Written Answers Nos 61-90
61. Deputy Michael McGrath asked the Minister for Finance the position regarding his proposal to provide a State-backed insurance scheme for first-time house purchasers; and if he will make a statement on the matter. [10649/15]
Amharc ar fhreagraConstruction 2020 committed the Government to examining the concept of a mortgage insurance scheme, to ensure sustainable levels of mortgage lending in the medium term.
In October I wrote to the Oireachtas Committee on Finance, Public Expenditure and Reform requesting that the committee consider the matter of mortgage insurance in an Irish context and, drawing on the experiences of other countries, prepare a report on the issue. The Committee has concluded its deliberations and has given me and the Governor of the Central Bank a copy of the report. As noted in the report, the full implications of a mortgage insurance scheme can only be examined once the new Central Bank macro prudential regulations for residential mortgage lending are in place and the effects they have on mortgage lending can be examined. As the Deputy is aware, the Central Bank also considered the issue of mortgage insurance in the context of the new macro prudential framework and it concluded that an exception for suitably insured mortgages was not an effective practical amendment at this time.
An overriding primary public policy concern is to deliver an affordable and sustainable housing and credit market over the course of the economic cycle and the avoidance of boom and bust cycles which we have experienced in the recent past. The new Central Bank macro prudential measures are intended to help achieve that objective. Mortgage insurance could have a contributory role to play in the achievement of that objective at a future point. However, as suggested by the Central Bank, it is likely to have such a role only if it effectively transfers risk away from the banking system and from the State in a cost effective way. This is a matter, therefore, that will need to be kept under review by my Department and by the Central Bank. However, due to the need to transfer risk I would not see the State playing a role in underwriting or guaranteeing the provision of mortgage indemnity insurance.
62. Deputy Brendan Griffin asked the Minister for Finance the reason the accrual of interest on State savings bonds will not continue for the period between the maturity date and the commencement date of the new purchase; the projected savings that will be achieved by this measure; and if he will make a statement on the matter. [10654/15]
Amharc ar fhreagraThe National Treasury Management Agency (NTMA) manage the State Savings Products which includes State Savings bonds. State Savings fixed term, fixed rate products have a pre-determined maturity date, i.e. either 3, 4, 5½, 6 or 10 years after the date of purchase.
The NTMA has advised that in advance of the date on which the State Savings fixed term product matures, the holder is issued with a letter asking them for instructions with regard to the maturity, whether that is to re-invest some or all of the maturing amount in any one of the then available State Savings products (i.e. fixed rate, fixed term products or deposit accounts or prize bonds) or to have some or all of the maturing amount repaid to the holder. If the holder of the fixed term State Savings product does not respond before the maturity date to the "Maturity Options" letter issued to them, the money remains in the Exchequer until such time as payment instructions are received from the holder.
Given that the original investment is for a pre-determined period at a pre-determined rate, on the maturity date, the holder is entitled to the full maturing amount (Principal and Interest / Bonus as appropriate) that they were promised when they purchased the State Savings product, so there is no savings to be made.
63. Deputy Patrick O'Donovan asked the Minister for Finance if the primary medical certificate will be re-issued in circumstances to allow tax relief to be claimed (details supplied); and if he will make a statement on the matter. [10670/15]
Amharc ar fhreagraThe Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to a certain limit) on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, repayment of excise duty on fuel, and an exemption from Motor Tax.
To qualify for the Scheme, an applicant must have a permanent and severe physical disability within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations (SI No. 353 of 1994) and satisfy one of the six qualifying criteria outlined in the Regulations. The Senior Medical Officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. A successful applicant is provided with a Primary Medical Certificate, which is required under the Regulations to claim the reliefs provided for in the Regulations.
An unsuccessful applicant can appeal the decision of the Senior Medical Officer to the Disabled Drivers Medical Board of Appeal, which makes a new clinical determination in respect of the individual. The Regulations mandate that the Medical Board of Appeal is independent in the exercise of its functions to ensure the integrity of its clinical determinations. After six months a citizen can reapply if there is a deterioration in their condition.
To qualify for the Scheme an applicant must be in possession of a Primary Medical Certificate. To qualify for a Primary Medical Certificate, an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 and satisfy one of the following conditions:
- be wholly or almost wholly without the use of both legs;
- be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;
- be without both hands or without both arms;
- be without one or both legs;
- be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;
- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.
There is no explicit provision in SI No. 353 of 1994 for the surrender of a Primary Medical Certificate. It was intended that the Primary Medical Certificate would be a declaration that the citizen would have a permanent and severe disability according to the definitions outlined in SI No. 353 of 1994. However, surrendering the Primary Medical Certificate would not have an impact on the citizen in this case.
