council's responsibility to determine its priorities and work programme while taking account of the funding available from the Council's own resources and external sources of funding.

The maintenance of roads not taken in charge by local authorities is the responsibility of the relevant landowners. In September 2017, the Minister for Rural and Community development introduced dedicated funding for the LIS and is continuing to fund the scheme. In light of the significant funding being put into LIS by the Department of Rural and Community Development and the need to direct resources into maintaining and renewing public roads, it was decided that with effect from 2018 the option of allocating a proportion of this Department's Discretionary Grant under the Regional and Local Road Grant Programme to LIS would no longer apply and this remains the position. In relation to national roads, 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. In this context, TII is best placed to advise you. I have, therefore, referred your questions 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
Question No. 197 answered with Question No. 196.

Bus Éireann

Questions (198)

Marian Harkin

Question:

198. Deputy Marian Harkin asked the Minister for Transport the reason a mobility scooter will not be accepted on the Enniscrone to Ballina and Enniscrone to Sligo Bus Éireann bus routes; and if an assessment will be carried out on this scooter, as has been requested, as a matter of urgency. [30020/23]

View answer

Written answers

As Minister for Transport, I have responsibility for policy and overall funding for public transport.

The National Transport Authority (NTA) has statutory responsibility for developing an accessible, integrated and sustainable public transport network.  The NTA works with the public transport companies, for example Bus Éireann, who have responsibility for the operation of services, including decisions regarding the carriage of mobility scooters on their services.

In light of Bus Éireann's responsibilities regarding the use of mobility scooters on its public transport services, including in counties Mayo and Sligo, I have forwarded your question to Bus Éireann for direct reply to you. Please advise my private office if you do not receive a response within ten working days.

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

Bus Services

Questions (199)

Marian Harkin

Question:

199. Deputy Marian Harkin asked the Minister for Transport for a definitive reason for the exclusion of the Maugheraboy stop on the new No. 981 bus route from Coolaney to St. Angela’s College in Sligo, given this stop was referred to in all press releases when the route was announced; and when this stop will be included in the route. [30022/23]

View answer

Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport.

The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally. The NTA also has national responsibility for integrated local and rural transport, including delivering the Connecting Ireland Rural Mobility Plan and new Town Services.

In light of the NTA's responsibilities for the rollout of new services, including in county Sligo, I have referred your question to the NTA for direct reply to you. 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

Tax Reliefs

Questions (200)

Seán Canney

Question:

200. Deputy Seán Canney asked the Minister for Finance to reintroduce tax relief for first-time mortgage holders in light of the increasing interest rates; and if he will make a statement on the matter. [30098/23]

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Written answers

As I have stated previously in the House, the position is that the formulation and implementation of monetary policy in the eurozone and the setting of official interest rates is an independent matter for the ECB. The Government has no role in setting official interest rates, nor in setting the retail interest rates that lenders may charge on their loans, including mortgages. That is a business and commercial matter for individual lenders.

As the Deputy will be aware, mortgage interest relief for principal private residences was phased out on a gradual basis over the period 2009 to 2020. The decision to abolish it was taken in the wake of the financial crisis, with the cost of the relief being one of the influencing factors. The relief cost approximately €280 million in 2005, rising to more than €700 million in 2008. Prior to its curtailment and eventual abolition, the top two income deciles in 2005 accounted for close to half of the tax forgone through tax relief. This issue was highlighted in the findings of the 2009 Commission on Taxation report.

While I am acutely aware that there have been increases in certain mortgage rates by some lenders, it is important to point out that mortgage interest rates, in particular fixed interest rates, have fallen over the past number of years. For example, in December 2014, the average level of fixed interest rates for new lending was 4.11 per cent compared with 3.54 per cent in April 2023. Furthermore, in April, mortgages rates in Ireland were amongst the lowest in the eurozone.

The data also indicate that a significant portion of new mortgages, 89 per cent in April 2023, are now fixed rate mortgages and this will protect borrowers, including first time mortgage holders, in the event of a rise in official and market interest rates at least for the period that the interest rate is fixed.

The reintroduction of mortgage interest relief, even on a selective or tailored basis is likely to involve significant costs and needs to be considered, not on an ad hoc basis, but in the context of a range of other cost of living measures being provided.

It should be noted that this Government has responded swiftly and decisively, multiple times, to help to offset the most severe impacts of inflation, with a particular focus on protecting the most vulnerable. Overall, €12 billion in direct relief has been made available to counter the effects of inflation, with the policy response designed to avoid generating second round effects that could lead to an inflationary spiral.

The recent report of the Commission on Taxation and Welfare put forward no case or recommendation for the reintroduction of relief for mortgage interest. Further, the OECD has recommended limiting or phasing out mortgage interest relief on owner-occupied housing.

