Written Answers Nos. 77-85
77. Deputy Michael Ring asked the Minister for Finance the position regarding a joint investigation by the Revenue Commissioners and An Garda Síochána into a matter (details supplied); the assistance that will be made available to the persons affected; and if he will make a statement on the matter. [13712/15]
Amharc ar fhreagraI am advised by the Revenue Commissioners, who are responsible for tackling fuel fraud, that they are very aware of the risks posed to consumer's vehicles, legitimate businesses and the Exchequer by all forms of fuel fraud.
Revenue has, since last summer, received reports from a variety of locations around the country of problems relating to petrol quality, and suggestions that these problems are attributable to petrol stretching. Petrol stretching involves the illegal addition of a low tax commodity to petrol, and the motive of the criminals who engage in this activity is to profit from the sale of the adulterated petrol, thereby defrauding motorists and the State. Revenue has received 141 complaints to date, the majority of which originated in Revenue's Border Midland West Region.
Every filling station about which a complaint was made has been visited by Revenue enforcement officers and fuel samples taken from them have been sent for analysis by the State Laboratory. 345 samples of petrol from filling stations and other sources have been referred to the State Laboratory.
The scientific analysis required is complex and time-consuming and the State Laboratory has conducted an extensive series of tests and re-tests on the samples. Despite this extensive testing, evidence of the presence of prohibited stretching agents has been found in only two samples, both from one location. The conclusive results received from those tests have resulted in the seizure of the product, and files are being prepared with a view to prosecution.
Following a series of further tests conducted by the State Laboratory, results were received which indicate the presence of traces of road diesel in several samples taken from a variety of locations. This could indicate that petrol was contaminated with road diesel at some point in time. There is no rational economic reason or fraudulent incentive for anyone to mix normal road diesel with petrol. If the problems that have come to light were caused by unintended contamination as a result of diesel being inadvertently mixed with petrol at some point along the supply chain, there would be no Revenue offence involved. However, the Revenue Commissioners are investigating vigorously the possibility of tax fraud being associated with the identified problems. In any instances where the analysis of samples by the State Laboratory indicates the presence of illegal stretching agents in petrol, Revenue will take swift and robust action and pursue prosecutions against alleged offenders where possible. They have been working closely with An Garda Síochána on this matter, and will continue to do so.
I am also advised by Revenue that they continue to undertake an extensive programme of compliance and enforcement actions to ensure adherence to the legal requirements governing the supply and sale of mineral oil and to allow action to be taken against fraud. This involves, among other things, carrying out analysis of the monthly oil movement returns that oil traders are required to make, and of other supply chain data. In addition, Revenue officers conduct control or compliance visits to mineral oil traders, during which they examine transport and movement documentation and take samples of fuel for analysis.
I am satisfied that the Revenue Commissioners are taking all possible action to identify the problem and challenge any instances of identified fuel fraud, including, where possible, pursuing prosecutions against offenders.
78. Deputy Michael McGrath asked the Minister for Finance if his attention has been drawn to discussions between the Irish Bank Resolution Corporation and a family (details supplied), the way the interests of the taxpayers will be protected within such discussions; and if he will make a statement on the matter. [13790/15]
Amharc ar fhreagra79. Deputy Michael McGrath asked the Minister for Finance the implications of the legal proceedings being undertaken by a family (details supplied) in relation to the liquidation of the Irish Bank Resolution Corporation; its implications for the distribution of any surplus arising from the liquidation to the Exchequer; and if he will make a statement on the matter. [13791/15]
Amharc ar fhreagraI propose to take Questions Nos. 78 and 79 together.
As the Deputy is aware, the Special Liquidators of IBRC are unable to comment on individual cases. Furthermore, it would not be helpful or appropriate for me to comment on ongoing legal proceedings. Officials in my Department meet with the Special Liquidators on a regular basis as a matter of course and any material issue or development as part of the Special Liquidation are brought to the attention of my officials at these meetings. I am briefed by my Officials on all material matters discussed with the Special Liquidators. As you are aware, the Special Liquidators are obliged to ensure that the best possible outcome is achieved in the Special Liquidation, maximising the return to all remaining creditors of IBRC, including the State.
The Progress Update Report which was published last month and which is available on the Department of Finance website highlights that there are a number of key tasks left in the liquidation of IBRC, including the on-going management of over 700 legal cases to which IBRC (in Special Liquidation) remains party.
The completion of the creditor adjudication process is another key task for the Special Liquidators, who have published advertisements and written to those known creditors in order to finalise their claims in the liquidation. Creditors in the UK and Ireland had until 31st March 2015 to submit their claims and those creditors in the US have until 31st May 2015. Once all claims have been submitted, they will be reviewed in detail and adjudicated on by the Special Liquidators. In order to finalise this process, further information may be sought from some creditors in order to validate their claim.