As Minister of State with responsibility for Disability, Equality, Mental Health and Older People informed the Deputy on 3 March 2015, the Government decided to continue monthly payments to those persons in receipt of Mobility Allowance at the time the scheme closed, pending the commencement of a statutory scheme, on the basis that this would prevent hardship and, on interim basis, alleviate stress, anxiety and uncertainty among a vulnerable group in society. Accordingly, the individual referred to by the Deputy was in receipt of €104.25 in February 2013 when the Government decided to close the mobility allowance. The €104.25 has been paid for the past two years and will continue to be paid to the individual at the existing rate until further instruction issues from the Department of Health, on foot of any further decisions the Government may make in this matter.
64. Deputy Fergus O'Dowd asked the Minister for Finance his views on correspondence (details supplied) regarding a tax query in County Meath; and if he will make a statement on the matter. [10671/15]
Amharc ar fhreagraA fair, efficient and competitive income tax system is essential for economic growth and job creation. While the figures submitted by the Deputy are accurate, it is important to understand that PAYE workers and the self-employed are taxed in different ways to reflect their differing circumstances.
As the Deputy will be aware, employees in the PAYE system benefit from a PAYE income tax credit worth €1,650 per annum, to which the self-assessed are not entitled. The PAYE allowance, as it was then, was introduced in 1980 to improve the tax progression of PAYE taxpayers and to take account of the fact that the self-employed generally then had the advantage of paying tax on a preceding year basis. The argument was also made at the time that the general scheme of allowances for expenses discriminated against employees and in favour of other taxpayers.
There have been some changes since 1980. For example, the self-employed now pay tax on a current year basis. In addition, the PAYE allowance has become a tax credit. However, there are other aspects to how the self-assessed are taxed which can be beneficial to them. For instance, there are significant timing benefits, depending on the accounting period used by the taxpayer, which are available to the self-assessed but which are not available to PAYE workers. In addition, the expenses regime for self-assessed taxpayers remains somewhat more liberal than that afforded to employees and therefore the self-employed can actually pay less tax when compared to a PAYE worker on the same income.
Notwithstanding the above, I am of the view that the tax position should be standardised for PAYE workers and for the self-employed, bearing in mind the need to encourage enterprise. I have stated that the position will be kept under review such that policy change can be considered when resources allow.
Turning to PRSI, it is true that employees are exempt from the charge to PRSI if their income does not exceed €18,304. However, once PAYE income exceeds this threshold they are liable to pay PRSI on the full amount at 4%, thus equalising the treatment of personal PRSI contributions, on all of the income, for PAYE and self-assessed workers on incomes above that level.
In the case of employees, their employers are required to pay a PRSI charge in respect of each employee. Thus the contribution made to the Social Insurance Fund in respect of employees is usually higher than that made by a self-assessed individual. For instance, at an income level of €100,000, an employer would typically be required to pay PRSI of €10,750 in respect of the employee, in addition to the €4,000 payable by the employee. Total PRSI of €4,000 is payable in respect of a self-employed individual with the same income. Entitlement to social welfare benefits is primarily a matter for the Minister for Social Protection. However, it is worth pointing out that for individuals with incomes in excess of €18,304 the total PRSI payable in respect of an employee is 14.75% of salary, while the total payable by a self-employed individual is 4%.
I must reject the charge that the income tax system is regressive. A progressive taxation system means that those on higher incomes pay proportionately higher rates of tax on their income than those on lower incomes. This is clearly the case in Ireland and is widely acknowledged to be so. The European Commission compares progressivity of taxation by taking the OECD tax wedge for an individual earning 167% of the average wage and dividing it by the tax wedge for an individual earning 67% of the average wage. On a rating system where less than 100 is regressive and above 100 is progressive, most EU countries have a progressivity rate of between 120 and 140. Ireland, in comparison, has a progressivity rate of 183, making it considerably more progressive than any other EU member of the OECD.
Finally, it is important to note that the changes to the Income Tax system introduced in Budget 2015 benefit all those who pay income tax and/or USC equally, regardless of whether they are PAYE or self-assessed taxpayers. These measures are the first stage of a three year plan to reduce the income tax burden on low and middle income earners.
65. Deputy Michael McGrath asked the Minister for Finance in respect of the total general Government contingent liabilities and non-performing loans in European Union member states in 2013, as reported by EUROSTAT on 10 February 2015, if he will provide a breakdown for Ireland of the outstanding liabilities related to off-balance public private partnerships liabilities of Government controlled entities classified outside general government and non-performing loans; and if he will make a statement on the matter. [10672/15]
Amharc ar fhreagraThe Enhanced Economic Governance package (the so-called "six pack" composed of five Regulations and one Directive) was adopted by the European Parliament and Council in November 2011. Among other statistical implications, this package includes some legal requirements which have implications on the collection/dissemination of fiscal data and statistics. In particular, under Council Directive 2011/85 of 8 November 2011, all Member States are required to regularly publish data on contingent liabilities and other indicators which may indicate potential impact on the general government deficit and/or debt.
