Written Answers Nos. 141-161
141. Deputy Paul Murphy asked the Minister for Transport to provide details of the steps Dublin Bus, a company (details supplied) and Transport Ireland are taking when they receive complaints; the process for handling complaints; and how long are they taking to process them. [45102/23]
View answerAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally and for the scheduling and timetabling of these services in conjunction with the relevant transport operators.
The performance of all public transport operators is monitored by the NTA as part of the contractual arrangements in place between it and the operators. These contractual arrangements allow for not just the monitoring of performance by the NTA and the publication by it of annual performance reports, but importantly, the contracts also allow for the imposition of financial penalties where performance does not meet the required standard.
In light of the Authority's responsibility in this area, I have forwarded the Deputy's question to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.
142. Deputy Paul Murphy asked the Minister for Transport to provide details of bus services in Dublin that were delayed or unable to run; the reason they were delayed or unable to run; the breakdown of each route and area in Dublin that they service; and if he will make a statement on the matter. [45103/23]
View answerAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally and for the scheduling and timetabling of these services in conjunction with the relevant transport operators.
The performance of all public transport operators is monitored by the NTA as part of the contractual arrangements in place between it and the operators. These contractual arrangements allow for not just the monitoring of performance by the NTA and the publication by it of annual performance reports, but importantly, the contracts also allow for the imposition of financial penalties where performance does not meet the required standard.
In light of the Authority's responsibility in this area, I have forwarded the Deputy's question to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.
143. Deputy Martin Kenny asked the Minister for Transport if he will consider filling the two vacant positions on the board of the Road Safety Authority; to outline the recruitment process; to outline how long these positions have been vacant; and if he will make a statement on the matter. [45150/23]
View answerAppointments to State Boards under the aegis of my Department are made in line with the Government Guidelines on Appointments to State Boards.
In relation to board of the Road Safety Authority, a vacancy arose in December 2022 following a resignation and a further board member’s term expired in August 2023.
In June 2023 the Public Appointments Service launched a campaign for non-executive directors to fill current and upcoming vacancies on the board. Candidates were assessed on the basis of their applications and some were invited to speak with Department of Transport officials, leading to a shortlist.
That recruitment process is expected to be finalised shortly, with new appointees to the board to be announced thereafter.
144. Deputy Denise Mitchell asked the Minister for Transport if transport will be granted to a person (details supplied). [45172/23]
View answerAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally and for the scheduling and timetabling of these services in conjunction with the relevant transport operators.
In light of the Authority's responsibility in this area, I have forwarded the Deputy's specific question in relation to whether transport will be granted to a particular person to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.
145. Deputy Colm Burke asked the Minister for Transport if consideration will be given to the addition of a cancellation list for driving test appointments at test centres nationally to facilitate those who urgently require a driving test appointment in view of the current five-month waiting time for a test; and if he will make a statement on the matter. [45195/23]
View answerUnder the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service. Consequently, neither I nor my Department have powers to intervene in aspects of service delivery, including scheduling matters.
I have referred the Deputy's question to the RSA for consideration and direct response on the specific issues raised. I would ask the Deputy to contact my office if a response has not been received within ten days.
146. Deputy Colm Burke asked the Minister for Transport the current average waiting time for driving tests nationally; what progress has been made to date in reducing the five-month waiting time for driving tests experienced by applicants earlier in 2023; and if he will make a statement on the matter. [45196/23]
View answerUnder the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for all aspects of the National Driving Test service.
The current national waiting time is currently 28 weeks, which far exceeds the agreed service level waiting time for invitation to test of 10 weeks. The service has been under significant pressure to meet unprecedented demand, which has increased by 28% compared with 2021 figures.
In response to these pressures, the Authority reviewed the capacity of the driver testing service and, following a request for additional resources, my Department gave approval in March for the recruitment of up to 75 additional driver testers. This brings the total number of sanctioned driver tester posts to just over 200.
I have been advised that the first tranche of new recruits were deployed in September and a small decline in average wait times has been seen following the deployment of the first new testers.
As of beginning of October, 29 additional driver testers have joined the Road Safety Authority (deployed or in training) with a further 13 lined up for November. This is a net increase to the organisation anticipated by end of December of 42 personnel.
