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Gnáthamharc

Tuesday, 8 Apr 2014

Written Answers Nos. 31-54

Bank Charges

Ceisteanna (31)

Seán Fleming

Ceist:

31. Deputy Sean Fleming asked the Minister for Finance his views on increases in bank charges and the consequent impact on personal and business customers; and if he will make a statement on the matter. [16175/14]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, bank fees, charges  and commissions are subject to regulation under Section 149 of the Consumer Credit Act 1995, as amended. Section 149 came into effect in 1996 and currently requires that credit institutions, prescribed credit institutions and bureaux de change must make an  application to the Central Bank if they wish to introduce a new customer charge or increase any existing customer charge in respect of certain services. Section 149 does not apply to interest rates; it applies to fees, charges  and commissions only.

As required by the Troika, my Department published a review of the regulation of bank fees and charges; the review is available on the website www.finance.gov.ie.

The review found that:

- net fee and commission income divided by average assets in Irish banks was well below the average of their peers; and

- net fee and commission are lower in the Irish banks than in their European peers relative to net interest income.

The review concluded that it would not be appropriate to repeal Section 149 at this time. The lack of competition in the banking sector means that the repeal of section 149 would give unfettered price setting power to the incumbent banks.  The report recommends that this issue should be revisited when competition in the banking sector has improved significantly.  It is my view that the current regulatory regime offers appropriate protection to consumers against unjustified increases in bank fees and commissions.

Mortgage Arrears Proposals

Ceisteanna (32, 167)

Bernard Durkan

Ceist:

32. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which mortgages in respect of family homes continue to be treated in a sympathetic manner by lenders along the lines set out by the Central Bank of Ireland and his Department and practised by most lenders with particular reference to the need to ensure that borrowers who find themselves in difficult circumstances are facilitated by way of restructuring and to the recently emerging practice by some lenders to the effect that resolutions being offered by them amounts to voluntary or enforced sale with little emphasis on any other option notwithstanding their recapitalisation; and if he will make a statement on the matter. [16186/14]

Amharc ar fhreagra

Bernard Durkan

Ceist:

167. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which he and his Department continues to monitor the situation regarding mortgage arrears with particular reference to the need to ensure that homeowners who have fallen into arrears through no fault of their own are not unfairly treated and that cognisance is taken of the facts of each individual case particularly where, through loss of income or loss of employment, it has resulted in arrears; and if he will make a statement on the matter. [16801/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 32 and 167 together.

The strong view of the Government is that, in respect of co-operating borrowers under the Central Bank's 'Mortgage Arrears Resolution Process', repossession of a person's primary home should only be considered as a last resort and that every effort should be made to agree a sustainable arrangement as an alternative to loss of ownership.

The Deputy will be aware that the Central Bank's Code of Conduct on Mortgage Arrears (CCMA) places an onus on the banks, in respect of a co-operating borrower, to explore all the options for an alternative repayment arrangement offered by lenders to address a mortgage difficulty before any legal action is considered.  Furthermore, under the Mortgage Arrears Resolution Targets (MART) process, the Central Bank is requiring the main lenders to work through their mortgages in arrears of more than 90 days and, where possible, to propose and conclude sustainable restructures with their borrowers in arrears. 

The Central Bank has indicated that all six mortgage lenders covered by the MART process have reported that they met the 20% proposed sustainable solutions target for the second quarter of 2013 and also the 30% target for the third quarter in 2013.  In particular, with respect to the third quarter 2013 target, which is the latest publicly available data, the lenders have reported to the Central Bank they had issued proposals to 43% of mortgage accounts in arrears against the 30% target. 

The Deputy may also wish to note, that according to the latest information published by my Department, in the case of private dwelling homes some 54,000 mortgage accounts in difficulty have been the subject of permanent restructuring following engagement between borrower and lender. 

As the Deputy is aware, any bank proceeding to legal recourse with co-operating borrowers, in circumstances where an alternative sustainable arrangement is feasible and can be agreed, is not acting in a manner consistent with the MART process, or with the CCMA.  Of course, the CCMA and MART can only achieve positive results in circumstances where the borrower cooperates with the lender and engages with the process.  Where this does not happen, the lender may have no other option but to go down the legal route to deal with an arrears case.  However, if that course of action leads the borrower to commence a constructive engagement, this can lead to a more favourable conclusion for the respective parties.

It is important to point out, however, that even if a repossession case has commenced in the legal system, the Land and Conveyancing (Law Reform) Act 2013 now provides a power to the Court to adjourn a repossession proceeding in relation to a principal private residence to enable the borrower to consult a personal insolvency practitioner (PIP) and, where appropriate, to instruct the PIP to make a Personal Insolvency Arrangement (PIA) proposal.  In formulating a proposal for a PIA, the Personal Insolvency Act 2012 places an onus on a PIP to do so on terms that shall not in so far as is reasonably practicable, require the borrower to dispose of an interest or cease to occupy a principal private residence. 