For all of these reasons, the annual Budget is the appropriate time to decide how the available resources can best be deployed to support different groups.

Legislative Reviews

Questions (201)

Mairéad Farrell

Question:

201. Deputy Mairéad Farrell asked the Minister for Finance the date he will be publishing the terms of reference for his review of section 110 of the Taxes Consolidation Act 1997; the work he has undertaken to date with respect to same; and if he will make a statement on the matter. [29025/23]

View answer

Written answers

In its 2022 Report, the Commission on Taxation and Welfare recommended that a review of the section 110 regime be undertaken. This recommendation has been incorporated into the Terms of Reference for the “Funds Sector 2030” Review which I published on 6 April this year.

In line with the Terms of Reference, the Funds Review will, amongst other things, consider:

“the use and scope of the Section 110 regime, both in the context of the property sector and more generally so as to ensure that the regime is fit for purpose and meeting agreed policy objectives”.

A team has now been established to undertake the Funds Review and has begun its work, which includes a public consultation. While it would not be appropriate to presuppose any outcomes of the Review, I would encourage all stakeholders with an interest in matters relating to the funds sector, as well as in relation specifically to section 110 regime, including Deputies, to fully engage with the consultation process. The Review Team will present a report to me by summer 2024.

Financial Services

Questions (202)

Mairéad Farrell

Question:

202. Deputy Mairéad Farrell asked the Minister for Finance his plans for the additional regulation of fintech companies providing banking services and holding an Irish banking licence; and if he will make a statement on the matter. [29294/23]

View answer

Written answers

Fintech firms use technology to deliver financial services and products to consumers. These services and products could be anything that relates to finance, including banking, insurance, and investing. Some fintech firms do not directly provide services to the consumer but instead use technology to support financial services. Any firm that offers a banking service, or a range of banking services, to Irish consumers must hold the relevant license or authorisation. This applies to all firms whether or not the service is delivered totally online.

The Retail Banking Review, which was published in November 2022 by the Minister for Finance, identified a number of areas requiring regulation within the Irish banking sector and provided a number of recommendations to address them.

Firstly, access to cash and banking services were identified as areas requiring specific attention. One recommendation contained within the report was for the Department of Finance to develop Access to Cash legislation, and prepare heads of a bill in 2023. The Review also called on Department officials to prepare heads of a bill in 2023 to require ATM operators to be authorised and supervised by the Central Bank and to provide the Central Bank with responsibility and powers to protect the resilience of the cash system including the authorisation and supervision of cash-in-transit (CIT) firms in respect of their cash handling activities and related financial services. Work on the preparation of the heads of bill is underway.

Secondly, the Banking Review also contains two recommendations that could potentially result in additional regulation for Fintech companies depending on their activities and whether they provide finance to SMEs. Following consultation with stakeholders, the Department of Finance will prepare legislation to require providers of credit to SMEs to be authorised and supervised by the Central Bank, so that all SME borrowers benefit from the protections of the Central Bank’s SME Regulations. The Central Bank will review and amend the SME Regulations to take account of legislative changes and developments in the revised Consumer Protection Code, particularly digital/online matters, automated decision making and customer charters and service standards.

Also, it should be noted that the Central Bank of Ireland is currently conducting a comprehensive review of the Consumer Protection Code 2012 (“Code”). The Code applies to the regulated activities of financial services providers authorised, registered or licensed by the Central Bank and financial services providers authorised, registered or licensed in another EU or EEA Member State when providing services in this State on a branch or cross border basis.

The Review was launched with a Discussion Paper on the topic of consumer protection in financial services. The Discussion Paper seeks views on specific consumer protection topics including: availability and choice of financial products, firms acting in consumers’ best interests, innovation and disruption, digitalisation, vulnerability, financial literacy and climate matters.

The Public Consultation phase, which is expected to launch in Q4 2023, will see the publication of a Consultation Paper setting out specific proposals on how the Code should be updated and improved. This will be accompanied by draft regulations. The aim of the consultation will be to seek views from interested stakeholders on proposed changes to the Code, and to ensure clarity and transparency with regard to the proposed measures.

Departmental Expenditure

Questions (203)

Rose Conway-Walsh

Question:

203. Deputy Rose Conway-Walsh asked the Minister for Finance the total spend on consulting services and on business-as-usual outsourcing, as differentiated under the Code of Practice for the Governance of State Bodies 2016, for each commercial public body under the aegis of his Department for 2022. [30259/23]

View answer

Written answers

The Code of Practice for the Governance of State Bodies 2016, Business and Financial Reporting Requirements provides that “State bodies should disclose details of expenditure on external consultancy/adviser fees in their annual report and/or financial statements for each accounting year for each entity”.