Following the completion of this process, the Special Liquidators could be in a position to make an interim distribution to creditors later this year, however, it will be some time before the Special Liquidators will be in a position to advise on likely dividends payable, if any, to creditors (including the Exchequer) given:
1. the early stage in the creditor adjudication process;
2. the other contingent liabilities that may crystallise from litigation; and
3. the future receipts from the sale of the remaining assets.
The Special Liquidators are unable to comment at this stage both on the level of proceeds that will ultimately be generated from the liquidation and on the level of valid creditor claims that will ultimately be received in respect of the liquidation. It is the balance between the proceeds generated and level of valid claims that will ultimately determine the dividend to which each creditor may be entitled.
80. Deputy Finian McGrath asked the Minister for Finance the State body or authority that is responsible for supervision and enforcement of a lending institution's obligations under the Consumer Credit Act 1995, if it is a criminal summary offence for a regulated lending institution to fail or refuse to comply with this Act, specifically part 9 Section 129 Subsection 2 (details supplied); and if he will make a statement on the matter. [13823/15]
Amharc ar fhreagraThe Central Bank of Ireland is the appropriate authority on this matter. Section 12 of the Consumer Credit Act 1995 provides that a breach of section 129(2) of that Act is a criminal offence prosecutable summarily by the Central Bank. A breach of section 129(2) may also be capable of being pursued by way of the Administrative Sanctions Procedure.
The Central Bank has advised that where both the Administrative Sanctions Procedure and summary criminal prosecution are available, the Central Bank may decide to pursue prescribed contraventions through the Administrative Sanctions Procedure instead of bringing a summary prosecution. However, the Central Bank will consider the circumstances of each case on its merits and may decide to pursue matters which constitute both a prescribed contravention and a criminal offence via the criminal courts. In deciding whether or not to pursue criminal proceedings, the Central Bank will exercise its discretion, having regard to the Director of Public Prosecution's "Guidelines for Prosecutors".
81. Deputy Michael McGrath asked the Minister for Finance if he will provide an itemised breakdown, in relation to amounts over €100,000 of the €9.9 million in fees paid by the National Asset Management Agency to professional firms under the headings of legal fees and portfolio management fees in 2013; the name of the firm and/or person in question; the amount over €100,000 paid out to each firm and/or person; and if he will make a statement on the matter. [13827/15]
Amharc ar fhreagraA breakdown of the fees sought by the Deputy is set out below.
2013 Legal, advisory and consultancy fees
Legal, consulting and advisory fees as per the published accounts for 2013 and they include invoices paid to suppliers and the movement in expense accruals. Invoices paid in a year may relate to services incurred in other years. Invoices for professional services paid in 2013 but which relate to other years are included in the accrual movement.
|
Legal Fees €'000 |
Portfolio Management Fees €'000 |
Tax Fees €'000 |
Cross operational organisational project €'000 |
TOTAL €'000 |
|
|
Invoices paid |
7,160 |
5,373 |
874 |
99 |
13,506 |
|
Accrual movement |
(4,185) |
176 |
349 |
94 |
(3,566) |
|
TOTAL |
2,975 |
5,549 |
1,223 |
193 |
9,940 |
Breakdown of Legal & Portfolio Management suppliers with spend greater than €100k in 2013
The tables below detail invoices actually paid to suppliers during the financial year 2013
Legal invoices
|
Supplier Name |
Amount €'000 |
|
McCarter & English LLP |
835 |
|
Eversheds O'Donnell Sweeney |
683 |
|
McCann Fitzgerald |
634 |
|
Allen & Overy LLP |
571 |
|
Arthur Cox |
311 |
|
Beauchamps |
309 |
|
DLA Piper UK LLP |
183 |
|
Simmons and Simmons LLP |
138 |
|
Bayern LB |
113 |
|
Graf Von Westphalen |
110 |
|
Ronan Daly Jermyn Solicitors |
107 |
|
Litigation Payments |
1,791 |
|
Other Suppliers spend <€100k |
1,375 |
|
Total |
7,160 |
Litigation payments include a payment in relation to the settlement of High Court and Supreme Court costs in Dellway V NAMA, 20% of which was reimbursed in 2014.
