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Gnáthamharc

Tuesday, 16 Jul 2013

Written Answers Nos. 170-187

Human Rights Issues

Ceisteanna (170)

Brendan Smith

Ceist:

170. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the increasing use of self-immolation by protestors in Tibet; and if he will make a statement on the matter. [35449/13]

Amharc ar fhreagra

Freagraí scríofa

The Government has followed ongoing issues in Tibet with concern and I am saddened and concerned by the increasing number of Tibetans, many of them young people, who have resorted to self-immolation.On behalf of the EU, the High Representative Catherine Ashton issued a declaration on 14 December 2012 on Tibetan self-immolations. This declaration was issued with the support of Member States, including Ireland. The declaration conveyed our concern at the restrictions on expressions of Tibetan identity, which appear to be giving rise to a surge of discontent in the region. While respecting China’s territorial integrity, the EU called upon the Chinese authorities to address the deep-rooted causes of the frustration of the Tibetan people to ensure that their civil, political, economic and social and cultural rights are respected, including their right to enjoy their own culture, to practise their own religion and to use their own language. This declaration also called on Tibetan community and religious leaders to use their influence to help stop this tragic loss of life.

Ireland together with our EU partners believes that constructive dialogue between the Chinese Government and the representatives of the Dalai Lama is the best way to address differences and tensions in Tibet and to reach a solution that respects Tibetan culture, language, religion and identity. It is important for the long-term peace and stability of the region that the two sides come to an agreement on the future of Tibet. To this end, we continue to encourage a resumption of meaningful dialogue.

The promotion of human rights is an important dimension of European foreign policy, as enshrined in the Treaty of the European Union. Constructive dialogue remains the EU’s preferred channel for working to improve the human rights situation in China. Human rights are discussed as part of regular political dialogue as well as during specific human rights dialogues, the most recent of which took place on 25 June. That Dialogue allowed the two sides to have a detailed exchange of views on a wide range of human rights issues. It provided an opportunity for the EU to express concerns regarding the rights of persons belonging to ethnic and religious minorities.

Bilaterally, Ireland continues to convey its concerns about the situation in Tibet directly to the Chinese authorities through contacts in both Dublin and Beijing.

Diplomatic Representation Issues

Ceisteanna (171)

Andrew Doyle

Ceist:

171. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade further to Parliamentary Question No. 113 of 7 May 2013, if the review of the Irish network on Honorary Consuls worldwide has concluded in view of the fact that he said the review would be completed by mid-2013; if he will outline the main points of the review; the date on which he intends to publish the review; if the review will be laid before the Houses of the Oireachtas; and if he will make a statement on the matter. [35459/13]

Amharc ar fhreagra

Freagraí scríofa

I expect my Department’s review of Ireland’s Honorary Consul Service to be completed in the coming months. I will take a decision on the distribution of the report when I have had the opportunity to read it.

Diplomatic Representation Issues

Ceisteanna (172)

Andrew Doyle

Ceist:

172. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade further to Parliamentary Questions Nos. 66 of 29 May 2013 and 121 on 11 June 2013, if he will confirm the exact number of Corps Diplomatique or CD sign usage on Irish car registration plates; the number of CD signs that are allocated to each diplomatic mission here and if he will outline such in tabular form; if a central register is kept in his Department or that of the Revenue Commissioners to enable members of An Garda Siochana to verify particular vehicles using CD signs on vehicles; if he will detail the privileges that CD signs grants drivers of vehicles on Irish roads; and if he will make a statement on the matter. [35460/13]

Amharc ar fhreagra

Freagraí scríofa

As outlined in my replies of 29 May 2013 and 11 June 2013, my Department is currently reviewing the practice prevailing in other European countries covering CD vehicle identification procedures and it is hoped that this review will be completed by the Autumn. There is at present no system for the issue of CD vehicle plates to members of the diplomatic corps.

The privileges and immunities of accredited members of diplomatic missions are governed by the Diplomatic Relations and Immunities Acts 1967, which in turn give effect in Irish law to the Vienna Convention on Diplomatic Relations 1961. The issue of CD vehicle plates is not provided for in the Vienna Convention, and their presence on a vehicle is not determinative of an entitlement to privileges and immunities, but rather is typically a visual indication that a vehicle is being used by a member of a diplomatic mission. Accordingly, the fact that there is currently no system for the issue of CD vehicle plates does not affect in any way the privileges and immunities to which the staff of a diplomatic mission are entitled.