I have informed the House previously that letters threatening repossession or legal action should only ever be considered after every possible avenue for solution has been exhausted. I can assure the Deputy that I have expressed this view to the lenders and my officials are keeping in regular contact with the lenders on this important issue. 

Regretfully, however, it must also be accepted that due to the individual circumstances, not all mortgages can be made sustainable and that in these limited circumstances, it will be in the best interests of both parties to resolve the situation in a fair manner. 

Small and Medium Enterprises Debt

Ceisteanna (33)

Mattie McGrath

Ceist:

33. Deputy Mattie McGrath asked the Minister for Finance if he will provide an update on any consultation that has taken place between Professor Morgan Kelly and the Central Bank in view of Professor Kelly's recent comments on the relationship between banks and the debt in the small and medium enterprise sector; and if he will make a statement on the matter. [16084/14]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Central Bank that a meeting has taken place between Professor Morgan Kelly and representatives of the Central Bank, but I am not privy to the details of any such meetings conducted by the Central Bank.

  As the Deputy is aware, the remarks by the UCD academic Morgan Kelly relate to the forthcoming stress testing by the ECB and in this context the Governor of the Central Bank indicated recently that the purpose of the forthcoming ECB stress tests on 128 European banks, which includes Irish banks, was to remove market and government doubts about the ability of banks to absorb losses with their own shareholders funds. It is important to highlight that the ECB Comprehensive Assessment will not get into loan restructuring. The objective of the review is focused solely on determining whether the banks have enough provisions against their loans and capital. Irish banks have just undergone such an exercise, their second in less than three years, which led to a substantial increase in their loan loss provisions at year end. As I have stated previously, I do not anticipate any capital issues for the Irish banks arising from the Comprehensive Assessment.

Tax Code

Ceisteanna (34)

Seán Kyne

Ceist:

34. Deputy Seán Kyne asked the Minister for Finance if, in the context of capital acquisitions tax, consideration can, subject to the wishes of a parent, be given to reducing the length of time a foster child is required to be in the care of an individual before that person is treated as a child or adopted child for the purposes of inheritance; and if he will make a statement on the matter. [16181/14]

Amharc ar fhreagra

Freagraí scríofa

The conditions which must be met for the higher threshold of €225,000 to apply in the case of gifts or inheritances taken by a foster child are set out in legislation. I understand the Deputy is referring to the requirement that, in the case of gifts to formally adopted children and gifts and inheritances to informally adopted children, the child must reside with the foster parent for at least 5 years before reaching 18 years of age for the higher threshold to apply otherwise the threshold of €15,075 applies.

  I will examine, without prejudice and in conjunction with the Revenue Commissioners, any tenable case that may be made for a change in the 5 year requirement. I would say, however, that it is only reasonable that the system demands that appropriate tests are met to justify the provision of the relief and to guard against any possible abuse.

Banking Sector

Ceisteanna (35)

Dessie Ellis

Ceist:

35. Deputy Dessie Ellis asked the Minister for Finance his strategy for creating a sustainable and competitive banking sector. [16062/14]

Amharc ar fhreagra

Freagraí scríofa

One of the key pillars of the Government's Medium Term Economic Strategy, MTES, is making sufficient credit available in the economy and in this regard I am examining a whole series of options for both bank credit and non-bank credit.

  A legacy of the financial crisis is that banks across Europe consolidated in order to better match the needs of the economies.  This has also been the case in Ireland.  I do expect the recovery in the economy will present opportunities for new entrants to be confident in the future profitability of an Irish branch or subsidiary. 

  This Government continues to work to create an environment conducive to the entry of such new entrants primarily through the implementation of policies to promote economic recovery and employment creation but also through different initiatives to ensure that there is an adequate pool of credit to underpin the recovery.  This is a theme common to our EU partners and Ireland has been leading the debate at EU level on the mechanisms to promote, for example, alternative forms of financing for SMEs. It is important though that we establish an environment conducive for banks and alternative credit providers to enter the Irish market and compete.

In this regard:

- we are working to manage and minimise potential market expectations of future State support for the State owned banks which could act as a deterrent to new market entrants;

- we are actively bringing forward new initiatives to promote alternative sources of lending and credit in the Irish marketplace, the most recent example of this being the link with KfW the German State Development Bank;

- we are working to establish equality in the assessment of credit risk through the establishment of an industry-wide credit register to allow for the appropriate measure of risk in lending, allowing incumbent and new lenders to lend with full visibility of the risk of that lending. The Credit Reporting Act was passed at the end of 2013;

- we are working to reduce switching costs to allow customers to move between banks more easily, enhancing competition and forcing banks to work hard to retain their customers on a commercial basis;

- we are in regular dialogue with potential market entrants as they evaluate potential opportunities in Ireland and will be supportive of new entrants as they emerge.

  Another key element to supporting credit in the economy is non-bank financing.  Ireland needs to develop a more diversified financial system with increased direct capital market financing and a greater involvement by institutional investors and alternative sources of finance.  In this regard, the National Pensions Reserve Fund (NPRF), along with third parties, has committed to a number of investments for SMEs, both credit and equity.  These include the SME Equity Fund Better Capital, the SME Equity Fund Cardinal Carlyle and the SME Credit Fund Bluebay.

