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Tuesday, 17 Nov 2015

Written Answers Nos. 200-225

Central Bank of Ireland Staff

Ceisteanna (200)

Michael McGrath

Ceist:

200. Deputy Michael McGrath asked the Minister for Finance the vacancy rate in the Central Bank of Ireland's enforcement division; the number of these vacancies that relate to regulation of insurance firms; and if he will make a statement on the matter. [40172/15]

Amharc ar fhreagra

Freagraí scríofa

The Central Bank has informed me that the current vacancy rate within the Enforcement Division is 6.3%. However, staff posts within that Division are not allocated exclusively to one particular industry sector, such as insurance.  Accordingly, it would not be feasible to identify the number of vacancies that relate exclusively to the insurance sector.

Central Bank of Ireland Staff

Ceisteanna (201)

Michael McGrath

Ceist:

201. Deputy Michael McGrath asked the Minister for Finance the number of staff employed in the Central Bank of Ireland's enforcement division; the number of these that relate to regulation of insurance firms; and if he will make a statement on the matter. [40173/15]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Central Bank that the Enforcement Division of the Central Bank currently has a staff complement of 57 full-time employees. The Enforcement Division is multi-disciplinary and uses a wide range of powers to investigate cases across the financial services sector. The allocation of staff within the Division to cases will depend on the requirements for each case. Staff within the Division are not allocated exclusively to one particular industry sector, such as insurance.

Banks Recapitalisation

Ceisteanna (202)

Micheál Martin

Ceist:

202. Deputy Micheál Martin asked the Minister for Finance his views on the Government decision announced in Dáil Éireann on 31 March 2011 in relation to bondholders; and if he will make a statement on the matter. [32843/15]

Amharc ar fhreagra

Freagraí scríofa

As I outlined in my evidence to the Oireachtas Banking Inquiry the issue of burden-sharing with senior bondholders in IBRC was seriously considered in advance of my statement on banking matters on 31 March 2011. There was €3.7 billion of unsecured unguaranteed senior debt remaining in Anglo and INBS at that time and the Government strongly pushed for appropriate burden-sharing for these bondholders, conditional on the support of the ECB.

In advance of my statement on banking matters on 31 March 2011, I had explicitly sought ECB support for this proposal and despite our best efforts it was made clear to us that the ECB would not support any attempt to burden-share with senior bondholders in those institutions. Weighing up the potential savings of €3.7 billion that would potentially accrue to IBRC against the immediate and devastating impact of withdrawal of ECB support on Ireland, the Government took the decision not to proceed with the burden-sharing with senior bondholders at that time.

Banks Recapitalisation

Ceisteanna (203)

Micheál Martin

Ceist:

203. Deputy Micheál Martin asked the Minister for Finance his views regarding the telephone call he received from the President of the European Central Bank, Mr. Jean Claude Trichet, in relation to burning the senior bondholders, when he stated that a bomb would go off if that announcement was made; and if he will make a statement on the matter. [32844/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, I have previously addressed this issue comprehensively during my appearance before the Joint Oireachtas Committee of Inquiry into the Banking Crisis (the Inquiry).

My position on burden sharing with senior bondholders is consistent. I thought that we should burden share with senior bondholders of Anglo and INBS, but that we should do so only with the consent of the European Central Bank (ECB). That position was set out in the programme for Government.

The decision to recapitalise and nationalise Anglo Irish Bank and Irish Nationwide was taken by the previous Government and €34.7 billion had been injected into these banks in 2009 and 2010. These entities were merged in July 2011 to become the Irish Bank Resolution Corporation (IBRC) but I will refer to them as IBRC for convenience.  IBRC was at that time reliant on some €41 billion in emergency liquidity assistance, known as ELA, from the Central Bank and a revised restructuring plan for IBRC submitted by the previous Government in January 2011 assumed a funding strategy of €50 billion. In the absence of any alternative funding model from the ECB it was essential that the merged institutions retained its banking licence and access to ELA. As such, maintaining Central Bank funding to support the wind-down of IBRC was the most prudent approach to protect the taxpayer. Various alternative sources of long term funding were explored but did not prove possible. It was only when a long-term viable solution for the promissory notes was found and the system more generally had stabilised, that we decided to liquidate the bank.