EUROSTAT established a Task Force on the implications of the Directive on the collection and dissemination of fiscal data. The Task Force was conducted in co-operation with DG ECFIN and the practical implementation of individual requirements of the Directive relating to the reporting of fiscal data was set out. It was agreed by the TF members that all indicators required by the Directive would be published together by a national authority on a single dedicated national web page or website.
My Department published this data on its website as Fiscal Data Contingent Liabilities 2013 on 30 December 2014.
Concurrent to this process the CSO transmit the data to EUROSTAT who in turn published it in their report on 10 February 2015. The data in the publication is collected by the CSO with the assistance of my department.
The Deputy should note that this data only contains data on liabilities and non-performing loans in line with the requirements of the directive. It does not include any data on related or counter parting assets.
A breakdown at sector level of the data requested by the Deputy is outlined in the aforementioned Department of Finance publication; http://www.finance.gov.ie/sites/default/files/Contingent%20Liabilities%202013%2030%2012%202014.pdf
Providing a further breakdown of this data would be a matter for the CSO. As indicated in EUROSTAT's report, the stock of non-performing loans predominately relates to the inclusion of Irish Bank Resolution Corporation (IBRC) into the general government sector in 2011.
Please note that the Department of Finance publication includes the liabilities of the Central Bank. However EUROSTAT in their report excluded national central bank liabilities to enhance cross-country comparison.
66. Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the total annual cost of tax relief at source for private health insurance for the past three years. [10698/15]
Amharc ar fhreagraAs I previously advised the Deputy in response to Parliamentary Question no. 70 (9500/15) on 4 March 2015, I am informed by the Revenue Commissioners that the cost to the Exchequer of tax relief allowed through the tax relief at source (TRS) system for medical insurance premia from 2012 to 2014 is as set out in the table below.
The estimates do not include costs to the Exchequer of age-related tax relief at source, which was established by the Health Insurance (Miscellaneous Provisions) Act 2009. Those costs are shown separately in the final column of the table. The cost of the age-related tax credit for 2012 is offset by a stamp duty on health insurance policies. The age-related tax credit and stamp duty were part of an interim scheme of risk equalisation, which was introduced in order to provide direct support to community rating in the private health insurance market and is intended to be revenue neutral over its duration. This interim scheme expired on 31 December 2012 and was replaced from 1 January 2013 by a permanent risk equalisation scheme, provided for in the Health Insurance (Amendment) Act 2012. Risk equalisation credits are not given through the tax system effective from 1 January 2013.
|
Tax Year |
Estimated Cost €m (excluding cost of Age Related Tax Credit) |
Cost of Age-Related Tax Credit €m |
|
2012 |
448 |
436 |
|
2013 |
473 |
103 |
|
2014 (provisional) |
354 |
30 |
(Figures shown in table are rounded to the nearest million)
67. Deputy Catherine Murphy asked the Minister for Finance if his attention has been drawn to potential conflicts of interest, which existed at the time of the sale, by the former Irish Bank Resolution Corporation of an entity (details supplied); specifically if his attention has been drawn to the fact that agents contracted by the corporation to execute the sale also held significant interests in the entity being sold, that the legal advisers on the sale were acting for both the vendor and purchaser in the transaction, and that the reported agreed sale terms included a large payment to the board of the entity being sold and whose votes were obviously required to approve the sale; if so, his views that this presents an alarming set of circumstances to an entity tasked with protecting the taxpayers' interests; and if he will make a statement on the matter. [10704/15]
Amharc ar fhreagraAs the Deputy is aware, a Relationship Framework dated 8 July 2009 was in place at the time the Board of IBRC approved the sale of the company referred to in the question. Under this Relationship Framework, the Board of IBRC were required to engage with the Minister for Finance on certain key issues which included "any material acquisitions, disposals, investments, realisations or other transactions, other than in the ordinary course of Anglo Irish Bank's banking business." It should be noted that this Relationship Framework did not include any specific monetary thresholds which would trigger mandatory consultation with the Minister for Finance. It should also be noted, that at that time, the ordinary course of the Bank's business was to conduct an orderly run-down and ultimate liquidation of the Bank. As such, IBRC's efforts, as a secured lender, to maximise the recovery on its loans to the company referred to in the question was considered to be in the ordinary course of business. For that reason, and under the Relationship Framework in place at that time, IBRC were not required to consult with the Minister for Finance on this matter in advance of making the decision to approve the sale of the company referred to in the question.
Upon the receipt of critical representations following the transaction, Department of Finance officials inquired about the transaction with IBRC management as part of their regular engagement. Following initial discussions, they agreed with IBRC's Chairman and CEO that they would review the transaction involving the company referred to in the question in greater detail to better understand the decisions taken and the impact these decisions had on the process and the final recovery for the bank.