Mortgage Arrears Proposals

Ceisteanna (36)

Catherine Murphy

Ceist:

36. Deputy Catherine Murphy asked the Minister for Finance if he will indicate, in respect of mortgage loans which are passed from banks and other lending institutions to debt collection agencies, the extent to which those mortgages are protected under the code of conduct on mortgage arrears, specifically if both lender and debt collection agencies are based outside the State; if there is a regulatory gap in this area which needs to be addressed; and if he will make a statement on the matter. [16182/14]

Amharc ar fhreagra

Freagraí scríofa

In circumstances where a regulated financial service provider outsources its debt collection activities, any agent acting on behalf of that regulated financial services provider must comply with the requirements of Irish financial services law, including the Code of Conduct on Mortgage Arrears. Failure to do so may result in the Central Bank imposing penalties on the regulated financial services provider concerned.

As the Deputy may be aware, the two purchasers of the IBRC residential mortgage loans, Loanstar and Oaktree, have both committed to servicing these books in accordance with the terms of the Central Bank's  Code of Conduct on Mortgage Arrears.

The Department's Legislative Programme includes the 'Sale of Loan Books to Unregulated Third Parties Bill', which will address concerns surrounding the continued applicability of the Code of Conduct on Mortgage Arrears after loan books are sold to unregulated entities.

In preparation for this legislation, my officials have been considering how best to ensure that the protections under the CCMA and other Codes continue to apply when a loan book is sold to an unregulated entity. The complexities of this issue have been discussed at meetings with the officials in the Central Bank and the Attorney General's office has been kept informed of progress.

Draft heads of legislation have been sent to the Central Bank for their consideration in advance of more detailed engagement with the Attorney General's office.

Black Economy

Ceisteanna (37)

Thomas Pringle

Ceist:

37. Deputy Thomas Pringle asked the Minister for Finance his plans to address the various forms of black economic activity, particularly the illicit tobacco trade; and if he will make a statement on the matter. [16184/14]

Amharc ar fhreagra

Freagraí scríofa

The shadow economy has a distorting effect on the business environment and can have a serious negative impact on the competitiveness and sustainability of legitimate businesses.

I am informed by the Revenue Commissioners that they are committed to tackling shadow economy activity, working in close co-operation as appropriate with other State agencies and international bodies. There is significant engagement with representatives of legitimate business, through the Hidden Economy Monitoring Group, which is chaired by the Revenue Commissioners.

Revenue's tax compliance programmes are under constant review to ensure that they are focused on the areas of greatest risk, including risks from the shadow/hidden economy.  I am informed that Revenue tackles the problem of tax and duty evasion through their range of compliance and audit interventions including through targeted special projects. Case interventions are undertaken based on Revenue's assessment of compliance risks, the level of those risks and other relevant information available.  The Revenue Commissioners are assisted in the process of assessing risks and identifying suitable cases in which to intervene by using their Risk Evaluation Analysis and Profiling (REAP) system.  REAP integrates data from a range of sources, including internal Revenue information and external third party sources and risk rates taxpayers accordingly. 

Revenue deploys the full range of compliance interventions to tackle those risks and activities undertaken and these include covert surveillance, cold calls to businesses and venues as well as aspect queries on specific items.

For my part, I have it made clear that I am committed to introducing measures that will assist the Revenue Commissioners in their work to combat shadow economy activity, and that I will respond positively where a case is made for further powers or other statutory measures that would strengthen Revenue's hand in dealing with such activity.

In the specific case of the illicit tobacco trade, I am aware that combating this trade is, and will continue to be, a high priority for the Revenue Commissioners. Their work against this illegal activity includes a range of measures designed to identify and target those who are engaged in the supply or sale of illicit products, with a view to seizing the illicit products and prosecuting those responsible. This multi-faceted strategy includes ongoing analysis of the nature and extent of the problem, developing and sharing intelligence on a national, EU and international basis, the use of analytics and detection technologies and ensuring the optimum deployment of resources at points of importation and within the country. Revenue will continue to act against all stages of the supply chain for illicit tobacco products and will make every effort to ensure that those involved in the illicit trade are brought to account before the Courts for their criminal activities.

I have provided for a number of new measures in recent Finance Acts that are designed to assist the Revenue Commissioners in the work against the illicit tobacco trade. Provisions in the Finance Act 2013 will allow them to deal more effectively with the risk of the illicit manufacture of tobacco products, and include a new offence relating to illicit production of tobacco products, as well as provision for forfeiture of equipment or material used in illicit production. In addition, the Finance (No. 2) Act 2013 has made provision for a power of search of baggage and receptacles, where there is reasonable belief that a person is guilty of an offence of dealing illegally in unstamped tobacco products.