In line with Government policy the issue of burden sharing with IBRC was considered after we took office in March 2011. There was €3.7 billion of unsecured unguaranteed senior debt in Anglo and INBC in early 2011. As IBRC was different from the other banks, the Government pushed for burden sharing for these bondholders, conditional on the support of the ECB.

At the Government meeting of 29 March 2011, the Government agreed to proposals I presented in relation to bank restructuring. I was given the authority to consult with the European authorities, and particularly with the ECB to see if I could get their consent for the restructuring plan and for burden sharing in particular. This decision has already been read into the record of the Inquiry, and included as point 4 and point 5 the following:

"(4) agree that measures should be taken in agreement with the EU-IMF-ECB to mitigate the costs of further recapitalisation of the banks and this should be announced. Such measures would include burden sharing, private investment and asset sales and would have regard to the particular position of each institution and, therefore, the mix and measures available will vary between institutions.

"(5) agree that discussions will be required at a senior level with the external authorities, with a view to securing agreement to this approach, and in particular that the timing of any recapitalisation would allow for arrangements to be made in this regard. Indicatively at least, some recapitalisation measures may be required to be delayed until June".

I announced the measures taken on foot of this Government decision in an address to the Dáil on the 31st of March 2011.

The calls that your question refers to took place earlier on the day of that announcement, and were triggered by ECB concerns. My recollection is that there were two calls from Mr. Trichet, then president of the ECB, on this date. On one of these calls, the second to my recollection, Mr. Trichet made the statement referred to in your question, that if the proposed burden sharing was implemented that a bomb would go off, not here (Frankfurt), but in Dublin.

I informed Mr Trichet at that time, that it was indeed our intention to burden share with the  senior unguaranteed bondholders of Anglo Irish Bank and INBS. Mr Trichet expressed his concern at the proposal to burden share, pointing out that this would in effect be treated as a default by the markets. As I outlined to the Inquiry, I was concerned  because ELA can't be given to a bank that defaults and this would have resulting implications for access to Emergency Liquidity Assistance (ELA) by the Irish banks, particularly Anglo Irish Bank which was underpinned by approximately €41 billion of ELA at the time (ELA cannot be given to banks in default).

Mr. Trichet also suggested that the burning of the senior unguaranteed bondholders would have a negative impact on the financial services industry in Ireland and  that it could cause difficulty for financial services companies to finance themselves on the market if they were located in a country in default. These were significant issues. 

Weighing up the potential savings of €3.7 billion that would accrue to IBRC against the immediate and devastating impact of withdrawal of ECB support on Ireland, and the potential negative impact on the financial services sector I decided not to proceed with announcement of burden sharing with senior bondholders as  the risk was too high for the amount of gain that was involved.

However, it is not true to say that bondholders weren't discounted in the bail-in. We brought burden-sharing in for subordinate bondholders (junior bondholders) and we took over €5 billion out of that. The late Brian Lenihan had also previously bailed-in some junior debt. The total discounting from junior bondholders over the period was about €15 billion.  Junior bondholders were very heavily discounted. Senior bondholders weren't, for the reasons I have already set out.

Corporation Tax

Ceisteanna (204)

Micheál Martin

Ceist:

204. Deputy Micheál Martin asked the Minister for Finance his views on Ireland's corporation tax; and if he will make a statement on the matter. [35263/15]

Amharc ar fhreagra

Freagraí scríofa

At 12.5%, Ireland has one of the most competitive headline corporate tax rates in the OECD.  This rate is applied to a broad base a policy which is endorsed by the likes of the OECD as it is good for growth in our economy.

Our competitive rate of corporation tax has been an important part of our industrial policy since the 1950s, and has attracted real and substantive operations to Ireland since then.

Last year the Department of Finance published the Economic Impact Assessment of Ireland's Corporation Tax Policy.  This contained the results of extensive research which was carried out and commissioned by the Department of Finance in 2014 which sought to quantify the effect of corporation tax policy on the Irish economy.