Through this review, Department of Finance officials were made aware of certain aspects of the transaction which raised concerns with the quality of some of the decisions taken in respect of this transaction, including, among others, that legal advisors to the company referred to in the question had also acted for the purchaser, that a payment had been paid to the shareholders of the company referred to in the question, that some of those shareholders were members of the Board of the company referred to in the question and that a significant proportion of those shareholders appeared to be clients of the financial advisor on the transaction to the company referred to in the question.
In light of these concerns, I subsequently met with IBRC's Chairman and CEO to discuss concerns regarding this transaction. The Chairman and CEO confirmed to me the legal advice was provided by two different teams within the law firm concerned and that appropriate Chinese walls were in place between the two teams. They also assured me that the payment to shareholders was necessary to ensure a vote in favour of the deal . They further assured me that the transaction had been thoroughly assessed by the IBRC Board and that the transaction was managed in the best manner possible to achieve the best result for the State.
68. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will provide details of the national economic dialogue he is planning to hold in June 2015; and if he will make a statement on the matter. [10602/15]
Amharc ar fhreagraOver the last few years, this Government has delivered wide-ranging reforms to the budgetary architecture that have enhanced how we manage the public finances. The reforms are informed by the core principle that a more open and transparent process, allowing for clearer accountability and oversight, supports the efficient use of public funds to deliver effective services for citizens.
Previously, I have outlined the key elements of the reforms undertaken, including the introduction of the Medium Term Expenditure Framework, with mult-iannual expenditure ceilings that provide clarity about the resources available to Departments over a three-year period and facilitate a more strategic approach to resource allocation. This framework supports a whole-of-year approach to the budgetary process as it facilitates consideration by the Oireachtas of the allocation of resources for the current year and also spending plans for the following years. We want to broaden the debate about where our resources should best be allocated and how to accommodate the many demands and pressures for increased resources.
Over the last number of years the anchor point of Ireland's fiscal policy has been to bring the general government deficit below 3 per cent of GDP. By the end of this year, we are set to achieve this target, and to leave the Excessive Deficit Procedure. Thereafter, Ireland will be subject to the requirements of the preventive arm of the Stability and Growth Pact. In this fiscal context, the Government is now considering options, including a Spring Economic Statement and National Economic Dialogue, to further develop the whole-of-year budgetary cycle.
A National Economic Dialogue, held mid-year, could facilitate an open, transparent and inclusive societal debate about options for the allocation of public resources over the coming period. This would inform the work of Government and the Oireachtas in their considerations of the Budget later in the year.
69. Deputy Stephen S. Donnelly asked the Minister for Public Expenditure and Reform if he will provide data on all legislation enacted by his Department since March 2011 and the total number of amendments tabled by him. [10643/15]
Amharc ar fhreagraIn response to the Deputy's question I have introduced twenty pieces of legislation since the formation of my Department which include:
1. Ministers and Secretaries (Amendment) Act 2011
2. Appropriation Act 2011
3. Financial Emergency Measures in the Public Interest (Amendment) Act 2011
4. Statute Law Revision Act 2012
5. Public Service Pensions (Single Scheme and Other Provisions) Act 2012
6. Ombudsman (Amendment) Act 2012
7. Appropriation Act 2012
8. Houses of the Oireachtas Commission (Amendment) (No. 2) Act 2012
9. Houses of the Oireachtas Commission (Amendment) Act 2013#
10. National Lottery Act 2013
11. Financial Emergency Measures in the Public Interest Act 2013
12. Ministers and Secretaries (Amendment) Act 2013
13. Houses of the Oireachtas (Inquiries, Privilege and Procedures) Act 2013
14. Construction Contracts Act 2013
15. Appropriation Act 2013
16. Public Service Management (Recruitment and Appointments) Act 2004 (Amendment) Act 2013
17. Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014
18. Protected Disclosures Act 2014
19. Freedom of Information Act 2014
20. Appropriation Act 2014
21. Regulation of Lobbying Act 2015
As the total number of amendments tabled by me is not readily available by my Department and is involving a significant amount of time by a number of officials I am unable to provide this information in the time allowed. However I will forward the details directly to the Deputy before the end of this week.
70. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform if his attention has been drawn to the concerns of staff at Waterways Ireland and the staff of other all-Ireland bodies regarding the proposal to impose an additional pension contribution on them; and if he will make a statement on the matter. [10700/15]
Amharc ar fhreagraWaterways Ireland, like the other North South Implementation Bodies including Tourism Ireland, operates the North South Pension Scheme. It is useful to make clear that the North South Pension Scheme, which is modelled on the Northern Ireland Principal Civil Service Pension Scheme, was established to operate in both jurisdictions. As such this Scheme is unique in covering public service staff employed on both sides of the border.