Action has been taken also against fuel fraud. Following on from initiatives that have strengthened the licensing of fuel traders and brought about enhanced control of the fuels supply chain, the Finance (no. 2) Act 2013 makes a supplier who is reckless in supplying rebated fuel liable for duty where that fuel is used for an illicit purpose. In addition, Revenue and Her Majesty's Revenue and Customs in the United Kingdom have worked together to identify a more effective marker for marked gas oil, for use in both jurisdictions. The new marker, which was announced on 13 February 2014, will be more resistant to laundering and will, therefore, be a key element of Revenue's overall strategy for dealing with that problem. The new marker will be introduced in consultation with the oil industry and is expected to be in place within 12 to 18 months.

I have also introduced specific Finance Bill measures to counteract shadow economy activity and fraudulent practices that undermine the VAT base.  One such provision seeks to deter possible collusion between a supplier and customer for the purpose of taking part in, or facilitating VAT fraud. A second measure provides that credit for VAT on goods and services purchased is disallowed where a business has not, within a six month period, fully or partly paid for them, and repayment of the VAT claimed on those purchases will be required. Thirdly, the Revenue Commissioners will be able to issue notices requiring businesses to provide specific information in circumstances where Revenue has reasonable grounds for believing that the information might assist in identifying shadow economy activity.

I should add that legitimate businesses can also assist in combating the shadow economy, by providing information on shadow economy activities to the Revenue Commissioners or other relevant State agencies, and I would encourage them to support the extensive work that is being carried out against illicit activities by doing so.  

Credit Availability

Ceisteanna (38)

Seán Fleming

Ceist:

38. Deputy Sean Fleming asked the Minister for Finance the status of the announcement that KfW will provide credit facilities in the Irish economy; and if he will make a statement on the matter. [16174/14]

Amharc ar fhreagra

Freagraí scríofa

Senior officials of the Department of Finance have already exchanged working papers on this subject with KfW and the German Ministry of Finance.  There have been meetings on this matter in Berlin, Frankfurt and Dublin as well as numerous teleconferences.

The NTMA and the Department of Finance are currently working on the detail of the debt products to be offered to the SME sector with a view to making them attractive in terms of both cash flow and accessibility to the sector.  As we are trying to ensure that any initiative that comes out of this process is as effective as it can be, we will be discussing approaches that meet the strategic objectives of  all stakeholders and ultimately facilitate lending to the real economy, in particular SMEs in Ireland.

The precise arrangements for the structure, level of funding and distribution options are currently the subject of the discussions between the relevant officials at present and will have to adhere to EU State Aid considerations.

State Banking Sector

Ceisteanna (39)

Thomas P. Broughan

Ceist:

39. Deputy Thomas P. Broughan asked the Minister for Finance his position on retaining the State's shares in Bank of Ireland, Allied Irish Bank and Permanent TSB. [15984/14]

Amharc ar fhreagra

Freagraí scríofa

I have stated in the past that I do not see the State as a long-term investor in the banking sector and I am keen to return the banks to private ownership at the appropriate time, having considered the overall interests of the taxpayer.

The State has already executed the successful disposal of some of its investments in the banks. Last year the State completed three transactions the sale of the CoCo and preference share investments in Bank of Ireland, and our investment in Irish Life. These disposals generated total proceeds of €4.45bn.

The banks are at different stages in their recovery and this influences the relative attractiveness of each bank to the investor community and their consequent valuation. Bank of Ireland is the most advanced of the banks and this provided us with the opportunities we chose to avail of last year.

Following the monetisation of the preference shares in December 2013, our remaining investment in Bank of Ireland comprises our almost 14% equity holding. The market value of this holding, at the current share price of 32c per share, is c.€1.4bn. As I have stated recently, any decision to sell this stake will be a question of price. Officials in my Department continue to monitor market conditions and advise me in this regard.

With reference to AIB, I am encouraged by the progress the bank is making. Our first priority is to see the bank return to profitability and address its legacy issues. In time this should enable the State to be in a position to exit part of its investment in the bank should we wish to do so. As I have said recently, the Government might look to "test the market" before the next election in order to establish a valuation for the bank.

The potential involvement of a strategic or capital market based investor for Permanent tsb ("PTSB") will be considered at an appropriate time having regard to the best interests of the State. My officials and PTSB are in regular contact regarding matters such as capital structure and will consider all potential strategies in this regard.

In the meantime PTSB continues to work to enhance the value of our investment through the continued delivery of the restructuring plan, which will, if delivered, provide the State with more optionality regarding the future structure of PTSB. Key activities include a return to meaningful lending and material progress in resolving arrears in mortgages and commercial real estate.

Small and Medium Enterprises Debt

Ceisteanna (40)

Pearse Doherty

Ceist:

40. Deputy Pearse Doherty asked the Minister for Finance the actions he is taking to protect the viability of small and medium enterprises which are overburdened with debt due to property assets; the contact he has had with the ECB on the issue; and if he shares the views of Professor Morgan Kelly on the issue of SME debt. [16068/14]

Amharc ar fhreagra

Freagraí scríofa

The Government recognises that SMEs are the lifeblood of the economy and will play a vital role in the recovery of employment growth in our country. Government policy is focused on ensuring that all viable SMEs have access to an appropriate supply of credit from a diverse range of bank and non-bank sources. 