As part of this project, an independent organisation, the ESRI, were commissioned to carry out a study into the impact that the corporation tax rate has on the decision of firms to invest in Ireland.  This independent research found if the rate had been higher over the period of their sample then the number of new foreign investments into Ireland would have been lower.

Ireland is a leader in the areas of tax transparency and administrative cooperation, which are key to tackling the global problems of tax avoidance and aggressive tax planning.  The Global Forum on Transparency and Exchange of Information for Tax Purposes has rated Ireland as fully compliant with international best practice for the exchange of information, one of only 21 jurisdictions to get this top rating.  Most recently, we fully supported the European Commission's proposals to require the automatic exchange of information about tax rulings among Member States.

Ireland has not been and will never will be a brass-plate location.  We only have and want real substantive FDI, the kind that brings real jobs and investment into Ireland. 

In early October the OECD published the final reports on their project regarding Base Erosion and Profit Shifiting or BEPS.  I welcomed the publication of the final BEPS reports.  From the beginning, the key aim of the BEPS project has been to better align the right to tax with real economic substance and activity and, as such, the BEPS project is one which aligns with Ireland's own tax strategy.

Ireland has been a strong supporter of the BEPS project and I believe it is the best approach for dealing with aggressive tax planning. Ireland will now play an active part in the work to implement the BEPS recommendations globally.

The post-BEPS environment, which will see companies seek to better align the amount of tax that they pay with their substantive operations, will result in opportunities for Ireland.  The alignment of substance with a competitive rate of tax has long been the cornerstone of our corporation tax policy. 

The maintenance of the standard 12.5% rate of corporation tax is therefore extremely important for Ireland's economy.  Ireland, like other smaller member states, is geographically and historically a peripheral country in Europe.  A competitive corporate tax rate is a tool to address the economic limitations that come with being a peripheral country, as compared to larger core countries.  Ireland's 12.5% corporation tax rate plays an important role in attracting FDI to Ireland and thereby increasing employment here.

This evidence underpins the Irish Government's continued commitment to the 12.5% rate.

Budget Measures

Ceisteanna (205)

Pearse Doherty

Ceist:

205. Deputy Pearse Doherty asked the Minister for Finance the number of items in the Finance Bill 2015 or pending from previous years still awaiting European Union approval, such as under state aid regulations; and if he will make a statement on the matter. [40279/15]

Amharc ar fhreagra

Freagraí scríofa

Exemption from Stamp Duty (Section 70 Finance (No. 2) Act 2013)

Exemption from Stamp Duty on the transfer of shares of companies listed on the Enterprise Securities Market of the Irish Stock Exchange, remains subject to State Aid approval.  The proposed measure aims to encourage entrepreneurs and growing businesses to use public equity markets as a source of funding for growth and the creation of jobs. Discussions are on-going with the EU Commission.

Relief from stamp duty on agricultural leases (Section 74 Finance Act 2014)

It is proposed that this relief would apply to leases for a period of not less than 6 years and not more than 35 years. The land must be used exclusively for farming carried on by the lessee. The lessee who acquires the lease of the land must be either a farmer with an agricultural qualification or a farmer who spends not less than 50% of his or her normal working time farming on a commercial basis and with a view to the realisation of profits. This relief is subject to a Commencement Order pending State Aid approval by the European Commission.  Responsibility for discussions with the Commission in this regard lie with the Department of Agriculture, Food and the Marine.

Film relief (Section 15 of Finance Bill 2015, as initiated)

An amendment to the film relief scheme was announced in the recent Budget, to increase the cap on the amount of qualifying expenditure to €70 million. As the film relief scheme is a State Aid scheme, the approval of the European Commission is required before the change can be commenced.

Succession Farm Partnerships (Section 17 of Finance Bill 2015, as initiated)

A limited tax relief for Succession Farm Partnerships has been introduced in Budget 2016. This is a succession planning model that encourages older farmers to form partnerships with young trained farmers and to transfer ownership of the farm, within a specified period, to that young trained farmer. As this measure will require the approval of the European Commission, a commencement order has been included in the Finance Bill pending this approval.

