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Tuesday, 14 Nov 2023

Written Answers Nos. 104-124

Bus Éireann

Questions (104)

Jennifer Murnane O'Connor

Question:

104. Deputy Jennifer Murnane O'Connor asked the Minister for Transport if Bus Éireann plans to have its bus route 4 stop at Kilkenny train station in both directions; and if he will make a statement on the matter. [49578/23]

View answer

Written answers

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

Bus Éireann’s Expressway services (including route 4) are commercially operated bus services and as such responsibility for the operation of those services is a matter for the company

I have, therefore, referred the Deputy's question to Bus Éireann for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Road Projects

Questions (105)

Martin Browne

Question:

105. Deputy Martin Browne asked the Minister for Transport his views on the delay in announcing the preferred route for the upgrade of the N24; his views on the impact this will have for those along the route corridor whose lands and projects are uncertain as long as the decision remains unknown; and if he will make a statement on the matter. [49597/23]

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Written answers

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 planning, design and construction of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code and the necessary statutory approvals. In this context, TII is best placed to advise you.

I can confirm that €1,000,000 was allocated for the N24 Cahir to Limerick Junction scheme in 2023, with €2,000,00 being allocated for the N24 Waterford to Cahir scheme. As with all national roads projects in the NDP, the delivery programme for the project will be kept under review for 2024 and considered in terms of the overall funding envelope available to TII.

The allocations for 2024 are expected to be announced by the end of the year

Noting the above position, I have referred your question to TII for a direct reply updating you regarding the status of these projects. Please advise my private office if you do not receive a reply within 10 working days.

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

Driver Test

Questions (106)

Peter Burke

Question:

106. Deputy Peter Burke asked the Minister for Transport the average waiting time for those applying for their driver test in Mullingar Driving Test Centre, County Westmeath; if new driver testers have been assigned to this centre; and if he will make a statement on the matter. [49633/23]

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Written answers

Under the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service. As such, the information requested is held by the Authority and I have referred the question 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.

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

Military Aircraft

Questions (107)

Violet-Anne Wynne

Question:

107. Deputy Violet-Anne Wynne asked the Minister for Transport if he is aware of a situation at Shannon Airport (details supplied); and if he will make a statement on the matter. [49638/23]

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Written answers

Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, the carriage of munitions of war on civil aircraft in Irish sovereign territory is prohibited, unless granted an exemption to do so by the Minister for Transport.

I refer the Deputy to my answer to parliamentary question no. 243 of 7 November this year, where I outlined the number of exemptions granted to US civil air operators between 2019 and 2023 (end October), what munitions were carried, and my Department's procedure in processing applications for exemptions, specifically the consultations that take place.

Question No. 108 answered with Question No. 101.

Greenways Provision

Questions (109)

Alan Dillon

Question:

109. Deputy Alan Dillon asked the Minister for Transport for an update and timeline on projects (details supplied); and if he will make a statement on the matter. [49726/23]

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Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to Greenways. Funding is administered through the Transport Infrastructure Ireland (TII) who, in partnership with local authorities, have responsibility for the selection and development of specific projects in each local authority area.Noting the role of the TII in the matter, I have referred your question to that agency for a more detailed answer. If you do not receive a reply within 10 working days, please contact my private office.

Public Transport

Questions (110)

Mairéad Farrell

Question:

110. Deputy Mairéad Farrell asked the Minister for Transport if he will provide the list of agents, by county, where student leap cards can be printed, in tabular form; and if he will make a statement on the matter. [49754/23]

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Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. However, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has responsibility for the regulation of fares charged to passengers in respect of public transport services provided under public service obligation (PSO) contracts.

In light of the Authority's responsibility in this area, I have forwarded the Deputy's request for a list of agents by county where student leap cards can be printed, to the NTA 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

Public Transport

Questions (111)

Pádraig Mac Lochlainn

Question:

111. Deputy Pádraig Mac Lochlainn asked the Minister for Transport to outline the progress by the National Transport Authority on the introduction of a virtual/digital Leap card for use on smartphones; if he can provide an exact date for introduction; and if he will make a statement on the matter. [49806/23]

View answer

Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. However, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has responsibility for the regulation of fares charged to passengers in respect of public transport services provided under public service obligation (PSO) contracts.