In June 2013 the Central Bank, in consultation with the European Central Bank, set quarterly institution-specific performance targets for covered banks to move distressed SME borrowers, including those who are overburdened with debt due to property assets, onto longer-term forbearance solutions.  The targets set reflect the banks' capacity, processes and systems.  The Central Bank has informed the officials in my Department that the banks have reported that they have met their required targets to date.  This perspective has been reaffirmed by both the IMF and the European Commission who report that the workout of SME arrears is progressing and that imposed targets are being met.  

Recently published results from the covered Irish banks indicate that both banks are well advanced in restructuring their SME loan books.  Bank of Ireland's most recent published results indicate that they had reached resolution in 90% of distressed SME cases.  Similarly the AIB's results indicate a resolution level of approximately 65%.  It is also worth noting that defaulted loans for both banks have reduced year-on-year. 

The Central Bank's process of assessing financial institutions in their efforts to move distressed SME borrowers onto longer term sustainable solutions is an important element in assisting SMEs to potentially transition from a distressed to a more sustainable state and will continue in 2014. Additionally, the enactment of legislation to allow small companies (as defined by the Companies Acts) to apply to the Circuit Court for examinership and the ongoing work of the Credit Review Office, which has been given an expanded remit, are all initiatives that will assist viable SMEs in adressing their debt situation. I should stress that the credit review process remains available to any SMEs whose credit has been reduced or withdrawn by AIB or Bank of Ireland as well as when credit is refused by them. I would strongly advise any SME whose credit is reduced or withdrawn to avail of the services of the Credit Review Office.

I am informed by the Central Bank that a meeting has taken place between Professor Morgan Kelly and representatives of the Central Bank, but I am not privy to the details of any such meetings conducted by the Central Bank.

The remarks by the UCD academic Professor Morgan Kelly, relate to the forthcoming stress testing by the ECB and in this context the Governor of the Central Bank indicated recently that the purpose of the forthcoming ECB stress tests on 128 European banks, which includes Irish banks, was to remove market and government doubts about the ability of banks to absorb losses with their own shareholders' funds.  It is important to highlight that the ECB Comprehensive Assessment will not get into loan restructuring. The objective of the review is focused solely on determining whether the banks have enough provisions against their loans and capital. Irish banks have just undergone such an exercise, their second in less than three years, which led to a substantial increase in their loan loss provisions at year end. As I have stated previously, I do not anticipate any capital issues for the Irish banks arising from the Comprehensive Assessment.

Banking Sector

Ceisteanna (41)

Pearse Doherty

Ceist:

41. Deputy Pearse Doherty asked the Minister for Finance his views on the Royal Bank of Scotland’s review of Ulster Bank, the poor financial performance by Permanent TSB and if the possibility of merging the two banks has been discussed. [16066/14]

Amharc ar fhreagra

Freagraí scríofa

In Autumn 2013, following a review of its operations by the UK Treasury, RBS reaffirmed its commitment to the Irish market.  As part of that process, Treasury officials engaged with officials from my Department. 

In February 2014, I met with RBS executives to ascertain their outlook for the bank both here and in the UK. RBS is currently reviewing the operations of Ulster Bank in Ireland with a view to creating a sustainable business model, and on 27 February 2014, RBS reiterated its commitment to the Irish market. It is good news that the bank has committed so firmly to the Irish market. 

From a domestic banking perspective, the continued presence of a viable and active Ulster Bank in the Irish market will be important in fostering competition for banking services. It is vital that businesses and consumers have a range of banking options available when using financial services and accessing credit - all of which will become increasingly important as the economy recovers. Officials in the Department of Finance have been in contact with both RBS and Ulster Bank officials and this will continue as the bank finalises its plans for the future.

Similarly my officials regularly review the performance of Permanent TSB particularly with regard to the resolution of mortgage arrears and other non-performing loans and the re-establishment of the bank as a competitive presence in the Irish domestic banking market. In these, and many other areas, the management team of Permanent TSB has made considerable progress and while the indentifiable legacy issues continue to impact on the financial performance they are being pro-actively managed.  

  Now that the Programme of Support is over, it has been succeeded by the Government's Medium Term Economic Strategy. One of the key planks of the MTES is making sufficient credit available and in this regard I am examining a whole series of options for both bank credit and non-bank credit. 

  In addition to the many initiatives relating to non-bank credit, the Deputy will be aware that I would like to see more competition in the domestic banking system to provide the lending required for our growing economy.  One option would be to continue to build up Permanent TSB.  I would also welcome the participation of foreign banks in Ireland, possibly by way of  partnership with some of our domestic banks.     

  I have not yet formed a view on the structure of a banking system which would support the needs of the Irish economy, and this will require further evaluation over the coming months and years, as the State and the banks currently operating in Ireland normalise and put the legacy banking issues, which were the priority when I came into office, behind them.  