Financial Services Sector

Ceisteanna (206)

Pearse Doherty

Ceist:

206. Deputy Pearse Doherty asked the Minister for Finance the number of Irish collective asset management vehicles established to date; and if he will make a statement on the matter. [40324/15]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the Irish Collective Asset-management Vehicle ('ICAV') Act 2015, the Central Bank of Ireland ('the Bank') is the registration body for ICAVs.  The Bank is also the authorisation body for alternative investment funds (AIFs) or undertakings for collective investment in transferable securities (UCITS). ICAVs must be registered as ICAVs and authorised as AIFs or UCITS before they are fully operational.

I have been advised by the Bank that, to date, it has registered 98 ICAVs and of these 45 have been authorised as AIFs or UCITS; 53 ICAVs have yet to be authorised as AIFs or UCITS.

Bank IT Systems

Ceisteanna (207)

Robert Dowds

Ceist:

207. Deputy Robert Dowds asked the Minister for Finance if he has instructed the Irish banks to upgrade their out-of-date information and technology infrastructure and systems since Bank of Ireland recently experienced difficulties in this regard. [40362/15]

Amharc ar fhreagra

Freagraí scríofa

Payment and securities settlement systems are essential to the efficient functioning of all modern economies and the Central Bank of Ireland is responsible for ensuring that payment systems and associated settlement systems are in place to meet the needs of all users.

The Central Bank has informed me that it has engaged extensively with the banks and the Banking and Payments Federation of Ireland regarding payments systems resilience since 2012 when there was a particular issue. This engagement has included, inter alia, IT and operational risk inspections, business continuity reviews, industry and firm specific risk assessments, third party reviews and close ongoing supervision. This has driven significant remediation effort in the banks.

Budget Measures

Ceisteanna (208)

Pearse Doherty

Ceist:

208. Deputy Pearse Doherty asked the Minister for Finance the expected fiscal space permissible in each of the next five years and cumulatively over this time; and the main factors that might cause these parameters to change. [40436/15]

Amharc ar fhreagra

Freagraí scríofa

Estimates of the gross and net fiscal space for the period 2016 to 2021 can be found in Tables A8 and A9 on pages C.50 and C.51 of the Budget 2016 book - http://www.budget.gov.ie/Budgets/2016/Documents/Economic%20and%20Fiscal%20Outlook%202016.pdf.

As the use of the available fiscal space for 2016 was set out in the Budget, I assume the Deputy is seeking information for the period from 2017 to 2021.  For the convenience of the Deputy the gross and net fiscal space for the period 2017 to 2021 is set out in the following table.

€ billions

2017

2018

2019

2020

2021

Total

Gross fiscal space

1.3

1.5

1.6

3.2

3.3

10.9

Net fiscal space

0.5

1.1

1.3

2.7

2.9

8.5

Table A9 shows the walk from gross fiscal space to net fiscal space. The former is simply the permitted fiscal space arising from applying the currently forecast benchmark growth rates to the projected expenditure aggregate for each year. These amounts are not final and are based on projections for the GDP deflators, reference rates and convergence margins for each of the relevant years as set out in Budget 2016 (see Table A.8). The actual GDP deflators, reference rates and convergence margins values used by the Commission to assess compliance with the rules each year beyond 2016 will be based on Commission estimates compiled in their Spring forecast, and in relation to the GDP deflator, the Autumn forecasts as well, each year.

A further source of variance arises from the fact that the various factors are applied to the general government expenditure outturn, excluding some items such as interest and the level of cyclical unemployment expenditure. With regard to cyclical unemployment, the Commission's estimates are based on their own data. Therefore, outturn variances from the levels forecast in Budget 2016, which is likely in the course of implementation and due to the allocation of fiscal space to expenditure, is another source of uncertainty, albeit with a relatively limited impact.