The additional driver testers are being allocated across the driver testing service with a focus on geographical areas with the longest waiting times and highest demand for tests. The backlog for driver testing services will continue to decline and the Authority estimates that agreed service levels of average wait times of 10 weeks will resume mid-2024.
147. Deputy Brendan Smith asked the Minister for Transport when additional personnel will be assigned on a permanent basis to the Cavan test centre in view of ongoing delays for applicants awaiting tests at this centre; and if he will make a statement on the matter. [45242/23]
View answerUnder the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service. This includes the deployment of driver testing staff.
As such, the first part of the question regarding the Cavan test centre is being referred to the RSA 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 delays, the service has been under significant pressure to meet unprecedented demand, which has increased by 28% compared with 2021 figures. In response to these pressures, earlier this year the Authority reviewed the capacity of the driver testing service and, following a request for additional resources, my Department gave approval for the recruitment of up to 75 additional driver testers. This brings the total number of sanctioned driver tester posts to just over 200.
This recruitment is underway and being managed by the Authority. I have been advised that the first tranche of new recruits were deployed in September. The additional driver testers are being allocated across the driver testing service with a focus on geographical areas with the longest waiting times and highest demand for tests.
As the additional driver testers are trained and deployed, the backlog for driver testing services will begin to decline and the RSA estimate that the agreed service level of average wait times of 10 weeks will resume in mid-2024.
148. Deputy Denis Naughten asked the Minister for Transport further to Parliamentary Question No. 11 of 19 January 2023, if he will outline the outcome from the engagement with the Minister for Rural and Community Development or the Department of Tourism, Culture, Arts, Sport, Gaeltacht and Media, on this issue concerned; and if he will make a statement on the matter. [45262/23]
View answerAs per Parliamentary Question No. 11 of 19 January 2023
The Deputy will be aware that voluntary search and rescue groups, such as those referred by the Deputy, do not come under the aegis of the Department of Transport.
As confirmed in that PQ, the Department does provide an annual maintenance grant to support the search and rescue activities of voluntary search groups involved in mountain and cave rescue and community rescue boats. The Department will shortly provide a further update on this matter to the Deputy directly.
149. Deputy Pauline Tully asked the Minister for Transport if there are plans to have a regular Local Link bus serving the Belturbet area of Cavan. [45292/23]
View answerAs 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 TFI Local Link services and the rollout of services under the Connecting Ireland Rural Mobility Plan.
In light of the NTA's responsibilities for public transport services in county Cavan, 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.
150. Deputy Pauline Tully asked the Minister for Transport the locations and capacity of each park-and-ride facility funded by the National Transport Authority, in tabular form. [45293/23]
View answerAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. As you are aware, the National Transport Authority (NTA) has responsibility for the planning and development of public transport infrastructure in our cities, including the provision of Park and Ride facilities.
Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for a direct reply. Please contact my private office if you do not receive a reply within 10 days.
151. Deputy Cathal Crowe asked the Minister for Transport if NewEra has made contact with officials in his Department on the matter of an Irish Aviation Authority, IAA, board request to make a payment of 2% of their current pensions to IAA pensioners for 2023; and if he will make a statement on the matter. [45300/23]
View answer152. Deputy Cathal Crowe asked the Minister for Transport if he will provide an update on the long-standing grievance between Irish Aviation Authority retirees and their former employers, that is, the pension increases in accordance with section 41(5) of the Irish Aviation Authority Act 1993; and if he will make a statement on the matter. [45301/23]
View answerI propose to take Questions Nos. 151 and 152 together.
From 1 May 2023 responsibility for past pensionable remuneration for all Irish Aviation Authority (“IAA”) staff, transferred from the IAA to AirNav Ireland.
In line with the Rules of the Pension Plan any increases to pensions in payment are at the discretion of AirNav Ireland. In this regard, the Board of AirNav Ireland recently agreed to provide a 2% increase in pensions in payment with effect from 1 January 2023.
The Rules also require the authorisation of the Minister for Transport, given with the concurrence of the Minister for Public Expenditure, NDP Delivery and Reform before any such increases can be executed. In addition, Circular 16/2021 (Code of Practice for the Governance of State Bodies - Amendments to the Annex on Remuneration and Superannuation), provides that Ministerial approval is also required for, among other things, changes to pension scheme benefits, such as pension increases.