The Code states that for the purpose of disclosure in financial statements/annual report, ‘consultancy fees’ means fees paid to external parties providing advisory services of any nature. The 2017 Guide to the Implications for the Annual Financial Statements and the Annual Report defines consultancy as "where a person, organization or group thereof is engaged to provide intellectual or knowledge-based services (e.g. expert analysis and advice) through delivering reports, studies, assessments, recommendations, proposals, etc. that contribute to decision- or policy-making in a contracting authority". The engagement should be for a limited time period to carry out a specific finite task or set of tasks that involve expert skills or capabilities that would not normally be expected to reside within the contracting authority.

The Guide provides further clarity on the requirement to disclose consultancy costs and it is suggested that fees paid to external service providers should be categorised as Legal, Financial, PR/Marketing, HR and Pensions, Business Improvement and Other.

As set out on page 27 of the Guide to the Implications for the Annual Financial Statements and the Annual Report, consultancy costs include the cost of external advice to management and exclude outsourced ‘business as usual’ functions which do not fit within the definition of consultancy as outlined above.

The table below provides total spend in 2022 on consulting services and on ‘business-as-usual’ outsourcing, as provided by the commercial State bodies under the aegis of my Department.

Home Building Finance Ireland appoints Legal, Monitoring Surveyor and Valuation firms as part of the due diligence process on each of its loan transactions, with the costs being recovered from the relevant borrower. These costs have been excluded from the figures below.

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Consulting Services– Total Spend 2022

‘Business-as- usual’ outsourcing – Total Spend 2022

Home Building Finance Ireland

€172,000

€165,000

National Asset Management Agency

€281,000

€12,724,000

Strategic Banking Corporation of Ireland

€240,151

€445,127

Departmental Expenditure

Questions (204)

Rose Conway-Walsh

Question:

204. Deputy Rose Conway-Walsh asked the Minister for Finance further to Parliamentary Questions Nos. 195 of 20 April and 381 of 13 June 2023, if he will explain the discrepancy in the figure provided for the CBI spend on consultant services in 2022; if he will provide details of the companies and purpose of the contracts with the CBI; and if he will make a statement on the matter. [30278/23]

View answer

Written answers

It was not possible for the Central Bank to provide the information sought in the time available and, therefore, I will make arrangements to provide the information to the Deputy in line with Standing Orders.

Departmental Expenditure

Questions (205)

Rose Conway-Walsh

Question:

205. Deputy Rose Conway-Walsh asked the Minister for Finance further to Parliamentary Questions Nos. 195 of 20 April and 381 of 13 June 2023, if he will explain the discrepancy in the figure provided for the NTMA spend on consultant services in 2022; if he will provide details on the companies and purpose of the contracts with the NTMA; and if he will make a statement on the matter. [30279/23]

View answer

Written answers

The two Parliamentary Questions referred to differed in scope regarding the type of services and the financial information requested in respect of such services. Accordingly, the data provided in the two responses is not directly comparable.

Parliamentary Question No. 381 of 13 June 2023, PQ reference 27962/23, sought details in respect of the total spend on consultancy services and on ‘business-as-usual’ functions, as required by the Code of Practice for the Governance of State Bodies 2016, for 2022.

In addition, under the NTMA element the published response for Parliamentary Question No. 381 of 13 June 2023 omitted in error information related to the Ireland Strategic Investment Fund. The full table of information related to the NTMA that should have formed part of the original PQ response is included now below.

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Consulting Services & ‘Business-as-usual’ – Total Spend 2022*

National Treasury Management Agency

€000

Legal

262

Tax & Financial

2,591

Actuarial

665

Public Relations and Marketing

133

Pension and Human Resources

24

Facilities and Other

133

Total Advisory fees

3,788

‘Business-as-usual’ functions

1,527

Total Professional Fees

5,315

Ireland Strategic Investment Fund

Legal

2,850

Financial and Tax Advisory

1,619

Total Advisory Fees

4,469

Parliamentary Question No. 195 of 20 April 2023, PQ reference 18731/23, sought details of the services of consultants enlisted in 2022 and the purpose and value of those contracts.

The NTMA has advised me that their response to that Question contained details of contracts signed by the NTMA in 2022 with consultants that provided expert advice across all five of the NTMA’s statutory mandates (Funding & Debt Management, Ireland Strategic Investment Fund, National Development Finance Agency, New Economy & Recovery Agency, State Claims Agency) and the associated corporate functions. Certain contracts entered into by the State Claims Agency in the performance of its statutory mandate in relation to claims management (such as medical and non-medical expert witness services and Barrister services) were not included in this response on the basis that they were not considered to be "consultants" within the meaning of the PQ.