In light of the NTA's responsibility with regard to the administration of Leap Cards, I have forwarded the Deputy's question to the Authority 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

Driver Test

Questions (112)

Thomas Gould

Question:

112. Deputy Thomas Gould asked the Minister for Transport the number of persons waiting for a driving test; the number of persons waiting for a theory test in Cork city and county, by test centre, in tabular form. [49828/23]

View answer

Written answers

Under the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service. As such, the information requested is held by the Authority and I have referred the question 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.

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

Driver Test

Questions (113)

Thomas Gould

Question:

113. Deputy Thomas Gould asked the Minister for Transport the average waiting time for a driving test in Ballincollig and Sarsfield Road test centres in Cork; and the number of persons waiting to sit a test in both. [49829/23]

View answer

Written answers

Under the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Driver Testing Service. As such, the information requested is held by the Authority and I have referred the question 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.

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

Bus Services

Questions (114)

Paul Donnelly

Question:

114. Deputy Paul Donnelly asked the Minister for Transport if Dublin Bus or the NTA will provide the necessary funding for the installation of electric vehicle charging points in each Dublin Bus depot; and if so, when these works will commence. [49859/23]

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Written answers

The NTA intends to transition its urban State subsidised bus services to zero-emission bus fleet. The intention is that new zero-emission fleet (battery-electric) will replace the older diesel-powered fleet on an incremental basis.

Ten electric buses are now being used for test/training purposes using electric chargers already installed for the previously purchased hybrid diesel-electric buses. A charging system for Summerhill Bus Depot will come on stream this month. Separately, a charging system for Phibsborough Bus Depot will be operational in December. Together they will provide charging for 136 electric buses.

The NTA has an overall strategy in place to transition all urban city bus fleets to zero emission vehicles by 2035. This transition will be carried out on a phased basis with some cities completed in advance of that date.

Bus Services

Questions (115)

Paul Donnelly

Question:

115. Deputy Paul Donnelly asked the Minister for Transport the number of Bus Éireann buses that left from Dublin Airport to different parts of the country for each specific route in the month of October 2023. [49860/23]

View answer

Written answers

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

The question raised by the Deputy in relation to the number of Bus Éireann buses that left from Dublin Airport to different parts of the country for each specific route in the month of October 2023 is an operational matter for Bus Éireann.I have, therefore, referred the Deputy's question to the company for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Departmental Offices

Questions (116)

Cathal Crowe

Question:

116. Deputy Cathal Crowe asked the Minister for Transport if he will provide details on the proposal to move his Department’s offices in Shannon, County Clare to Ennis, County Clare; to clarify what services provided by the Shannon office will move; to clarify the future plans for printing and mailing vehicle log books; and if he will make a statement on the matter. [49959/23]

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Written answers

As the Deputy will be aware the Department of Transport has been engaging with the OPW on the plans to decant the Department’s functions and people from its current building in Shannon to an alternative location. The current building is not fit for purpose, with extensive roof works now required. The Department has provided a detailed brief of the requirements and continues to engage as appropriate with the OPW. The Department is currently awaiting a detailed proposal on the overall options, including any alternative solutions. Our priority is to ensure that health and safety of our staff and the security of our systems are supported through appropriate facilities and we look forward to an early set of proposals from OPW towards this end.

Electric Vehicles

Questions (117)

Cian O'Callaghan

Question:

117. Deputy Cian O'Callaghan asked the Minister for Transport if the Government will consider the introduction of grants to enable the installation of safe electric vehicle charging points in high density areas where the cable for the charger needs to be routed under a pavement to reach the vehicle; and if he will make a statement on the matter. [49965/23]

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Written answers

ZEVI is currently developing the National Destination and Neighbourhood Network Plan which provides a pathway for delivery of public EV charging infrastructure at destination and residential Neighbourhood areas, in line with both national and European ambitions for cleaner transportation.