On being notified to my Department in accordance with Article 10 of the Vienna Convention, the members of diplomatic missions are issued with identity cards which may be produced to assist members of An Garda Síochana to verify their status under the Convention.

Human Rights Issues

Ceisteanna (173)

Maureen O'Sullivan

Ceist:

173. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade if missions to Burma are being refused entry to Rohingya IDP camp; how they can address the human rights issues of the Rohingya persons; if he will outline what Ireland has been doing at UN level on this matter; and if he will make a statement on the matter. [35489/13]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to the reply to Parliamentary Question No. 131 of 9 July outlining recent decisions taken by the EU in relation to Myanmar/ Burma. Myanmar/Burma is continuing to undergo a process of long-awaited transformation. Ireland and our EU partners recognise that significant progress has been made, but that complex challenges remain. We continue to urge the Government of Myanmar/Burma to address these challenges, particularly issues in regards to the Rohingya minority, through the relevant bilateral and multilateral channels. At the 22nd session of UN Human Rights Council in March, Ireland supported an EU-led resolution which highlighted a number of human rights issues in Myanmar/Burma requiring action, including extending the mandate of the special rapporteur, and invited the Government to set a timetable for the opening of an OHCHR country office.

At the 23rd session of the UN Human Rights Council in May/June, Ireland and our fellow council members adopted a Presidential Statement regarding the Situation for Muslims in Myanmar/Burma. Human Rights Council members expressed deep concern at the gross violations of human rights against Muslims, including the Rohingya community, and urged the government there to grant full citizenship rights to the Rohingya in Rakhine, and review the 1982 citizenship law.

Ireland stands ready to share its experiences and to assist the process of democratisation in Myanmar/Burma. Together with our EU colleagues, we want to continue to encourage the government in Myanmar/Burma to continue on its path of democratisation and reform and to address further issues of concern.

Human Rights Issues

Ceisteanna (174)

Seán Crowe

Ceist:

174. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the huge peaceful protests organised by agrarian unions in north-eastern Colombia; that they are protesting against the appalling security situation and the socio-economic conditions that prevail there; that the Colombian Government's response has been brutal, scores of peasant farmers have been seriously wounded by the authorities, and four persons are reported dead; and if he will raise the issue with the Colombian authorities. [35500/13]

Amharc ar fhreagra

Freagraí scríofa

I am following closely the situation in north-eastern Colombia. I understand that this is an area of social and economic under-development, where the presence of illegal armed groups and a high level of militarisation also contribute to tensions. Recent protests in this area have, most regrettably, resulted in clashes between protestors and Colombia’s security forces and these have led to injuries and to the tragic loss of four lives. At my request, officials have raised these events with the Colombian authorities and are also in touch with the European External Action Service. The challenging socio-economic conditions faced by local communities in this region are serious and need attention. Progress on these issues can best be made in a context of peace and trust. I understand that while there has been some dialogue on issues of concern, tensions remain high. In my view, it is important that citizens who engage peacefully in the political and social developments of their society can do so without fear of risks to their personal security. It is also, of course, important that all parties operate within the rule of law. I urge all involved to address issues of insecurity so as to foster conditions for peace and sustainable development.

Together with our partners in the EU, Ireland will continue to support activities in Colombia that promote peace, truth, justice, reparation and reconciliation.

Human Rights Issues

Ceisteanna (175)

Patrick Nulty

Ceist:

175. Deputy Patrick Nulty asked the Tánaiste and Minister for Foreign Affairs and Trade if he will continue to raise the allegations of forced organ harvesting in China directly with his counterparts in the Chinese Government, and at European Union level; if he will examine the need for legislation, at national and European Union level; if he will prohibit the trafficking and use of such organs in the State and in the EU; and if he will make a statement on the matter. [35525/13]

Amharc ar fhreagra

Freagraí scríofa

The Government follows closely reports of human rights violations against Falun Gong practitioners, including reported cases of organ harvesting, and is concerned about the situation. Human rights issues, including the treatment of Falun Gong practitioners, are issues discussed regularly with the Chinese authorities during both bilateral and multilateral meetings. Through the formal framework of the EU-China Human Rights Dialogue, which was established in 1995, the EU continues to share with China its experience in the field of human rights protection and promotion, and to urge China to take clear steps to improve the human rights situation. The latest session of this dialogue took place on 25 June 2013 and provided the EU with the opportunity to express its concerns about a wide range of human rights issues in China, including the treatment of ethnic and religious minorities, deprivation of liberty, and criminal and administrative punishment. At this meeting, the EU also asked about measures taken so far by China to ratify the International Covenant for Civil and Political Rights, signed in 1998 in view of China’s undertaking made during the 2009 Universal Periodic Review (UPR) to ratify the Covenant at an early date.