IBRC Liquidation

Ceisteanna (42)

Dara Calleary

Ceist:

42. Deputy Dara Calleary asked the Minister for Finance when he will be in a position to assess the cost to the State of the liquidation of Irish Bank Resolution Corporation; and if he will make a statement on the matter. [16177/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Special Liquidators that they are unable to estimate the final cost of the liquidation at this time. There are a number of matters that remain outstanding, including the disposal of assets that were not included in the recent portfolio sales, that are likely to have an impact on the ultimate outcome of the liquidation.

I have been advised that the Special Liquidators will comply with their reporting obligations and as such the liquidation accounts will be filed with the Companies Registration Office after two years of the liquidation and yearly thereafter.

Tax Code

Ceisteanna (43)

Michael McGrath

Ceist:

43. Deputy Michael McGrath asked the Minister for Finance the steps being taken to ensure that the European Commission investigation into aspects of Ireland’s corporation tax regime is concluded in a timely manner and in a way that does not damage Ireland’s economic interests; and if he will make a statement on the matter. [16169/14]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Competition Directorate of the European Commission is currently conducting a review of corporate tax ruling procedures in various EU Member States in order to assess such practices under EU State Aid rules.

What is involved at this stage is a preliminary gathering and examination of information on the part of the Commission for the purposes of getting an overview of the different tax ruling procedures in various Member States.

Ireland is fully co-operating with the Commission in this exercise. The Commission has requested information on Revenue's administrative practice in relation to the provision of advance opinions on the application of tax rules to business transactions and activities, as well as details of opinions provided to companies under this practice. Revenue has provided the information sought by the Commission as required under EU law and this has been done in a timely manner.

Full co-operation with this inquiry is required under EU law and the Deputy will have noted the issuing of two information injunctions by the Commission to a Member State which the Commission considers has not yet co-operated fully with its requests for information.

Employment Data

Ceisteanna (44)

Willie O'Dea

Ceist:

44. Deputy Willie O'Dea asked the Taoiseach the number of persons aged 16 to 25 who are not currently engaged in employment, education or training; the percentage of the population aged between 16 and 25 this represents; if he will provide in tabular form the primary status - education, unemployed, training, employed, none of the above - of those under 25 years; and if he will make a statement on the matter. [16704/14]

Amharc ar fhreagra

Freagraí scríofa

The Quarterly National Household Survey (QNHS) is the official source of estimates of employment and unemployment in the State and the data also provides information on persons Neither in Employment nor in Education and Training (NEET). The Q4 2013 estimates are the most recent QNHS figures available.

Table 1 shows the number of persons aged 16-25 who are classified as being Neither in Employment nor in Education and Training (NEET) together with the proportion of persons aged 16-25 this represents.

Table 1 - Persons aged 16 - 25 Neither in Employment nor in Education and Training (NEET) Quarter 4 2013.

-

Q4 13 Thou

% of 16-25 year population

Neither in Employment nor in Education and Training (NEET)

85.2

16.1

Source: Quarterly National Household Survey (QNHS), Central Statistics Office, Ireland.

Data may be subject to future revision.

Reference period: q4=Oct-Dec.

Note: The indicator on people Neither in Employment nor in Education and Training (NEET) corresponds to the population of the age group who is not employed and not involved in further education or training, i.e. persons who meet the following two conditions: (a) they are not employed (i.e. unemployed or inactive according to the International Labour Organisation definition) and (b) they have not received any education or training in the four weeks preceding the survey.

When calculating the proportion of all persons in the age group classified as NEET, it should be noted that respondents who have not answered the question 'participation in regular (formal) education and training' are excluded from the calculation.

Table 2 shows persons aged 16-25 classified by ILO economic status. The exact information requested by the deputy is not available; the three broad ILO economic categories classify people as being employed, unemployed and not in the labour force but persons classified in any of these categories can also be engaged in education or training. As a result, the categories requested by the Deputy are not mutually exclusive. However, additional sub-categories for those persons not in the labour force are also included in this table for information.

Table 2 - Persons aged 16 - 25 classified by detailed Economic Status Quarter 4 2013.

-

Q4 13 Thou

In labour force

246.0

In employment

189.4

Unemployed

56.6

Not in labour force

285.5

Potential Additional Labour Force (PALF)

10.0

Others

275.5

Wants job, not available and not seeking because is in education or training

20.4

Wants job, not available and not seeking because of other reasons

5.8

Does not want job

249.4

All persons

531.4

Source: Quarterly National Household Survey (QNHS), Central Statistics Office, Ireland.

Data may be subject to future revision.

Reference period: q4=Oct-Dec.

Note: The Potential Additional Labour Force (PALF) is the sum of the two groups 'persons seeking work but not immediately available' and 'persons available for work but not seeking'.

Departmental Contracts

Ceisteanna (45)

Ciaran Lynch

Ceist:

45. Deputy Ciarán Lynch asked the Taoiseach the duration of the merchant agreement where payment by debit or credit card is accepted for services provided by his Department or bodies under the aegis of his Department to the public; when does the term end; if the merchant agreement is awarded by way of tender; and if he will make a statement on the matter. [15969/14]

Amharc ar fhreagra

Freagraí scríofa

My Department, or bodies under the aegis of my Department, do not operate a merchant agreement for payment of services by debit or credit cards.