To meet the need of EV users without the facility to charge at their driveways, ZEVI is also engaging with Local Authorities who are developing their EV Strategies to identify areas which require on street EV charging facilities. Following the development of EV strategies, suitable supports will be provided where it is a requirement to facilitate the roll out of EV Infrastructure in these locations. Further detail will be provided in the national plan when published for public consultation in early 2024

The option to route a private cable in a channel in the public domain is currently not permitted in Ireland due to the definition of “private wires ” under section 37 of the Electricity Regulation Act 1999, preventing the installation of such cables in that domain. Irrespective of this, permission to excavate a pavement in the public domain would need a road opening licence from the Local Authority and there would also be potential issues around public liability and utility safety ("dial before you dig") with this solution.

There is currently no consideration being given to a scheme as described in your question.

Housing Schemes

Questions (118)

Mairéad Farrell

Question:

118. Deputy Mairéad Farrell asked the Minister for Finance if there are schemes in which the State provides loans to developers/builders for housing development projects; if he can provide details of any such schemes; and if he will make a statement on the matter. [49385/23]

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Written answers

Through Home Building Finance Ireland (HBFI), the Government is supporting access to debt finance for residential development.

By the end of June 2023, HBFI had approved total loan approvals to €1.44bn, an increase of 15% on the €1.25bn at the end of 2022, to support the delivery of 6,357 new homes in 117 developments in 22 counties. Social or affordable housing accounts for 30% of the new homes approved for funding.

As at the end of June 2023, 1,978 HBFI-funded units have already been sold, with a further 1,688 contracted for sale or sale agreed. Of the €1.44bn approved, drawdowns have taken place in respect of facilities totalling €979m (68%), for 66 developments supporting 4,258 homes where construction is in progress or has completed.

A periodic 2-year review of HBFI was published in May 2023 and found that HBFI has had a positive impact on access to development finance. The review also found that funding gaps in the market persist, and HBFI should continue in operation at this time and should remain agile in responding to emerging funding gaps.

Insurance Industry

Questions (119)

Michael Collins

Question:

119. Deputy Michael Collins asked the Minister for Finance the reason a person's insurance premium has increased so much (details supplied); and if he will make a statement on the matter. [49341/23]

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Written answers

I note that the details supplied relate to an increase in the cost of a motor insurance policy. As the Deputy will appreciate, I am unable to comment on individual cases.

Moreover, neither the Minister for Finance, nor the Central Bank of Ireland, can direct the pricing or provision of insurance products. This position is reinforced by the EU framework for insurance (the Solvency II Directive).

Generally, it understood that firms use a combination of actuarial-based rating factors in making their individual decisions on whether to offer motor cover and what terms to apply. In addition, insurers price in accordance with their specific claims experience and do not use the same combination of rating factors.

According to Insurance Ireland, premium levels may increase across the board due to the current market trends, equally, a customer’s own premium might increase because their level of risk has increased. Premium levels may also reduce based on the market or a lower risk profile.

It is therefore important for policyholders to compare with other providers at renewal time to ascertain if they can get a better consumer-focused deal by switching providers. Insurance Ireland has detailed advice around motor insurance and the benefits of shopping around on its consumer website: www.understandinginsurance.ie/.

In addition, Insurance Ireland also operates a free Insurance Information Service for members of the public, which deals with general queries in relation to insurance cover. This can be accessed by constituents by ringing 01-676-1820 or by emailing feedback@insuranceireland.eu.

More broadly, I wish to reassure the Deputy that this Government has continued to target policy measures to address the cost of insurance, through the Action Plan for Insurance Reform. Key achievements include the new Personal Injuries Guidelineswhich have reduced average award levels by nearly 40 per cent, including for motor claims.

According to CSO data for October 2023, the price of motor insurance reduced by 15 per cent since the implementation of the Guidelines, and was 42.9 per cent lower than its peak in July 2016. It is my expectation that over time, the cumulative implementation of the Action Plan measures will generate additional gains for motor insurance customers.

Minister of State Carroll MacNeill will be meeting shortly with the main insurance firms here in order to stress the need to reflect all savings from this reform agenda in their product offering, including via lower premiums.