AirNav Ireland has sought the necessary approvals and following consideration of the matter, the required Ministerial approvals have been provided to AirNav Ireland. I have been informed by AirNav Ireland that it is now engaging with the Pension Trustees to finalise arrangements to give effect to the increase to pensions in payment which is effective from 1 January 2023.
153. Deputy Niamh Smyth asked the Minister for Transport the reason a person (details supplied) has been waiting since March 2023 for a driving test; if the test will be expedited; and if he will make a statement on the matter. [45306/23]
View answerUnder the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service. Consequently, information on applicants is held by the RSA and neither I nor my Department have the power to intervene in individual cases.
I have referred the Deputy's question to the RSA for direct response on the specific case raised. I would ask the Deputy to contact my office if a response has not been received within ten days.
154. Deputy Peadar Tóibín asked the Minister for Transport further to Parliamentary Question No. 194 of 3 October 2023, if he will provide detail on the nature of the data breaches suffered by his Department; the severity of the breaches; if all individuals whose information was compromised were notified of the breach; if the Data Protection Commission was notified of all data breaches; and if he will make a statement on the matter. [45346/23]
View answerPlease see below in tabular form the number of data breaches reported within my Department, and noting the number which were reported to the Data Protection Commission (DPC) and the number which were notified to the data subject(s).
|
Year |
Number of Data Breaches |
Number of breaches reported to the DPC |
Number of breaches notified to data subject(s) |
|
2017 |
No records of any data breaches within the Department. |
- |
- |
|
2018 |
3 |
1 |
3 |
|
2019 |
9 |
4 |
5 |
|
2020 |
5 |
0 |
2 |
|
2021 |
8 |
4 |
6 |
|
2022 |
11 |
0 |
5 |
|
2023 to 29/09/2023 |
4 |
1 |
2 |
All breaches must be formally notified to the Department’s Data Protection Officer for assessment. In line with guidance from the Data Protection Commission (DPC), the majority of confirmed data breaches were deemed not to meet the threshold that would require formal reporting to the DPC due to the nature of the particular risk, and as such notification to the DPC was not required. These were managed internally with steps taken to ensure that similar breaches would not reoccur.
The majority of confirmed data breaches related to incidents where personal data was accidentally and inadvertently disclosed to third parties. Examples include emails sent to the wrong recipient. There were also a number of incidents where laptops/tablets/mobile phones were temporarily mislaid but which were recovered and it was confirmed that no unauthorised access had been made to the devices.
155. Deputy Michael Healy-Rae asked the Minister for Transport if he will address a matter (details supplied); and if he will make a statement on the matter. [45357/23]
View answerThe regulation of the small public service vehicle (SPSV) industry, including SPSV licensing, is a matter for the independent transport regulator, the National Transport Authority (NTA), under the provisions of the Consolidated Taxi Regulation Acts 2013 and 2016. I am not involved in the day-to-day operations of the SPSV industry.
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.
156. Deputy Niamh Smyth asked the Minister for Transport to urgently contact the TII regarding the lack of safe park-and-ride facilities along the N3 road (details supplied); if they are aware of safety issues at bus stops along this route including fatalities at some; and if he will make a statement on the matter. [45362/23]
View answerAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. The National Transport Authority (NTA) has responsibility for the planning and development of public transport infrastructure, including the provision of Park and Ride facilities.
As a background, it is the intention of the NTA, in conjunction with TII, Irish Rail, local authorities, and landowners to deliver high quality major interchange facilities or Mobility Hubs at appropriate locations served by high-capacity public transport services. These will be designed to be as seamless as possible and will incorporate a wide range of facilities as appropriate such as cycle parking, seating, and shelter.
TII in collaboration with Cavan County Council are currently investigating the provision of enhanced parking facilities and works to improve the safety of rural bus stops on the N3. This work began early this year and is overseen by the NTA.
Noting the NTA's overall responsibility in the matter, I have referred the Deputy's question to the NTA for a direct reply. Please contact my private office if you do not receive a reply within 10 days.