As Minister for Public Expenditure and Reform, I am jointly responsible, along with the Northern Ireland Minister for Finance and Personnel, Mr Simon Hamilton, MLA, for approving the rules of the North South Pension Scheme, and any amendments which may be proposed to these rules. Review and reform of existing pension arrangements, including public service pension arrangements, has been an ongoing issue in both jurisdictions over recent times, although the details of how this is being done differ. In July 2013 it was agreed in principle to reform the North South Pension Scheme in line with reforms proposed for the Northern Ireland Principal Civil Service Pension Scheme.
In respect of the impact of these reforms on members based in this jurisdiction, including Waterways Ireland staff, my officials have engaged in extensive discussions with representative Trade Unions at the Labour Relations Commission. In September 2014 agreement was reached on an individual member option which uniquely allows those members an opportunity to choose whether they wish to remain in the reformed North South Pension Scheme (which will entail higher member contributions after 1 April 2015) or to opt to revert to Reserved Rights terms (which effectively allows them return to the public service pensions regime they had previously enjoyed).
71. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the fact that the Competition Authority failed to make a decision on the propriety of an acquisition (details supplied) within the statutory timeframe to commence a phase two investigation; the reason provided to his predecessor for this failure; and if he will make a statement on the matter. [10734/15]
Amharc ar fhreagraIn 2006, an administrative miscalculation of dates by the Competition Authority (“the Authority”) led to the Authority being one day outside the statutory deadline to make a determination about a proposed acquisition by Topaz Energy Group Limited of Statoil Ireland Limited. The details, which are outlined below, were set out at that time by the (then) Chair of the Authority to the (then) Minister for Enterprise, Trade and Employment. The Chair also subsequently appeared before the Joint Oireachtas Committee on Enterprise and Small Business on 25 October 2006 on this (and other) matters. Numerous measures were immediately put in place in the Authority to ensure the same thing would not be repeated. Since its establishment in 2002 as an independent statutory Agency, this has been the only merger whereby the Authority missed the statutory deadline to make a determination.
A notification was made to the Competition Authority on 12 July 2006 pursuant to Section 19 of the Competition Act 2002 (“the Act”). Under Section 21 (2) of the Act, the Authority had one month within which to make a determination. The Authority commenced its investigation and, on 11 August 2006, it requested further information from the parties as provided for in Section 20 (2) of the Act. The making of such a request had the effect of restarting the one month determination deadline from the date on which the information requested was furnished by the parties. Further information was supplied on 25 August 2006 thereby changing the one month deadline to 25 September 2006.
Following a further examination of all of the information received, the Authority advised the parties that it had competition concerns in relation to some specific aspects of the proposed acquisition. On 22 September 2006, Topaz furnished the Authority with proposals to address those concerns, a facility provided for in Section 20 (3) of the Act. Section 21 (4) of the Act provided that where proposals are submitted, the one month deadline is automatically increased to 45 days. It was at this point that the miscalculation occurred and 10 October 2006 was erroneously calculated as the new deadline rather than 9 October 2006. This happened as a result of the case team who were conducting the merger review adding 15 days to the one month deadline rather than recalculating 45 days from the revised start date of the investigation. The one month period (25 August to 25 September) had 31 days and so by adding 15 additional days, the new deadline was of 46 days duration rather than the statutory provision of 45 days. The issue came to light on 10 October 2006 and the Authority issued a press statement on the matter. After this event, the Authority continued to work with Topaz with a view to removing the competition concerns that had been raised during the comprehensive review of the merger.
72. Deputy Jack Wall asked the Minister for Jobs, Enterprise and Innovation his views on correspondence (details supplied) regarding the Construction Contracts Act 2013; the actions he will take regarding the matter; the progress being made; and if he will make a statement on the matter. [10622/15]
Amharc ar fhreagraThe Government is committed to the earliest possible implementation of the Construction Contracts Act, 2013 and, as a consequence, approved the delegation of responsibility for its implementation to my colleague, the Minister of State for Business and Employment, Mr. Gerald Nash T.D., last November. Work is continuing on the preparations for the full implementation of the Act, as the commencement of the Act is dependent on a number of factors set out in the legislation. These factors include the appointment of a Panel of Adjudicators by Minister Nash and the selection of the adjudicators for this Panel will be achieved through an open competitive process to be arranged by the Public Appointments Service, at the earliest opportunity. Minister Nash is also overseeing the preparation of a Code of Practice for the conduct of adjudications, which will be binding on all adjudicators operating under the Act. The drafting of the Code is at an advanced stage and will be finalised after consultations have concluded with the construction industry stakeholders. A specific date for implementation of the Act will be announced in advance once the necessary arrangements have been finalised, in order to provide sufficient notice to those affected by the Act's provisions.
73. Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation if he will provide data on all legislation enacted by his Department since March 2011 and the total number of amendments tabled by him. [10641/15]
Amharc ar fhreagraThe following legislation was enacted by my Department since March 2011.