I also look forward to the upcoming National Claims Information Database motor report, which will provide important insights into the health of the motor insurance market. This rich data source will continue to support Government in monitoring the impact of reforms, including on the premiums paid by consumers.

Tax Code

Questions (120)

Steven Matthews

Question:

120. Deputy Steven Matthews asked the Minister for Finance the position regarding proposed changes for January 2024 in the way the Revenue Commissioners treat general medical services income within general practitioner partnerships; if he is concerned that this will impact the number of GPs operating; if his attention has been drawn to the concerns of GPs in how this change is to be administered; and if he will make a statement on the matter. [49351/23]

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Written answers

My Department and Revenue have, for some time, been aware of issues arising from contractual arrangements within the General Practitioner (GP) community whereby some GPs treat income under their General Medical Services (GMS) contract as income of a GP practice in which they are a partner or an employee, rather than income of that individual GP.

Revenue issued a guidance note to tax practitioners through the Tax Administration Liaison Committee 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, to 31 December 2023. Revenue have published supplementary guidance on this matter on 10 November which is available at www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-04/04-01-15.pdf. 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.

Section 58 of the Health Act, 1970 authorises the HSE to enter into a contractual relationship with individual GPs for the delivery of services. 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 - this legal position was confirmed in a recent Tax Appeals Commission 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. In an effort to find a solution to this issue, discussions have taken place between officials in the Department of Finance, Revenue, the HSE and the Department of Health.

Last week, I signalled my intention to bring an amendment at Report Stage of Finance (No. 2) Bill 2023 to provide that where individual GPs enter into contracts with the HSE to provide certain medical professional services and provide those services in the conduct of a partnership profession with other individual GPs, the income from those professional services can be treated for income tax purposes, to be that of the partnership. The proposed amendment will also provide that any Professional Services Withholding Tax credit may be claimed by the partnership under such instances. Subject to Government approval and the assistance of the Office of the Attorney General, I will provide further detail when I introduce the amendment next week.

It should be noted that because there are a number of business arrangements and models in the GP sector including partnerships, companies, employees and employers, the proposed amendment would resolve some but not all of the issues arising. The core issue concerns the contractual arrangements involving GPs, and the Minster for Health has confirmed that the Strategic Review of General Practice, which is now underway, will examine the current contractual arrangements for the GMS, as well as other contracts, and will propose measures necessary to modernise them.

Debt Restructuring

Questions (121)

Claire Kerrane

Question:

121. Deputy Claire Kerrane asked the Minister for Finance what measures are in place to provide farmers with fair facilities to resolve debt issues and ensure they can remain on their land; what he will do to protect farmers from repossessions undertaken by vulture and investment funds; and if he will make a statement on the matter. [49357/23]

View answer

Written answers

I would advise anyone in financial distress to first contact their lender, either bank or non-bank, to explore all options for resolving their financial situation.

The Credit Review was established to assist those SMEs and farm borrowers that have had credit applications of up to €3 million refused or indeed an existing credit facility withdrawn or amended by the participating bank. SMEs can apply to Credit Review after exhausting the internal appeals process in the participating institution, which are currently AIB, BOI, and Permanent TSB. The Credit Review's website is www.creditreview.ie.

The Insolvency Service of Ireland (ISI) is an independent government body set up to help tackle personal debt problems. The ISI has put in place a regulated network of financial advisors (PIPs) to provide people with debt advice and to work with creditors on their behalf to work out a solution for those in difficulty.

The ISI has a range of debt solutions to help get people back on track financially, including a Personal Insolvency Arrangement, a Debt Relief Notice, a Debt Settlement Arrangement or Bankruptcy. Following a consultation, a PIP will advise which solution best suits a person’s individual situation.

Tax Reliefs

Questions (122)

Niamh Smyth

Question:

122. Deputy Niamh Smyth asked the Minister for Finance to outline the details of mortgage relief, as announced in Budget 2024; when people should apply; the details of how to apply; and if he will make a statement on the matter. [49371/23]

View answer

Written answers

As the Deputy will be aware, Finance (No. 2) Bill 2023 introduces the new Mortgage Interest Tax Relief that I announced on Budget day.