In February 2013, officials from my Department met with representatives of the Irish Falun Dafa Association. During this meeting the Irish Falun Dafa Association discussed the issue of organ harvesting and ways in which human rights issues are raised with Chinese authorities by both Ireland and the EU.

Officials in my Department met again with representatives of the Falun Dafa Association and human rights lawyers on 9 July regarding the issue of organ harvesting.

In relation to measures taken to ensure no Irish company, organisation or individual becomes involved in the mistreatment of Falun Gong practitioners, a Common Position adopted by the European Council in 2008 outlines that Member States shall deny an export licence if there is a clear risk that military technology or equipment to be exported might be used for internal repression.

Ireland, together with our EU partners, will continue to address human rights issues with China, including those related to the Falun Gong, in frequent and regular dialogue, through our contacts in both Dublin and Beijing and through the relevant multilateral channels, including at the United Nations Universal Periodic Review of human rights in China, scheduled for October 2013.

Official Travel

Ceisteanna (176)

Derek Nolan

Ceist:

176. Deputy Derek Nolan asked the Tánaiste and Minister for Foreign Affairs and Trade if he is confident that all overseas travel undertaken by staff in State agencies is necessary; if the agencies ensure a robust business case is submitted before travel is sanctioned; if the agency ensures that the objective of the travel cannot be achieved through other means; if, on their return, the staff have to submit a report on the work carried out while they were on agency business overseas; and if he will make a statement on the matter. [36046/13]

Amharc ar fhreagra

Freagraí scríofa

There are no state agencies under the aegis of my Department.

Household Charge Collection

Ceisteanna (177)

Pat Deering

Ceist:

177. Deputy Pat Deering asked the Minister for Finance the reason a householder cannot pay the €200 household charge from payroll in the same way as local property tax is deducted, as is outlined in legislation (details supplied). [34352/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Revenue Commissioners that in accordance with section 156 of the Finance (Local Property Tax) Act 2012 (as amended), where the Household Charge for 2012 has not been paid by 1 July 2013 the arrears amount is increased to €200 of Local Property Tax. The arrears amount will be included as part of the LPT liability in respect of the property and will be collected by Revenue. I am further informed that the process to transition the collection of Household Charge arrears from the Local Government Management Agency (LGMA) to the Revenue Commissioners is underway and will progress further when the Commissioners receive a file from the LGMA of those property owners who have paid the Household Charge. At that stage, Revenue will still have a significant amount of work to do to match the LGMA’s Household Charge register with their own LPT register in order to identify any non-compliant Household Charge cases.

The immediate priority for Revenue, therefore, is to ensure that they have the most accurate details of these non-compliant cases and, in the short-term, it will not be possible to facilitate payment of arrears of Household Charge by way of deduction at source from salary and wages. I am advised, however, that Revenue’s computer systems are being updated to allow payment of the arrears by all of the various payment options available, including by means of deduction at source, and they expect to have the necessary changes completed by the end of September.

In the meantime, property owners can pay the €200 arrears by cheque, postal order or similar which should be sent to Local Property Tax Branch, Revenue Commissioners PO Box 1, Limerick. The Commissioners recommend that taxpayers note their Property ID and PPSN or tax reference number on the back of the cheque or postal order.

Property owners are requested to include the following information with their payment: Property ID (if available) and address details of the property for which the customer is paying the arrears; Customer’s name; Customer’s PPSN or tax reference number; and Confirmation that the payment is for Household Charge arrears

With these details, a property owner can also pay by telephone using debit or credit card by calling the LPT Helpline on 1890 200 255.

Further information is available in the Frequently Asked Questions on payment of Household Charge arrears, which are on Revenue’s website www.revenue.ie.

Tax Credits

Ceisteanna (178)

Aengus Ó Snodaigh

Ceist:

178. Deputy Aengus Ó Snodaigh asked the Minister for Finance the reason persons in long-term relationships but who are not married or in a civil partnership cannot transfer their tax credits to their partner and if consideration has been given to addressing this issue. [34643/13]

Amharc ar fhreagra

Freagraí scríofa

The position is that where a couple is cohabiting, rather than married or in a civil partnership, they are treated as separate and unconnected individuals for the purposes of income tax. Each partner is a separate entity for tax purposes and, therefore, cohabiting couples cannot file joint assessment tax returns or share their tax credits and tax bands in the same manner as married couples. The basis for the current tax treatment of married couples derives from the Supreme Court decision in Murphy vs. Attorney General (1980), which held that it was contrary to the Constitution for a married couple, both of whom are working, to pay more tax than two single people living together and having the same income.