Programme for Government Implementation

Ceisteanna (46, 47)

Brendan Griffin

Ceist:

46. Deputy Brendan Griffin asked the Taoiseach if he will introduce a Dáil reform that would allow any Deputy to ask questions of local, regional, national or international importance of him following Leaders' Questions for a maximum of 30 seconds per question-answer using the system of indication used currently during the Order of Business; and if he will make a statement on the matter. [15970/14]

Amharc ar fhreagra

Brendan Griffin

Ceist:

47. Deputy Brendan Griffin asked the Taoiseach if he will introduce a Dáil reform that would allow at least two more additional Topical Issues slots per day, in view of the constant demand for speaking time that exists under Topical Issues; and if he will make a statement on the matter. [15971/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 46 and 47 together.

The Programme for Government outlines an ambitious agenda for Oireachtas Reform to be introduced in a phased process over the lifetime of this Government.

The reforms introduced by this Government, to date, have significantly enhanced the role of the TD.

No parliament is perfect and the process of parliamentary reform is always an ongoing one. The Oireachtas Reforms announced last autumn are currently being implemented but work is already underway on the next phase of Dáil Reform.

The suggestions outlined by the Deputy will be considered for inclusion in the next phase of Oireachtas Reform. The areas concerned have been reformed since 2011 and are kept under review with a view to introducing further improvements.

Since 2011 Topical Issues Debates have replaced Adjournment Debates and changes introduced in the second phase of reform require a Minister or a Minister of State from the relevant Department to be present in the chamber for a Topical Issue debate or the TD can defer the matter until a Minister from that Department is available when it will be given priority. The number of Dáil sitting days per year has been increased and individual Dáil sitting days lengthened, giving TDs more opportunity to raise issues through Questions to Ministers, Taoiseach's Questions and Topical Issue Debates.

Providing time for legislative debate and the continued reduction in the use of the guillotine will continue to be the priority for Dáil business.

Any Member of the House who has Dáil reform proposals can contact the Government Chief Whip to discuss those proposals in detail and they will be considered as part of the ongoing process of Dáil reform.

The next phase of Dáil and Oireachtas Reform will build on the changes introduced since the Government took office in 2011.

Motor Tax Exemptions

Ceisteanna (48, 49)

Seán Fleming

Ceist:

48. Deputy Sean Fleming asked the Taoiseach the number of motor vehicles in the possession of his Department or agencies of his Department that are not required to hold motor tax; and if he will make a statement on the matter. [16035/14]

Amharc ar fhreagra

Seán Fleming

Ceist:

49. Deputy Sean Fleming asked the Taoiseach the number of motor vehicles in the possession of his Department or agencies of his Department that do not hold an insurance policy; the manner in which insurance claims arising in respect of vehicles in the possession of his Department or its agencies are handled; the amount of insurance claims paid on behalf of his Department in each of the past five years; and if he will make a statement on the matter. [16051/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 48 and 49 together.

My Department, or agencies of my Department, have no motor vehicles.

Costais Aistriúcháin

Ceisteanna (50)

Éamon Ó Cuív

Ceist:

50. D'fhiafraigh Deputy Éamon Ó Cuív den an Taoisigh cén méid airgid a caitheadh in 2013 ar aistriú doiciméad ó Bhéarla go Gaeilge nó ó Ghaeilge go Béarla, agus ó theangacha eile go Béarla agus ó Bhéarla go teangacha eile, faoi seach; cad ba chaiteachas iomlán riaracháin na Roinne sa bhliain 2013; agus an ndéanfaidh sé ráiteas ina thaobh. [16143/14]

Amharc ar fhreagra

Freagraí scríofa

Tá na sonraí a d'iarr an Teachta Dála, maidir le costais aistriúcháin i mo Roinn sa bhliain 2013 leagtha amach sa table thíos.

Ábhar

Costaisí

Aistriúchán Gaeilge

€33,866.34

Aistriúcháin - eile

€7,989.97

Ateangaireacht

€7,104.65

Iomlán

€48,960.96

Legal Matters

Ceisteanna (51, 52)

Luke 'Ming' Flanagan

Ceist:

51. Deputy Luke 'Ming' Flanagan asked the Taoiseach if he will provide in tabular form the number of judicial review cases issued in past four years handled by the Office of the Chief State Solicitor; the number of cases where the Office of the Chief State Solicitor directed the entity to assist affected members of the public obtain reasons for decisions by assisting or offering to assist them make a section 18 of the Freedom of Information Act application under obligations imposed on officials under Freedom of Information Regulations 519/1998 Act prior to proceedings being issued by the person and taking into account the injustice and the cost of legal proceedings; and if he will make a statement on the matter. [16157/14]

Amharc ar fhreagra

Luke 'Ming' Flanagan

Ceist:

52. Deputy Luke 'Ming' Flanagan asked the Taoiseach if he will provide in tabular form the number of judicial review cases issued in past four years handled by the Office of the Chief State Solicitor and the number of cases where the public entity assisted affected members of the public obtain reasons for decisions by assisting or offering to assist them make a section 18 of the Freedom of Information Act application under obligations imposed on officials under Freedom of Information Regulations 519/1998 Act prior to proceedings being issued by the person and taking the injustice and the cost of legal proceedings; and if he will make a statement on the matter. [16163/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 51 and 52 together.