In the year after a Member State reaches its Medium Term Objective (MTO) set under the balanced budget fiscal rule, the convergence margin requirement under the expenditure benchmark ceases.  As outlined in Table 11 on page C.23 of the Budget 2016 book, my Department forecasts that Ireland will reach its MTO in 2019 and, as a result, the convergence margin would not be applied to the expenditure benchmark calculation from 2020 on. This leads to a significant increase in the projected fiscal space from 2020 onwards.  If the MTO is reached in 2018, then the convergence margin would cease to apply in 2019.

The net fiscal space is the additional room available beyond spending assumptions included in the Budget's baseline spending projections whilst still complying with the upper limit posed by the Expenditure Benchmark. Net fiscal space takes account of baseline expenditure projections as set out in Table 10 on page C.22 of the Budget book. These assumptions, which are set out in Table A9, include the annual cost of providing for demographic spending pressures together with a number of other anticipated elements such as the Public Capital Plan, the cost of the Lansdowne Road Agreement and a number of other calls on the Central Fund.  The annual cost of indexing the tax system at an annual full year cost of c. €400m per annum is included in the baseline tax revenue figures in Table 10. For illustrative purposes, the additional revenue generated from a political decision to not to proceed with indexation is included in the discretionary revenue measures set out in Table A9. Decisions on whether to proceed with indexation or introduce other tax measures each year will be a matter for decision by the government of the day.

On the basis of the above assumptions, gross fiscal space for 2017 to 2020 amounts to a cumulative €10.9 billion and net fiscal space amounts to a cumulative €8.5 billion.  Should taxpayers benefit from indexation of the tax system proceed as assumed in the revenue forecasts, then the net fiscal space would be reduced by c. €400 million in each relevant year.

Beyond the provisions set out above, the available amounts of net fiscal space could potentially be used by the government of the day to reduce debt, to fund tax reductions or to finance spending increases.

State Banking Sector

Ceisteanna (209)

Pearse Doherty

Ceist:

209. Deputy Pearse Doherty asked the Minister for Finance the income from dividends and other sources from the State’s holding in Allied Irish Banks and in other banks expected in 2016; and how the sale of shares in these banks might affect this income in 2016 and in further years. [40437/15]

Amharc ar fhreagra

Freagraí scríofa

In relation to AIB, the recently announced capital reorganisation is expected to generate proceeds via the redemption of preference shares and accrued interest, however these monies are expected to come through in 2015.  Next year the Contingent Capital Notes, or "CoCos", will mature and these will generate their full nominal value of €1.6 billion, plus a year's interest of €160 million.

With regards to any payment of dividends on Ordinary Shares from AIB, this is a matter for the Board and their regulator. However, following its capital reorganisation and with the bank back generating substantial profits, I believe it is reasonable to expect that AIB will be in a position to start paying a dividend to its shareholders next year. I cannot be specific about the exact timing and quantum of any dividends however given the fiduciary and regulatory obligations involved.

In relation to Bank of Ireland, the Deputy will be aware that our remaining investment in the bank is our 14% equity stake. Bank of Ireland has not returned to paying dividends. However several market commentators are suggesting that the bank may declare a dividend for the second half of 2016 with payment in 2017.

The third bank in which the State holds an equity stake is PTSB. As with AIB and Bank of Ireland, any future payment of dividends on Ordinary Shares is a matter for the Board of PTSB and their regulator, with due regard to the PTSB restructuring plan commitments. Once PTSB returns to sustainable profitability I believe it is reasonable to assume that the bank could start paying a dividend to shareholders, though I would not anticipate such a dividend in 2016.

As the Deputy will be aware, if the State were to sell some of its shares in any of the banks next year, it would surrender any subsequent dividend income related to those shares.

Stock Markets Regulation

Ceisteanna (210)

Michelle Mulherin

Ceist:

210. Deputy Michelle Mulherin asked the Minister for Finance if the practice of short-selling shares on the Irish Stock Market has resumed; if so, when; and if he will make a statement on the matter. [40446/15]

Amharc ar fhreagra

Freagraí scríofa

In 2008, Ireland, along with a number of European countries introduced a ban on the short-selling of stocks, following the Lehman's collapse. This temporary prohibition applied to the shares of banks admitted to trading on the regulated market operated by the Irish Stock Exchange the Main Securities Market.  The ban was removed from midnight on 30 December 2011.