1 January – 31 December 2012
|
Title of Legislation |
Total number of amendments tabled |
|
Competition (Amendment) Act 2012 |
16 |
|
Companies (Amendment) Act 2012 |
0 |
|
Industrial Relations (Amendment) Act 2012 |
49 |
|
Protection of Employees (Temporary Agency Work) Act 2012 |
33 |
|
Patents (Amendment) Act 2012 |
1 |
|
Microenterprise Loan Fund Act 2012 |
0 |
1 January – 31 December 2013
|
Title of Legislation |
Total number of amendments tabled |
|
Companies (Miscellaneous Provisions) Act 2013 |
14 |
|
Industrial Development (Science Foundation Ireland) (Amendment) Act 2013 |
0 |
|
European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Act 2013 |
0 |
1 January – 31 December 2014
|
Title of Legislation |
Total number of amendments tabled |
|
Companies Act 2014 |
738 |
|
Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014 |
4 |
|
Competition and Consumer Protection Act 2014 |
96 |
|
Employment Permits (Amendment) Act 2014 |
247 |
|
Intellectual Property (Miscellaneous Provisions) Act 2014 |
12 |
|
Industrial Development (Forfás Dissolution) Act 2014 |
8 |
|
County Enterprise Boards (Dissolution) Act, 2014 |
4 |
74. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his plans to raise or eliminate the limit on off-farm income of €40,000 for access by young farmers to the national reserve; and if he will make a statement on the matter. [10591/15]
Amharc ar fhreagraThe process of deciding objective criteria for the National Reserve is carried out in consultation with the Direct Payments Advisory Committee which includes members of the main farming bodies and advisory services. After consultation with this Committee in recent months and in the context of the limited funding available to the National Reserve, it was decided that an off-farm income limit of €40,000 would be applied to all applicants. The corresponding off-farm income limit under the previous National Reserve was €30,000. Applicants under the 2015 National Reserve also have the flexibility of choosing either the 2013 or 2014 tax year, whichever is more advantageous.
Applicants must comply with all eligibility criteria including off farm income criteria in order to be deemed eligible to qualify for an allocation of entitlements under the National Reserve. By increasing the off-farm income limit and granting a choice of reference years, I have granted the maximum possible flexibility regarding income limits for the National Reserve.
75. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when a payment under the disadvantaged areas scheme and the agri-environment options scheme will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [10603/15]
Amharc ar fhreagraA review of the land parcels declared by the person named under the 2013 Single Payment Scheme /Disadvantaged Areas Scheme revealed that several of the land parcels declared by the person named contained ineligible features. Following the review of my Department’s decision, sought by the person named, a visit by a Department official to verify the position on the ground is necessary. The person named will be advised, in writing, of the findings of the verification visit as soon as possible following the visit and their application updated accordingly.
Processing of the 2014 Disadvantaged Areas Scheme application submitted by the person named has recently been completed with payment due to issue directly to the nominated bank account of the applicant shortly.
The person named was approved for participation in the 2012 Agri-Environment Options Scheme (AEOS 3) with effect from 1 May 2013 and payment has issued in respect of the 2013 Scheme years. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. The application of the person named was also selected for an on-farm inspection, during which non-compliances in relation to the Good Agricultural and Environmental Conditions (GAEC) were found, which resulted in a penalty being incurred. Officials are currently processing the application on the basis of the inspection findings and 75% payment in respect of the 2014 Scheme year, less the penalty, will issue shortly. The balancing 25% payment will follow thereafter.
76. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine his plans to address and clarify a matter in the interest of transparency and accountability in the case of a person (details supplied) in County Westmeath; if he will address the issues, one to four; and if he will make a statement on the matter. [10612/15]
Amharc ar fhreagraI have arranged for an official of my Department to make direct contact with the legal representative of the persons concerned with a view to addressing the issues raised in the correspondence in question.
77. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine his views on including funding under the new farm safety scheme for the installation of a road underpass in view of the large number of farmers who have land holdings on either side of busy roads; his views that this presents a clear safety hazard to both farmers and road users alike; and if he will make a statement on the matter. [10620/15]
Amharc ar fhreagraA wide range of investment items, including investments in Dairy Farms and measures to enhance safety on farms, are proposed for inclusion in the new TAMS Schemes under the Rural Development Plan 2014-2020. However, there are no plans at present to include road underpasses in the new farm safety scheme, which forms part of the proposed suite of TAMS schemes.
78. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine if he will provide data on all legislation enacted by his Department since March 2011; and the total number of amendments tabled by him. [10631/15]
Amharc ar fhreagraSince this Government took office my Department has published four Bills:
- Veterinary Practice (Amendment) Bill (28 July 2011)
- Animal Health and Welfare Bill (25 April 2012)
- Forestry Bill (24 April 2013)
- Johnstown Castle Agricultural College (Amendment) Bill (15 May 2014)
79. Deputy John Browne asked the Minister for Agriculture, Food and the Marine when a sheep grazing grant will be approved in respect of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [10653/15]
Amharc ar fhreagraAn application under the 2014 Grassland Sheep Scheme was received from the person named on 22 May 2014. Payment has not issued to the person named as the holding concerned has not satisfied the Scheme minimum eligibility requirements namely, the submission of the annual sheep census form prior to the extended closing date of 14 February 2014. The person named applied unsuccessfully for the late acceptance of the form on the grounds of force majeure. The person named has been advised of the option to submit an appeal to the Agricultural Appeals Office should he so wish.
80. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he will provide the estimated cost of the super levy fine on Ireland for 2015; the steps taken by him to have this reduced; and if he will make a statement on the matter. [10664/15]
Amharc ar fhreagra81. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine considering the likely decision of the Commission to spread the super levy fine over an extended period, 2015 to 2017, for milk suppliers, combined with European Union regulations insisting on each member state paying the super levy fine in full by 30 November 2015, if his Department has a scheme in place to proceed for this deferral; the way he will deal with the upfront payment, which will crystallise this year; and if he will make a statement on the matter. [10665/15]
Amharc ar fhreagraI propose to take Questions Nos. 80 and 81 together.
The end of January 2015 milk quota position, which is the latest currently available, shows that Ireland is an estimated 5.47% over quota, when account is taken of the butterfat content of the milk deliveries. This figure continues a downward trend in the over-quota position, coming down from 7.15% in October to the current position. While this downward trend is welcome, it is still very high and if it were to remain at this level to the end of March, Ireland would incur a super levy penalty in the region of €88m. Each 1% over quota attracts a penalty of about €16m.
As the Deputy is aware I have, on numerous occasions, called on the Commission to take action to mitigate the impact of super levy fines, primarily via utilisation of an adjustment to the butterfat coefficient, as this would not have required an amendment to existing regulations. Unfortunately , there was no realistic prospect of any movement on the super-levy or on the butterfat adjustment given the level of opposition of MS who did not share our views on this matter.
The Commission has, however, in recent weeks, come forward with a proposal aimed at introducing an instalment facility for farmers who are facing a super levy liability. This proposal was approved at the Management Committee today Wednesday, 11 March and Ireland voted in favour of the proposal. My officials are working out the practicalities of implementing this scheme now that it has been approved at EU level.
82. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a penalty for overgrazed land in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [10685/15]
Amharc ar fhreagraThe person named commenced REPS 4 in June 2009 and received payments for the first five years of their contract.
REPS 4 is a measure under the 2007-2013 Rural Development Programme and is subject to EU regulations which require detailed administrative checks on all applications to be completed before any payments can issue. Following an on-farm inspection in August 2014 , issues were identified in relation to the overgrazing of commonage lands, amongst other things, which formed part of the REPS plan of the person named, resulting in the application of a 100% penalty for non-compliance with the requirements of the Commonage Framework Plan. The person named has the right to seek a review of this decision to the Regional Inspector and/or to Agricultural Appeals Office.
83. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine if he will review an appeal in respect of a person (details supplied) in County Westmeath. [10706/15]
Amharc ar fhreagraThe person named was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from 1 September 2010 and payment has issued in respect of the 2010, 2011, and 2012 Scheme years.
Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. The application of the person named was also selected for an on-farm inspection, during which non-compliances in relation to the Tree Planting option were noted, which resulted in the termination of the application. The person named successfully appealed this decision. The 75% payment in respect of the 2014 Scheme year, will issue shortly. The balancing 25% payment will follow thereafter.
84. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway has not received a payment under the single payment scheme for 2014; and if he will make a statement on the matter. [10749/15]
Amharc ar fhreagraAn application under the 2014 Single Farm Payment Scheme was received from the person named on 14 May 2014. Processing of this application has recently been finalised and payment will issue to the nominated bank account of the person named shortly.
85. Deputy Stephen S. Donnelly asked the Minister for Defence if he will provide data on all legislation enacted by his Department since March 2011 and the total number of amendments tabled by him. [10635/15]
Amharc ar fhreagraThe legislation enacted during the period in question is as follows: Defence (Amendment) Act 2011; Civil Defence Act 2012; Defence Forces (Second World War Amnesty and Immunity) Act 2013.
It has not been possible in the time available to compile the information requested by the Deputy in relation to the total number of amendments tabled by the Minister for Defence for each of the above-named Acts. The information will be forwarded to the Deputy as soon as possible.
86. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [10618/15]
Amharc ar fhreagraIf the person concerned has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications for so long as they remain in the protection process. The position in this regard is in accordance with Section 19 of the Refugee Act 1996 (as amended) which provides for the protection of the identity of asylum applicants.