157. Deputy Jennifer Murnane O'Connor asked the Minister for Finance if he will seek EU funding to cover the cost of replacing the two customs cutter vessels for the Revenue Commissioners; and if he will make a statement on the matter. [44678/23]
View answerRevenue has primary responsibility for the prevention, detection, interception, and seizure of controlled drugs intended to be smuggled or illegally imported into, or exported from, the State. This Government has been consistent in its strong support in ensuring that Revenue has the necessary resources to fulfil its mandate in this regard.
Revenue’s Maritime Unit which has a national remit to patrol and monitor internal waters, territorial seas and adjacent waters, currently has two Cutters (patrol vessels) in active service, with one of those vessels approaching the end of its service life. I am advised by Revenue that a tendering process for the procurement of a replacement cutter was finalised and a contract for the delivery of a Revenue Customs Cutter was signed on the 3rd of August 2023.
An application for funding under the ‘Union Anti-Fraud Programme (EUAF)’ towards the partial cost of the replacement Cutter was submitted in 2022 and was successful. The contracted cost of the replacement Cutter is €8.75 million excluding VAT and is being funded by the Exchequer and the grant from OLAF (the European Anti-Fraud Office) from the EU Anti-Fraud Programme. The new Cutter is expected to come into service in 2025.
I am advised that included in Revenue’s Request for Tender was an option for a second vessel, which could be a replacement for Revenue’s second vessel when it is approaching the end of its service life. The matter of EU funding towards the cost of a second vessel will be pursued by Revenue in due course.
158. Deputy Eoin Ó Broin asked the Minister for Finance to set out what his Department's response is where a developer/builder received help to buy finance but fails to complete the houses to which the help to buy funding applies; and in cases where the buyer is no longer able to occupy the home, whether the Revenue Commissioners can recoup the help to buy funding and the original buyer access the help to buy scheme at another property. [44749/23]
View answerThe Help to Buy (“HTB”) incentive is a scheme to assist first-time purchasers (“FTP”) with the deposit they need to buy or build a new house or apartment. The incentive gives a refund of Income Tax (“IT”) and Deposit Interest Retention Tax (“DIRT”) paid in Ireland over the previous four years, subject to limits outlined in the legislation.
Section 477C Taxes Consolidation Act 1997 (“TCA 1997”) outlines the definitions and conditions that apply to the HTB scheme. Where a contract for the purchase of a qualifying residence is entered into by the HTB applicant and all conditions of the HTB scheme are satisfied, the HTB amount (i.e., the IT and DIRT paid by the FTP) in the previous 4 years) is paid directly to the Qualifying Contractor (“QC”) to be offset against the purchase price of the property.
Section 477C (18)(d) TCA 1997 provides that a claw-back of the HTB amount from the QC will arise where the sale of the property, for whatever reason, is not completed within 2 years from the date the HTB payment is made. Where this occurs, the QC is required to pay the HTB amount to Revenue within 3 months from the end of the 2-year period. This 2-year period may, in limited circumstances, be extended, providing the property is substantially completed within the 2-year period, and is likely to be completed within a reasonable period of time. Conversely, if Revenue has reasonable grounds to believe that the sale of the property will not be completed within this 2-year period, Revenue may issue a notice to that effect to the QC. Where a notice is issued, the QC must pay the HTB amount to Revenue within 3 months of the notice.
Where a QC fails to make the payment of the HTB amount to Revenue as required, section 477C(20) TCA 1997 provides that Revenue can make an assessment or amended assessment in respect of the HTB amount due. The QC will have a right to appeal this assessment. Statutory Interest will apply, and the QC may also be liable to penalty.
Where a claw-back of the HTB amount from the QC arises, the HTB claim may be cancelled from the purchaser applicant’s record. As such, should an applicant decide to subsequently purchase an alternative qualifying property, the applicant would remain eligible for HTB relief providing all of the conditions of the HTB scheme are met.
In order to have a HTB claim cancelled, an applicant would need to make a case to Revenue detailing the facts and circumstances of the case and the reason(s) why the purchase did not complete within the required time-frame. This would be done by the applicant by contacting Revenue online through myAccount.