In the aftermath of the short-selling ban, the EU Commission brought forward a legislative proposal aimed at, inter alia, overcoming the regulatory fragmentation arising from Member States' individual and varied restrictions and bans on short selling.

The Short Selling Regulation was adopted in November 2012. It introduces common EU transparency requirements and harmonises the powers that regulators may use in exceptional situations where there is a serious threat to financial stability. While the Regulation does not ban short selling, it introduces a disclosure regime and, in certain circumstances, provides regulators with powers to restrict or temporarily ban short selling. Statutory Instrument 340 of 2012 (as amended) implemented the Short Selling Regulation into Irish law. 

The Central Bank of Ireland is the national competent authority for the purpose of the Short Selling Regulations.  The Short Selling Regulations impose certain notification and disclosure obligations on legal or natural persons who hold net short positions in shares or sovereign debt or who hold uncovered positions in sovereign credit default swaps.  In this regard, position holders must register with the Central Bank details of significant net short positions in shares.

These details along with further information on the registration process can be found on the Central Bank website (see https://www.centralbank.ie/regulation/securities-markets/shortselling/Pages/Introduction.aspx).

VAT Rate Application

Ceisteanna (211)

Denis Naughten

Ceist:

211. Deputy Denis Naughten asked the Minister for Finance the reason for the difference in the value added tax registration threshold for the sale of services as against the sale of goods; if he will review this anomaly; and if he will make a statement on the matter. [40447/15]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Revenue Commissioners that the annual turnover threshold for VAT registration depends on the nature of the business carried on. In general, there are two thresholds: the goods threshold, which is currently €75,000, and the services threshold, which is €37,500. These thresholds were increased to their current values in the Finance Act 2008.

Different VAT registration thresholds for the supply of goods and services are a feature of the EU VAT Directive and Irish VAT legislation and reflect the profound difference between the two supplies; in general, the value added in relation to the supply of goods will be much smaller relative to turnover compared with a supply of services.

VAT Rate Application

Ceisteanna (212)

Pearse Doherty

Ceist:

212. Deputy Pearse Doherty asked the Minister for Finance how child care is treated for the purposes of value added tax, including the purchase of equipment required for special needs purposes by a private family and by a child care centre. [40470/15]

Amharc ar fhreagra

Freagraí scríofa

I have been advised by the Revenue Commissioners that childcare is exempt from VAT as it falls within the exempted activities outlined under paragraph 4 of Schedule 1 of the Value-Added Tax Consolidation Act 2010. The exemption applies to a wide range of commercial and community childcare services including crèche and Montessori centres, playschools and community childcare facilities.

The Deputy has not elaborated on what he terms equipment required for special needs purposes.  I would, however, point out that the zero rate of VAT applies to supplies of a range of medical equipment and appliances include invalid carriages (excluding mechanically propelled road vehicles), orthopedic appliances, deaf aids, walking frames and crutches.  In addition, the Value-Added Tax (Refund of Tax) (No. 15) Order, 1981, provides in certain circumstances for the refund of VAT on certain aids and appliances that are purchased for the exclusive use of a person with a disability of a type specified for the purposes of the Order.  I would point out that the goods to which the Order may apply must be used by a particular person.  This means that, in general, the Order does not provide relief to a childcare centre where the aids and appliances are for the benefit of the institution rather than being solely for the benefit of a particular person.

Greenhouse Gas Emissions

Ceisteanna (213)

Pearse Doherty

Ceist:

213. Deputy Pearse Doherty asked the Minister for Finance for details of his correspondence with a company (details supplied) regarding the emissions scandal, further to a previous inquiry from this Deputy; and if he will make a statement on the matter. [40499/15]

Amharc ar fhreagra

Freagraí scríofa

On 6 November I and my colleague the Minister for Transport, Tourism and Sport received a letter from Mr. Matthias Müller, the Chief Executive Officer of Volkswagen AG.