The amounts specified were the estimated total value of the relevant contracts over their lifetime, except where otherwise specified.”

Departmental Expenditure

Questions (206)

Rose Conway-Walsh

Question:

206. Deputy Rose Conway-Walsh asked the Minister for Finance the breakdown of the business as usual outsourcing cost of the Central Bank of Ireland, including companies and purpose of contract, in tabular form; and if he will make a statement on the matter. [30280/23]

View answer

Written answers

It was not possible for the Central Bank to provide the information sought in the time available and, therefore, I will make arrangements to provide the information to the Deputy in line with Standing Orders.

Regulatory Bodies

Questions (207)

Louise O'Reilly

Question:

207. Deputy Louise O'Reilly asked the Minister for Finance the steps being taken domestically and at EU level to ensure public access to the register of beneficial ownership is restored; and if he will make a statement on the matter. [30313/23]

View answer

Written answers

In November 2022 the Court of Justice of the European Union ruled, in Joined Cases C-37/20 and C-601/20, that a provision of the EU anti-money-laundering directive, under which information on the beneficial ownership of corporate and other legal entities, held in central registers, must be provided to the general public, is invalid. The Court found that the provision interfered with the rights recognised in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.

Therefore access for the public must now be on the basis of the previous version of that Directive, meaning on the basis of having a legitimate interest.

Following receipt of legal advice from the Office of the Attorney General and in order to ensure our domestic legislation complies with the Court’s ruling, a Statutory Instrument was prepared amending Regulations which govern two of Ireland’s registers of beneficial ownership information - the Register of Beneficial Ownership of Companies and Industrial & Provident Societies (RBO), which operates under the auspices of the Department of Enterprise, Trade and Employment; and  the Central Register of Beneficial Ownership of Irish Collective Asset-management Vehicles, Credit Unions and Unit Trusts, which is operated by the Central Bank of Ireland. I have now signed this Statutory Instrument (S.I.) into law as S.I. 308 of 2023, the European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) (Amendment) Regulations 2023.

The central feature of this Statutory Instrument is an amendment of Regulation 25 (3) of S.I. 110 of 2019, such that access to the two Registers referenced above can be provided to persons who have - and can demonstrate - a "legitimate interest", in accordance with the Court’s judgement. Legitimate interest will be determined in line with what is already provided for in Regulation 27(4) of S.I. No. 194/2021, which established the Central Register of Beneficial Ownership of Trusts (which is not affected by the court ruling). In summary, the requester would have to justify access, to the Registrar, by demonstrating that the requester is engaged in the prevention, detection or investigation of money laundering and/or terrorist financing offences. In addition, the person must demonstrate that the entity which is the subject of the access request is connected with persons convicted (whether in the State or elsewhere) of an offence consisting of money laundering or terrorist financing, or that the entity holds assets in a high-risk third country.

At EU level, new anti-money laundering legislation is still being negotiated, following its publication by the European Commission in July 2021. On 7 December 2022, the Council of the European Union agreed its position on two parts of this package - a new EU Directive and EU Regulation - and published its mandate for negotiations with the European Parliament (the Council had previously agreed its position on the other elements of the draft package). It can be seen from this mandate that the Council proposes that provision for access to beneficial ownership information, by the public, should be on the basis of ‘legitimate interest’. Negotiation of this draft legislation with the European Parliament is currently underway and agreement is expected to be reached during 2023.

Further amendments to domestic legislation in this regard may be required as part of the transposition process, once that new legislation is agreed.

EU Directives

Questions (208)

Ged Nash

Question:

208. Deputy Ged Nash asked the Minister for Finance the reasons the Government plans to transpose the credit servicers directive by statutory instrument, and not primary legislation; if the Government is making efforts to have the trading of mortgages explicitly excluded from the terms of the directive; and if he will make a statement on the matter. [30397/23]

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Written answers

The negotiations on the scope of the Credit Servicers Directive have been concluded. It provides for a common EU framework for the transfer and management of bank-originated non-performing loans, including mortgages, which are transferred or sold after 29 December 2023.

The Directive provides for an EU-wide regulatory arrangement for both the purchasers and servicers of such credit agreements and in particular provides for a new EU authorisation framework for ‘credit servicers’ to be overseen by national competent authorities, which in the case of Ireland will be the Central Bank of Ireland.

Any entities authorised under this framework will have the right to passport credit servicing activities across the EU based on a home Member State authorisation.

Officials in my Department are engaging with the Attorney General's Office on the transposition of the Directive which must be concluded by 29 December 2023.

It is proposed to do so by way of a Ministerial regulation made under the European Communities Act 1972, subject to meeting the legal requirements for this process.

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