Protection applicants are issued with a temporary residence permission pending a final decision on their application.
87. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if she will provide data on all legislation enacted by her Department since March 2011 and the total number of amendments tabled by her. [10642/15]
Amharc ar fhreagraPlease find in the following table all the legislation enacted by this Department since March 2011:
|
Year |
Legislation |
|
2015 |
Garda Síochána (Amendment) Act 2015 |
|
2014 |
Fines (Payment and Recovery) Act 2014 |
|
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 |
|
|
Court of Appeal Act 2014 |
|
|
Irish Human Rights and Equality Commission Act 2014 |
|
|
2013 |
Criminal Law (Human Trafficking) (Amendment) Act 2013 |
|
Criminal Justice Act 2013 |
|
|
Prison Development (Confirmation of Resolutions) Act 2013 |
|
|
Land and Conveyancing Law Reform Act 2013 |
|
|
Courts and Civil Law (Miscellaneous Provisions) Act 2013 |
|
|
Thirty-third Amendment of the Constitution (Court of Appeal) Act 2013 |
|
|
2012 |
Jurisdiction of Courts and Enforcement of Judgements (Amendment) Act 2012 |
|
Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012 |
|
|
Criminal Justice (Search Warrants) Act 2012 |
|
|
European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012 |
|
|
Europol Act 2012 |
|
|
National Vetting Bureau (Children and Vulnerable Persons) Act 2012 |
|
|
Personal Insolvency Act 2012 |
|
|
Equal Status (Amendment) Act 2012 |
|
|
2011 |
Civil Law (Miscellaneous Provisions) Act 2011 |
|
Criminal Justice (Community Service) (Amendment) (No. 2) Act 2011 |
|
|
Criminal Justice Act 2011 |
|
|
Criminal Law (Defence and the Dwelling) Act 2011 |
|
|
Twenty –Ninth Amendment of the Constitution (Judges’ Remuneration) Act 2011 |
|
|
Property Services (Regulation) Act 2011 |
I wish to advise the Deputy that it is not possible to provide details for the total number of amendments tabled in the time available for reply. I will forward the information to the Deputy as soon as it is to hand.
88. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of learner permit holders that have been charged since the new law came into effect on 8 December 2014 making it a penalty point offence to drive unaccompanied or without L plates displayed; the number that were charged for both offences at the one time and the number of those that were issued with a fixed penalty notice for both offences, which would result in two points for each offence; the number that were only issued with a fixed penalty notice for just driving unaccompanied, even though they also failed to display L plates at the time; the number that have paid their fixed penalty notice to date; and the number that have been summonsed to court for failing to pay. [10736/15]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the matters referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
89. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of mobile phones seized from each prison in the years 2013, 2014 and to date in 2015. [10744/15]
Amharc ar fhreagraI can advise the Deputy that the number of mobile phones seized from each prison in 2013, 2014 and to 8 February 2015 are set out in the following table:
Mobile Phone Seizures 2013, 2014 and 2015 ( to 8 February 2015)
|
Prison/Place of Detention |
2013 |
2014 |
2015 (to 8 February) |
|
Arbour Hill |
1 |
0 |
0 |
|
Castlerea |
43 |
38 |
6 |
|
Cloverhill |
30 |
50 |
3 |
|
Cork |
8 |
3 |
0 |
|
Dóchas Centre |
1 |
6 |
1 |
|
Limerick |
55 |
18 |
2 |
|
Loughan House |
52 |
66 |
12 |
|
Midlands |
114 |
59 |
10 |
|
Mountjoy (Male) |
238 |
223 |
45 |
|
Portlaoise |
11 |
52 |
3 |
|
Shelton Abbey |
19 |
5 |
3 |
|
St. Patrick's |
119 |
109 |
10 |
|
Training Unit |
92 |
55 |
1 |
|
Wheatfield |
22 |
44 |
0 |
|
Total |
805 |
728 |
96 |
90. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the annual cost of the computer system for the Courts Service for each year since 2011; the improvements and changes made in hardware or software for each of those years; the purpose of such changes; her plans for future investment; the purpose and timeframe for same; and if she will make a statement on the matter. [10746/15]
Amharc ar fhreagraI wish to inform the Deputy that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.
In order to be of assistance to the Deputy, I have had enquiries made and the following table sets out the annual cost for managing, maintaining, supporting and developing ICT systems and telecommunications in the Courts Service for the period requested.
|
Year |
ICT Expenditure |
|
2011 |
€7,596,019 |
|
2012 |
€6,509,120 |
|
2013 |
€6,867,556 |
|
2014 |
€6,803,017 |
The Courts Service has made extensive changes and improvements to their ICT systems during this period. It has also planned for further enhancements in the coming years. I have therefore asked the Courts Service to write directly to the Deputy with this information and with details of their future plans.