The letter refers to the recent discovery by the Volkswagen Group of discrepancies in the CO2 emissions contained on the type approvals of a number of vehicles produced by the Volkswagen Group.

The letter is not specific regarding the findings but suggests that there may be tax implications. In this regard, in the letter the Volkswagen Group has sought to accept responsibility for any shortfall of taxes resulting from the inaccurate CO2 emissions contained on the type approvals and has advised that it will be in contact with the tax authorities of countries affected with more detail on the discrepancies.

My officials are examining the contents of the letter which has also been forwarded to the Office of the Revenue Commissioners.

Fuel Quality

Ceisteanna (214)

John McGuinness

Ceist:

214. Deputy John McGuinness asked the Minister for Finance his plans to introduce certification or a qualification for public display in each petrol station that has been vetted by Customs and Excise for fuel quality, and has met the legal requirements, in order to inform the public; and if he will make a statement on the matter. [40538/15]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Revenue Commissioners that they are responsible for the collection of tax on motor fuels and have implemented a comprehensive strategy to address fuel fraud. This strategy, which includes a number of measures to secure the integrity of the fuel supply chain and the introduction of a new marker for rebated fuel, has been successful in tackling fuel fraud and this is reflected in tax revenues and feedback from the industry.  Revenue has no function in relation to fuel quality standards but will follow up complaints about fuel quality, which may indicate fuel fraud.

The Commissioners advise me that many suppliers have entered voluntarily into commercial quality assurance schemes and this is a welcome development from a consumer confidence perspective. Quality assurance in relation to motor fuel standards is a matter for fuel suppliers and the relevant consumer protection agencies and I have no plans to extend Revenue's responsibilities in this area.

Banking Operations

Ceisteanna (215)

Paul Murphy

Ceist:

215. Deputy Paul Murphy asked the Minister for Finance if he will instruct the Allied Irish Banks that, in view of the homeless and accommodation crisis, it should not evict sitting tenants from properties of which it takes possession, but that it should renew the leases of these tenants; his plans to instruct other banks to accept rent supplement in all cases, including in the case of persons (details supplied) in Dublin 13. [40547/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, I have no direct function in the relationship between banks and their customers, and intervention in specific cases would be inappropriate. The banks are run on an independent and commercial basis. Decisions taken by the banks are a matter for the board and management of the relevant institution. The Relationship Frameworks define the 'arm's length' nature of the relationship between the State and the banks in which the State has an investment. These Relationship Frameworks were published on 30 March 2012 and the AIB Relationship Framework can be found at: http://finance.gov.ie/sites/default/files/Allied-Irish-Banks1.pdf.

In relation to tenancy, AIB have informed me that where the Bank comes into possession of a property through the appointment of a receiver, there is a fiduciary obligation on the receiver to obtain the best return it can from the disposal of the asset. This is in order to minimise the outstanding obligations of the borrower. In order to achieve this the receiver may in some, but not all, circumstances require to seek vacant possession of the property. However, where this is the case I am informed that  the receivers utilised by AIB adhere to the minimum notice periods as set down by the Private Residential Tenancies Board (PRTB) for registered tenancies.

Tax Collection

Ceisteanna (216)

Alan Farrell

Ceist:

216. Deputy Alan Farrell asked the Minister for Finance the amount of revenue collected through capital acquisitions tax for each year since 2011, by county, in tabular form; and if he will make a statement on the matter. [40551/15]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Revenue Commissioners that data relating to the net receipts for Capital Acquisitions Tax (CAT) are available from the statistics webpage of the Revenue website at http://www.revenue.ie/en/about/statistics/index.html. In particular, in relation to the Deputy's Question, estimated geographical breakdowns of CAT receipts for the years 2011 to 2014 are available at http://www.revenue.ie/en/about/statistics/geographical-breakdown.pdf. The estimated breakdowns are calculated on the basis of Revenue's internal operational districts and thus some counties are grouped together. Future updates will be provided in due course.