I am informed that the number of judicial review cases in respect of which files were opened by the Office of the Chief State Solicitor is as follows:

Year

Number of judicial review cases

2010

389

2011

275

2012

276

2013

303

2014 to 3rd April 2014

47

The CSSO is a constituent element of the Attorney General’s Office and provides litigation services by acting as a solicitor to Ireland, the Attorney General, Government Departments and certain State agencies as well as providing advisory services to those bodies. It is not the function of the CSSO to provide legal advice to the public generally. The Freedom of Information Act confers entitlements on members of the public to seek reasons for decisions. An application pursuant to Section 18 of the Freedom of Information Act must be made by a person who has a material interest in a matter affected by an act of a public body.

Accordingly, applications pursuant to Section 18 are made to the public body concerned. The CSSO does not have a function of providing advice to persons threatening proceedings against the State or bringing proceedings against the State as to how those proceedings might be obviated or prosecuted.

Legal Matters

Ceisteanna (53)

Luke 'Ming' Flanagan

Ceist:

53. Deputy Luke 'Ming' Flanagan asked the Taoiseach if the Office of the Chief State Solicitor has with regard to the Prevention of Corruption Act a Code of guidance in place for its solicitors to disclose information to the Garda Síochána who are the proper authorities to investigate crime about public officials under section 19 of the Criminal Justice Act 2011 who have improperly withheld information; and if he will make a statement on the matter. [16164/14]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Chief State Solicitor's Office that the solicitors in the Office of the Chief State Solicitor are guided by the Law Society of Ireland’s Guide to Good Professional Conduct for Solicitors, Third Edition, prepared by the Guidance and Ethics Committee of the Law Society. The Chief State Solicitor does not prepare offence-specific ethical guidance codes.

Legal Matters

Ceisteanna (54)

Luke 'Ming' Flanagan

Ceist:

54. Deputy Luke 'Ming' Flanagan asked the Taoiseach if the Chief State Solicitor is aware that the EU Commission state aid investigation C31/07 was told that Bus Éireann operated the school transport scheme under contract; if this is the case if he will ask the Chief State Solicitor the reason this information was not disclosed to the Garda Síochána by virtue of the Prevention of Corruption Act and section 19 of the Criminal Justice Act 2011; and if he will make a statement on the matter. [16165/14]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Chief State Solicitor's Office that this question appears to relate to the proceedings entitled “Student Transport Scheme Ltd –v- Minister for Education and Skills and Bus Eireann” which bears High Court Record No. 2011/1043JR and Supreme Court Appeal No. 527/2012.

Student Transport Scheme Limited is the Appellant. Its case was rejected by the High Court and Student Transport Scheme Limited has brought an appeal to the Supreme Court. The question also touches upon a State Aid investigation C31/07, which was commenced by the European Commission in 2007. As the question seems to seek to encroach on the functions of the Courts it is not appropriate to comment further.

The following information was provided under Standing Order 40A

As I pointed out in my reply to the PQ, I am informed by the Chief State Solicitor's Office that this question appears to relate to the proceedings entitled "Student Transport Scheme Ltd -v- Minister for Education and Skills and Bus Éireann" which bears High Court Record No. 2011/1043JR and Supreme Court Appeal No. 527/2012. Student Transport Scheme Limited is the Appellant.

I understand that the essential thrust of the legal action was to seek an Order from the High Court setting aside the existing arrangements between Bus Éireann and the Department of Education and Skills for the provision of national school transport services, citing EU Public Contracts Directives and Regulations. Its case was rejected by the High Court and Student Transport Scheme Limited has brought an appeal to the Supreme Court. The usage of words such as "contract" in various contexts was considered in the High Court proceedings. The Judge found that the operation of the Scheme does not establish the existence of a contract within the meaning of the EU public procurement Directive or the Irish implementing Regulations.

As I also stated in my PQ reply, the question also touches upon a State Aid investigation C31/07, which was commenced by the European Commission in 2007. I am informed that this investigation was in relation to State aid to Bus Éireann and Dublin Bus. The State's response was coordinated by the Department of Transport, Tourism and Sport and the Department of Education and Skills supplied any information to that Department as required by the Commission. The issues raised in the Deputy's question do not involve any wrongdoing requiring to be disclosed to An Garda Síochána. The State has maintained, and this has been stated on many occasions, that the operation and administration of PSO (public service obligation) transport services and the school transport scheme respectively are in accordance with the provisions of EU law. A decision on the investigation is awaited.

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