However, a cohabiting couple where both partners are working get, in total, the same tax credits as a married couple or couple in a civil partnership (i.e. €3,300). In addition, the same amount of income is subject to tax at the 20% rate (i.e. €32,800 each). This equates to the €65,600 threshold in the case of a married couple or couple in a civil partnership.

If both cohabitants earn in excess of the standard rate band (i.e. €32,800), then they both pay tax at 41% on any income in excess of €32,800. Married couples or couples in a civil partnership where both individuals work get the same treatment.

The difference between the two groups in relation to income tax is the ability of married couples or civil partners to transfer certain tax credits such as the personal/married credits and part of the tax bands, i.e. the tax band of €65,600 available to married couples or couples in a civil partnership with two incomes in 2013 is transferable between spouses up to a maximum of €41,800. This is of benefit where one of the individuals earns less than the 20% tax threshold of €32,800 or where one of the individuals has no income.

Cohabitants do not have the same legal rights and obligations as a married couple or couple in a civil partnership. Therefore, there is no reason they ought to be accorded similar treatment to couples who have a civil status which is recognised in law. Any change in the tax treatment of cohabiting couples can only be addressed in the broader context of future social and legal policy development in relation to such couples.

Tax Reliefs Application

Ceisteanna (179, 256, 257, 278, 282)

Jerry Buttimer

Ceist:

179. Deputy Jerry Buttimer asked the Minister for Finance if he will consider facilitating tax relief on physiotherapy expenses without the requirement of a referral from a general practitioner; and if he will make a statement on the matter. [34190/13]

Amharc ar fhreagra

Eoghan Murphy

Ceist:

256. Deputy Eoghan Murphy asked the Minister for Finance his plans to meet representatives of the Irish society of Chartered Physiotherapists to discuss amending section 469 of the Taxes Consolidation Act 1997. [34724/13]

Amharc ar fhreagra

Michael Healy-Rae

Ceist:

257. Deputy Michael Healy-Rae asked the Minister for Finance if an amendment will be made to the Taxes Consolidation Act 1997 to return to the situation where patients would be allowed to claim reimbursement for physiotherapy expenses when they self-referred; and if he will make a statement on the matter. [34726/13]

Amharc ar fhreagra

Dominic Hannigan

Ceist:

278. Deputy Dominic Hannigan asked the Minister for Finance his plans to amend the Taxes Consolidation Act 1997 to allow patients who attend physiotherapy clinics without referral from a general practitioner or other relevant professional to claim reimbursement through the tax system as was the case prior to 2011; and if he will make a statement on the matter. [35099/13]

Amharc ar fhreagra

Gerry Adams

Ceist:

282. Deputy Gerry Adams asked the Minister for Finance if he has given consideration to amending the Taxes Consolidation Act to allow patients to claim reimbursement for physiotherapy expenses when they self-refer; if he has carried out a review of this matter; and if he will make a statement on the matter. [35121/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 179, 256, 257, 278 and 282 together.

Income tax relief in respect of health expenses is allowable in accordance with section 469 of the Taxes Consolidation Act 1997. This legislation provides for tax relief for health expenses incurred in the provision of health care. Health care is defined for the purposes of that legislation as the prevention, diagnosis, alleviation or treatment of an ailment, injury, infirmity, defect or disability and includes care received by a woman in respect of pregnancy. Health care does not include routine ophthalmic or dental treatment.

The section provides that tax relief must be either for the costs of the services of a practitioner, defined as a person registered on the register established under the Medical Practitioners Act 2007, or diagnostic procedures carried out on the advice of a practitioner, which includes “physiotherapy or similar treatment prescribed by a practitioner”. Eligibility for tax relief is limited to expenses relating to treatment considered necessary and appropriate by a qualified practitioner.

Section 469 of the Taxes Consolidation Act 1997 consolidated all previous legislation pertaining to relief for health expenses, in particular section 12 of Finance Act 1967 which introduced the relief in the first instance. That section also required that physiotherapy or similar treatment be prescribed by a practitioner before qualifying for relief. This requirement has, therefore, been part of the qualifying criteria since the introduction of relief for health expenses and I am advised by the Revenue Commissioners that guidance and instructions to staff have remained unchanged in this regard.