Portfolio Management invoices
|
Supplier Name |
Amount €'000 |
|
Eastdil Secure LLC (Loan sales brokerage fee) |
1,109 |
|
Aon Risk Solutions |
774 |
|
Steven D. Hutton (Portfolio Management fee) |
340 |
|
Grant Thornton Corporate |
293 |
|
Salamanca Risk Management |
245 |
|
Forgo, Damjanovic & Partners Law Firm |
226 |
|
KPMG |
190 |
|
Strook & Strook (Portfolio Management fee) |
160 |
|
Colliers International Dublin |
124 |
|
Other Suppliers spend <€100K |
1,912 |
|
Total |
5,373 |
82. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which total national debt as a percentage of gross domestic product has fluctuated in each of the past five years and in 2015 to date; and if he will make a statement on the matter. [13843/15]
Amharc ar fhreagraThe debt for the period 2010-2015 can be outlined as follows:
|
2009 |
2010 |
2011 |
2012 |
2013 |
Q3 2014 |
2015f |
|
|
National debt (% GDP) |
44.7 |
56.7 |
69.6 |
79.7 |
99.5 |
97.0 |
n/a |
|
General government debt (% GDP) |
62.2 |
87.4 |
111.1 |
121.7 |
123.3 |
114.8 |
108.5 |
Source: CSO, Department of Finance, NTMA
Note 1: Quarter 3 2014 debt figures are the most recent official debt data published by the CSO.
Note 2: The 2015 forecast for GGD is included within Budget 2015 while the 2015 National debt will be published by the NTMA later this year but is available on their website as €182.75bn as at end-February 2015.
National debt is the net debt incurred by the Exchequer after taking account of cash and other financial assets while the general government debt (GGD) is a measure of the total gross consolidated debt of the state. The GGD is the measure used for comparative purposes throughout the EU when comparing debt figures and is therefore the more relevant figure.
It should be noted that the historical debt to GDP figures, as outlined, are available on the Central Statistics Office (CSO) website (www.cso.ie) and are updated when required. The Deputy should also be made aware that following the end-March 2015 EDP return updated figures will be made available by the CSO in mid-April for the period 2011-2014.
The next official forecasts will be published by my Department later this month.
83. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which the budget deficit as a percentage of gross domestic product has fluctuated in each of the past five years and in 2015 to date; and if he will make a statement on the matter. [13844/15]
Amharc ar fhreagraThe budget deficits for the period 2010-2015 can be outlined as follows:
|
2010 |
2011 |
2012 |
2013 |
2014f |
2015f |
|
|
Deficit (% GDP) |
-32.4 |
-12.6 |
-8.0 |
-5.7 |
-3.7 |
-2.7 |
|
Underlying Deficit (% GDP) |
-11.0 |
-8.6 |
-8.0 |
-5.7 |
-3.7 |
-2.7 |
Source: Eurostat, Department of Finance - forecasts as per Budget 2015.
The underlying general government deficit excludes the one-off capital injections made to the financial sector and is the more relevant measure since it is that used for comparison under the Excessive Deficit Procedure (EDP).
It should be noted that the historical general government deficit and GDP figures as outlined are available on the Central Statistics Office (CSO) website (www.cso.ie) and are updated when required. The Deputy should also be made aware that following the end-March 2015 EDP return, updated figures will be made available by the CSO in mid-April for the period 2011-2014. The first official results for 2015 will be published by the CSO as part of the quarter one government statistics in July 2015.
The next official forecasts will be published by my Department later this month.
84. Deputy Michael Ring asked the Minister for Public Expenditure and Reform if an engineer will visit a person (details supplied) in County Mayo regarding a bridge. [13652/15]
Amharc ar fhreagraThe bridge in question was constructed by the Office of Public Works (OPW) as part of the Corrib-Mask-Robe Arterial Drainage Scheme under the powers given to the Commissioners of Public Works in Ireland by the Arterial Drainage Act 1945. There was no requirement for any agreement to be signed by the relevant landowners, and the OPW is not aware of any signed agreement in this case.
While I understand that the person named by the Deputy is the owner of the lands on both sides of the bridge and should, de facto, be entitled to traverse the bridge, the local OPW engineer has agreed to meet with the landowner in question and discuss any queries which he might have. I have instructed my officials to write to your constituency office directly with contact details for the OPW engineer.
85. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the position regarding river flooding prevention plans at a location (details supplied) in County Kerry; and if he will make a statement on the matter. [13687/15]
Amharc ar fhreagraAs indicated in my reply to the Deputy's Question on 18th September 2014, a Feasibility Study to examine the options to address the flooding problem at the location referred to is being undertaken by the Office of Public Works.
The OPW is continuing to collect flow data for input to the Study. It has also carried out a hydrological assessment of the catchment and is building a computational model to assess the feasibility of the proposed solution. It is hoped that the Study will be completed this Summer.