The relief will be a temporary one-year tax credit for taxpayers who have made mortgage interest payments in respect of a qualifying loan for a principal private residence, where a number of conditions are satisfied.

Subject to enactment of the legislation, the tax credit will be available in respect of a qualifying property located in the State which is the sole or main residence of the individual, the individual’s former or separated spouse or civil partner or a dependent relative.

The credit will be available in respect of the 2023 tax year only and is based on the increase in interest paid in 2023 over interest paid in 2022. This excess interest figure will be subject to a cap of €6,250 and will qualify for relief at the standard rate of income tax (20%). This means that the maximum tax credit will be €1,250 per property. Where the interest payments made in respect of either the 2022 or 2023 tax years are not for a full year, pro-rating of the relief will apply, to ensure interest is applied on a period of equivalence basis and that the cap is adjusted accordingly. Revenue’s systems will carry out the calculation of the relief at the point of claim.

Certain other conditions will apply to this measure, for example:

• The property subject to the claim must be compliant with Local Property Tax obligations,

• The outstanding mortgage balance as of 31 December 2022 must have been between €80,000 and €500,000, and

• A claim for the tax credit will be required.

A taxpayer will be able to make a claim to Revenue for this tax credit (applicable for the 2023 tax year) by filing a 2023 Income Tax Return. I am advised by Revenue that this claims facility will be operational by the end of January 2024.

Finally, Revenue will publish detailed guidance on this measure before the end of the year, setting out the conditions for relief and how to claim the tax credit.

Ukraine War

Questions (123)

Carol Nolan

Question:

123. Deputy Carol Nolan asked the Minister for Finance if he agrees with recent comments made by a senior civil servant at his Department that sanctions against Russia are "unenforceable" in Ireland, that Irish legislation in this area "does not work" and that the authorities "are all supposed to keep quiet about that"; and if he will make a statement on the matter. [49396/23]

View answer

Written answers

The Deputy may wish to note that EU sanctions have direct effect in all Member States of the EU, and they are legally binding on all natural and legal persons. As such, a natural or legal person who contravenes a provision of an EU sanctions regulation would be guilty of an offence and liable to prosecution.

Ireland has strongly supported sanctions in response to Russia’s unjust and illegal invasion of Ukraine in February of 2022 while also consistently emphasising the importance of effective implementation. Eleven packages of sanctions have been agreed by the EU to date. A twelfth package of sanctions will be discussed in the coming weeks.

The Cross-Departmental International Sanctions Committee (CDISC) monitors, reviews, and coordinates the implementation, administration and exchange of information on sanctions in Ireland.

A review of domestic implementation of sanctions commenced in late 2021 and the CDISC was tasked with overseeing this important work. Given the shift in context for sanctions implementation following Russia’s invasion of Ukraine, this work has fundamentally evolved and progressed as the number and range of sanctions increased. The framework for domestic sanctions implementation in Ireland continues to be assessed by CDISC, and work is ongoing to address any areas identified as requiring action.

Ireland has three competent authorities for all sanctions: the Department of Foreign Affairs, the Department of Enterprise, Trade & Employment and the Central Bank of Ireland. They oversee the different aspects of restrictive measures.

The Central Bank is responsible for the administration and enforcement of financial sanctions. In administering financial sanctions, the Central Bank undertakes the following:

(1) Receives notifications from the financial services industry of assets/funds that have been frozen under the sanctions legislation. In this regard, all natural and legal persons, entities and bodies are required to report information to the Central Bank on assets held by them on behalf of individuals or entities that are subject to an asset freeze. The Central Bank collates the reports of frozen assets for onward transmission to the Department of Foreign Affairs. Currently, approximately €1.8 billion in sanctioned assets has been frozen and notified to the Central Bank by Irish credit and financial institutions. (2) Assesses applications for derogations that are permitted under the restrictive measures legislation, such as Regulation 269/2014, in respect of financial sanctions.(3) Engages with the other domestic Competent Authorities and the European Commission to ensure that restrictive measures and financial sanctions are being implemented correctly and consistently.