This issue was raised during the debates in the Seanad on Finance Bill 2013, during which I agreed to re-examine the matter during the course of this year.

My officials are currently in the process of examining the issue and have requested additional information from the Irish Society of Chartered Physiotherapists to assist them in the examination of the matter. To date, the additional information sought has not been provided.

Furthermore, I am advised that the Irish Society of Chartered Physiotherapists recently met with the Minister for Health, Dr. James Reilly T.D., on this issue and I am currently awaiting his views on the issue.

When the analysis is completed and the findings are presented to me, I will make any necessary decision in the context of Finance (No. 2) Bill 2013.

Living City Initiative

Ceisteanna (180, 181)

Jerry Buttimer

Ceist:

180. Deputy Jerry Buttimer asked the Minister for Finance if in view of the fact that Cork city has had a decline in population between the two most recent censuse of population and that the city, similar to both Limerick and Waterford, has a negative relative deprivation index, he will consider extending the pilot phase of the living city initiative to include Cork; and if he will make a statement on the matter. [34206/13]

Amharc ar fhreagra

Jerry Buttimer

Ceist:

181. Deputy Jerry Buttimer asked the Minister for Finance the anticipated cost to the Exchequer of the living city initiative and the expected economic impact of the scheme; and if he will make a statement on the matter. [34207/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 180 and 181 together.

The Finance Act 2013 includes a section on the Living City Initiative which introduces a scheme of tax incentives focusing on the regeneration of the historic centres of some of our main cities. The scheme which will be introduced by Ministerial order, will apply in the first instance on a pilot basis only to specified regeneration areas in Waterford and Limerick.

I indicated in my Budget Statement in December last year that I would examine proposals for a targeted incentive for already identified regeneration areas. The tax relief that will apply under this scheme will operate for five years from the date of commencement. However, it is my intention that before it begins, the scheme will be subject to an ex ante cost benefit analysis and, subject to a positive outcome from the analysis, I will seek EU approval under State Aid rules for this initiative to be commenced for Limerick and Waterford cities.

The Deputy might like to know that the tender for the cost benefit analysis project has been awarded and I expect to have the final report before this year’s Budget.

As regards the anticipated cost of this measure to the Exchequer, it will depend entirely on take up of the initiative.

Money Laundering

Ceisteanna (182)

Jerry Buttimer

Ceist:

182. Deputy Jerry Buttimer asked the Minister for Finance if he will reconsider the application of anti-money laundering regulations to prize bond purchases of €100 or less; and if he will make a statement on the matter. [34215/13]

Amharc ar fhreagra

Freagraí scríofa

European legislation has been adopted to protect the financial system and certain professions and activities from being misused for money laundering and financing of terrorism purposes. The anti-money-laundering obligations applicable in Ireland derive from the Third EU Money-Laundering Directive. The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 was enacted in July 2010 to transpose the Third Money Laundering Directive (2005/60/EC) and its Implementing Directive (2006/70/EC) into Irish Law. Part 4 of the Criminal Justice Act 2010 sets out the obligations of “designated persons” in relation to customer identification. One such obligation set out in the Act is the obligation to conduct customer due diligence, prior to the establishment of a business relationship. Customer due diligence refers to the identification of customers and that of any beneficial owners of financial products associated with the customer.

An Post and the Prize Bond Company are deemed to be a “designated person” under the Criminal Justice Act 2010 as they fall within the definition of a “financial institution ”. In light of this, An Post and the Prize Bond Company are required to comply with the relevant provisions of the Act in relation to the sale of Prize Bonds to customers. This means, in practical terms, that customer due diligence must be conducted on all purchases of prize bonds, irrespective of value.

The extent to which any particular person or product may be exempted from the customer due diligence requirements of the Act is determined by reference to the Act having regard to the underlying Directives.

The Central Bank of Ireland has no discretion to exempt certain firms from the requirement to comply with the Act.

In light of the above, I am exploring with the National Treasury Management Agency (NTMA) and my colleague the Minister for Justice whether or not exemptions available under the Directives may be applied to small value purchases of prize bonds facilitated on behalf of the State by An Post and the Prize Bond Company.