159. Deputy Catherine Murphy asked the Minister for Finance the capital budget allocation for the Revenue Commissioners in the years 2022 and 2023, in tabular form; and the percentage of that capital funding that was actually spent in 2022. [44827/23]
View answerThe capital budget allocation for the Revenue Commissioners in the years 2022 and 2023, and the percentage of that capital funding that was actually spent in 2022, is outlined in the table below:
|
Vote 09 - Revenue Commissioners |
2022 Allocation |
2022 Expenditure |
% spent in 2022 |
2023 Allocation |
|
€m |
€m |
% |
€m |
|
|
V09 Gross Capital |
21.5* |
20.5 |
95 |
28.5 |
* Includes deferred surrender/capital carryover from 2021.
160. Deputy Neasa Hourigan asked the Minister for Finance for the Revenue Commissioners' plans to reassess their planned revised tax treatment of general medical services income of general practitioners which is to be effective from 1 January 2024; and if he will make a statement on the matter. [44857/23]
View answerMy Department and Revenue have, for some time, been aware of issues arising from contractual arrangements within the General Practitioner (GP) community whereby some GPs assign income under their General Medical Services (GMS) contract to a GP practice in which they are a partner or an employee. The income is then treated by the parties as if it were income of the practice for tax purposes rather than income of the GP.
Revenue issued a guidance note to tax practitioners through the Tax Administration Liaison Committee (TALC) in July of this year clarifying the correct tax treatment of GMS income under tax legislation. That guidance confirmed there would be a transitional period for compliance with existing tax law, until 1 January 2024. Revenue will soon publish supplementary guidance on this matter. Although the guidance is being widely reported as a proposed tax change, I would note that it does not, in fact, introduce a change to the tax treatment of GPs. Instead, it simply clarifies the existing legal and administrative position.
In accordance with Section 58C of the Health Act, a GMS contract is between the HSE and an individual GP. My Department and Revenue understand that, as such, the HSE does not enter into GMS contracts with a medical practice, whether the practice is structured as a partnership or a company. This means that, as a matter of law, income under a GMS contract belongs to the GP who entered into the contract with the HSE - that position does not change because a GP mandates the payment of GMS income to a medical practice. This legal position was confirmed in a recent Tax Appeals Commission (TAC) determination issued in January 2022 (01TACD2022).
A GP who holds a GMS contract is, under tax legislation, a chargeable person as regards income arising under the GMS contract and should report that income under the self-assessment system. The GP is entitled to claim a credit for Professional Services Withholding Tax deducted by the HSE on GMS payments.
There is no legal basis to treat income arising under a GMS contract entered into between a GP and the HSE as if it were income arising under a contract between the HSE and the medical practice in which the GP is a partner or an employee. The approach being taken is intended to ensure that the tax treatment of GMS income reflects the contractual position.
In an effort to find a solution to this issue, discussions have taken place between officials in my Department, Revenue, the HSE and the Department of Health. Although my Department and Revenue are conscious of the difficulties being experienced by GP practices, they must be cognisant of existing legislation. Furthermore, it would not be appropriate to make changes to tax legislation to accommodate contracts and practices of a particular sector of the economy where they can be changed by the agreement of the participants.
Given the core issue concerns the contractual arrangements involving GPs, there may be scope for the Department of Health and the HSE to examine the issue from a contractual viewpoint.
As Revenue is statutorily independent in the administration and operation of the tax code, the Deputy will appreciate that it would not be appropriate for me to request Revenue to make changes regarding this matter.
As it currently stands, the relevant tax policy and legislation remain unchanged, however, to assist GPs and medical practices in complying with their obligations under existing tax law, Revenue is allowing a transitional period to 1 January 2024 and is preparing further guidance to assist GPs in applying the correct tax treatment in respect of their GMS income.
161. Deputy Aengus Ó Snodaigh asked the Minister for Finance to explain how the estimated €3 million cost figure was arrived at in relation to the proposed VAT zero-rating of ebooks and audiobooks in budget 2024, including by outlining the number of ebooks and audiobooks sold annually and the average price of ebooks and audiobooks used in calculating this figure. [44957/23]
View answerI am advised by Revenue that traders are not required to identify the VAT yield generated from the supply of specific goods and services on their VAT returns.
The estimated cost of zero-rating VAT on e-books and audiobooks was derived from estimates of household expenditure on e-books and digital services using third party data sources. These sources do not provide the quantity and average price of e-books and audiobooks.