With respect to the EU’s implementation of sanctions, following Russia’s invasion of Ukraine, the Central Bank wrote to Special Purpose Entities (SPEs) with potential Russian links to seek confirmation of their adherence to the sanctions. The Central Bank engaged further with these identified firms, seeking confirmation of the specific steps they had taken to ensure compliance with financial sanctions and restrictive measures, reminding them of their ongoing obligations in this regard.

The Central Bank undertook an assessment of the information received, and based on that assessment, the Central Bank was satisfied that the identified SPEs had taken the necessary steps and had appropriate control frameworks in place to comply with the EU sanctions. The Central Bank did not uncover any actual or suspected breaches of EU sanctions in the course of this assessment. A breach of a financial sanction is a criminal offence under Irish legislation, and therefore, where the Central Bank is aware a breach has occurred or suspects a breach may occur, the matter is reported to An Garda Síochána.

In addition to the above assessment, since the implementation of the sanctions arising from the Russian invasion of Ukraine in February of 2022, the Central Bank has significantly increased its engagement with the financial services sector in order to support and ensure compliance with the EU sanctions. The Central Bank, as part of its ongoing supervision of credit and financial institutions, continues to engage with firms, both regulated and unregulated, to ensure that they have appropriate controls frameworks in place to meet their obligations in respect of financial sanctions and restrictive measures legislation.

The Deputy may also be interested to note that on 2 December 2022 the European Commission put forward a proposal for a Directive to harmonise criminal offences and penalties for the violation of EU restrictive measures (denoted as sanctions). The proposal sets out common EU rules which will make it easier to investigate, prosecute and punish violations of restrictive measures in all Member States alike. As this Directive has a Title V legal basis, Ireland has notified the Presidency of the Council of our intention to opt into this measure under Article 3 of Protocol 21. At last June’s Justice and Home Affairs Council, Ministers agreed a Council General Approach and trilogue negotiations are currently ongoing between the Council, European Parliament and European Commission in order to agree a final text.

Tax Collection

Questions (124)

Louise O'Reilly

Question:

124. Deputy Louise O'Reilly asked the Minister for Finance if interest payable on phased payment arrangements for tax liabilities owed under the tax debt warehousing scheme will be made tax deductible, as is the case with bank loan interest. [49443/23]

View answer

Written answers

The Tax Debt Warehousing scheme allowed for the deferral of the payment of VAT, PAYE (Employer) and certain self-assessed income tax labilities, including TWSS and EWSS overpayments. It provided a vital liquidity support to businesses during the COVID-19 pandemic and continues to support businesses as they recover from the impacts of the pandemic and the current energy crisis.

The scheme allowed for the parking of the debt at 0% interest up to 31 December 2022 (or 30 April 2023 for those in the extended scheme). A significantly reduced interest rate of 3% applies from 1 January 2023 on the warehoused debt (or from 1 May 2023 for those in the extended scheme).

To remain eligible for the scheme and to avail of the significantly reduced interest rate of 3% per annum that applies to the repayment of the warehoused debt, returns must be filed for all periods covered by the scheme and current taxes must be paid as they fall due.

I am advised by Revenue that participants in the Tax Debt Warehousing scheme must either pay their warehoused liabilities in full by 1 May 2024 or, otherwise, enter into Phased Payment Arrangements (PPA) by that date. PPAs are concessional arrangements allowed by Revenue to afford more time to taxpayers to repay their tax debt over an extended period of time.

All PPAs include interest to compensate the Exchequer for the additional time being afforded to pay the tax debt and to ensure equity with those taxpayers who make significant efforts to consistently pay their tax debts in full and on time.

As I have indicated already, businesses availing of the Tax Debt Warehousing scheme are benefitting from a significant reduction of interest at 0% and 3% compared to the normal interest rate for late payment of taxes at 8% and 10%.

While interest on late payments of tax, or interest on instalment arrangements are not deductible for the purposes of calculating taxable profits, and legislation doesn’t provide for deductibility for interest on instalment arrangements for warehoused debt, Revenue has also advised me that it is considering this matter further over the coming months in the run up to the end of the extended warehousing period of 30 April, but that no conclusions have yet been reached.

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