EU Budget Contribution

Ceisteanna (183)

Pearse Doherty

Ceist:

183. Deputy Pearse Doherty asked the Minister for Finance if he will detail Ireland's contribution to the EU for 2013; how this was calculated and the amount it would have been if redomiciled companies were excluded from our gross national income statistics. [34222/13]

Amharc ar fhreagra

Freagraí scríofa

Ireland’s contribution to the EU budget is an obligation of EU membership and is a charge on the Central Fund under national legislation. The contribution formula for the EU budget is comprised of Traditional Own Resources – principally customs duties collected by member States on behalf of the EU; a VAT based payment; a residual balancing component paid according to each member State’s share of EU Gross National Income (GNI) and a payment towards a number of rebates for certain member States, also linked to GNI. As of July 1, Ireland has contributed a total of €1,030 million to the European Union budget during 2013. This comprises €96 million in respect of Traditional Own Resources, €140 million in VAT related contributions, €738 million in respect of GNI payments and €56 million in respect of rebates. We are notified on a monthly basis by the European Commission for a call-up of funds under these various headings.

The first preliminary outturn for 2013 Irish GNI is likely to be released by the CSO in March 2014. As is the norm, this will be the first point when data for Ireland’s GNI for 2013 will be available and is provisional as more detailed annual estimates will not be available until June 2014. I understand that the CSO does not intend to produce a quarterly series showing the impact of redomiciled companies on GNI (owing to the volatility around dividend payments by these companies to their shareholders). It is anticipated that the annual impact of the redomiciled companies on GNI will be available in June 2014. In advance of this information, it is not possible to estimate the likely impact from redomiciled companies on the 2013 Irish contribution to the EU budget.

IBRC Liquidation

Ceisteanna (184, 185, 186, 187)

Pearse Doherty

Ceist:

184. Deputy Pearse Doherty asked the Minister for Finance further to Parliamentary Question No. 109 of July 2013, the basis on which the Special Liquidators have two years from the date of their appointment to make filings in the Companies Registration Office. [34230/13]

Amharc ar fhreagra

Pearse Doherty

Ceist:

185. Deputy Pearse Doherty asked the Minister for Finance if he will confirm the filing obligations of the special liquidators of Irish Bank Resolution Corporation in the Companies Registration Office since the date of their appointment. [34231/13]

Amharc ar fhreagra

Pearse Doherty

Ceist:

186. Deputy Pearse Doherty asked the Minister for Finance if the special liquidators of Irish Bank Resolution Corporation have complied with all their obligations to file in the Companies Registrations Office since the date of their appointment; and, if not, the specific filing obligations that have not been complied with. [34232/13]

Amharc ar fhreagra

Pearse Doherty

Ceist:

187. Deputy Pearse Doherty asked the Minister for Finance the specific filings that have been made in the Companies Registration Office by the special liquidators of Irish Bank Resolution Corporation since the date of their appointment. [34233/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 184 to 187, inclusive, together.

In responding to these questions, the Special Liquidators have advised that consideration has to be given, not only to the Companies Acts, 1963 – 2012 (the Companies Acts), but also the Irish Bank Resolution Corporation Act, 2013 (the IBRC Act), the Ministerial Instructions issued to the Special Liquidators under the IBRC Act on 7 February 2013 and 10 May 2013 respectively (the Ministerial Instructions), the Rules of the Superior Courts (the Court Rules) and EC (Reorganisation and Winding up of Credit Institutions) Regulations, 2011 (CIWUD), in accordance with which IBRC is being wound up.

The IBRC Act has modified or disapplied some provisions of the Companies Acts which would apply in the normal course to an ordinary official liquidator.

Per Section 306 of the Companies Act 1963 and per Order 74, rule 130 of the Superior Courts, the Special Liquidators will file a statement “commencing at the date the Liquidator was first appointed and brought down to the end of the two years from the commencement of the winding up” and subsequent statements will be sent “at intervals of one year”.

The Special Liquidators have confirmed that they have complied with all obligations to file in the CRO (Companies Registration Office) to date.

Per Section 227 of the Companies Act 1963, the Special Liquidators are required, within 21 days after their appointment to publish in the CRO Gazette a notice of their appointment and to deliver to the registrar of companies a copy of the Court Order appointing them. The Special Liquidators confirm that the E60 (Irish Bank Resolution Corporation Act 2013 (Special Liquidation) Order 2013) was received by the CRO on 7 February 2013.

In addition to the E60, the Special Liquidators have confirmed that other filings made in the CRO since their appointment are:

1 B2 – change in registered office (at 11 February 2013);

2 Amended Memorandum and Articles (at 6 February 2013) – the insertion of Article 41A to the Articles of Association; and

3 G1 – Special Resolution (at 6 February 2013); Notice that the insertion of Article 41A to the Articles of Association was passed as a special resolution of the Company.

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