NAMA Property Rental

Ceisteanna (217)

Seán Kyne

Ceist:

217. Deputy Seán Kyne asked the Minister for Finance the procedures followed to protect and respect the rights of tenants in properties which have come under the control of the National Asset Management Agency; and if there are procedures to secure the continuation of services, such as refuse collection. [40643/15]

Amharc ar fhreagra

Freagraí scríofa

NAMA does not own or manage properties and is not, in any instance, a landlord. NAMA has acquired loans. Its role in relation to properties is, like a bank, that of a secured lender. Other than properties that have been enforced, all of which are managed by the appointed receiver/administrator, properties continue to be managed by their original owners.

Therefore, it is NAMA debtors and receivers which are responsible for the efficient management of properties securing NAMA's loans. This includes all engagement with tenants. As a secured lender, NAMA expects its debtors and receivers to comply fully with the relevant contractual and statutory obligations, including all rights and protections afforded to residential tenants.

If the Deputy is aware of a specific issue or concern, he is free to raise this directly with NAMA through its dedicated email address for members of the Oireachtas, oir@nama.ie and I am advised that NAMA will, having checked with the relevant party in the event that the property does secure one of its loans, respond quickly.

Tax Exemptions

Ceisteanna (218)

Denis Naughten

Ceist:

218. Deputy Denis Naughten asked the Minister for Finance if he will ensure that the Revenue Commissioners include neurofeedback training as a refundable medical expense; and if he will make a statement on the matter. [40690/15]

Amharc ar fhreagra

Freagraí scríofa

Section 469 of the Taxes Consolidated Act 1997 provides for tax relief in respect of health expenses incurred in the provision of health care.

The section defines "health care" as the "prevention, diagnosis, alleviation or treatment of an ailment, injury, infirmity, defect or disability" and provides that "health expenses" includes certain costs incurred in the provision of health care including the services of a practitioner providing such health care.

The section defines a practitioner as "any person who is-

(a) registered in the register established under section 43 of the Medical Practitioners Act 2007,

(b) registered in the register established under section 26 of the Dentists Act, 1985, or

(c) in relation to health care provided outside the State, entitled under the laws of the country in which the care is provided to practice medicine or dentistry there".

Where an individual undergoes Neurofeedback Training provided by a practitioner as defined, for the purposes of health care, as defined, that individual may claim tax relief in respect of the expenditure incurred.

Further details in relation to relief for health expenses is set out in leaflet IT6 which is available on the Revenue website at http://www.revenue.ie/en/tax/it/leaflets/it6.html.

VAT Rate Reductions

Ceisteanna (219)

Shane Ross

Ceist:

219. Deputy Shane Ross asked the Minister for Finance his plans to amend the current rate of 13.5% value added tax charged on the carbon tax, which is effectively tantamount to a tax on a tax: his views that this is fair; and if he will make a statement on the matter. [40705/15]

Amharc ar fhreagra

Freagraí scríofa

The amount on which VAT is chargeable, in accordance with section 37(1) of the Value-Added Tax Consolidation Act 2010, is the total consideration receivable by the supplier, "including all taxes, commissions, costs and charges whatsoever" but not including the VAT itself.

VAT is governed by the EU VAT Directive, with which Irish VAT law must comply.  Article 78 of the VAT Directive provides that the taxable amount shall include "taxes, duties, levies and charges, excluding the VAT itself".

In this respect, where a supply of service, such as a gas bill, includes carbon tax, VAT law dictates that VAT should be calculated on the carbon tax element of the bill as well as the charge for the service.  The same situation applies in the case of other excises, including for example excises on petrol, auto-diesel, tobacco and alcohol products.

Guidance in relation to the VAT treatment of the total consideration receivable by a supplier is set out in the VAT Guide.  This publication is available on the Revenue website at www.revenue.ie.

Questions Nos. 220 to 222, inclusive, answered with Question No. 199.

National Monuments

Ceisteanna (223, 224, 225)

Timmy Dooley

Ceist:

223. Deputy Timmy Dooley asked the Minister for Public Expenditure and Reform if he is aware of protracted waiting times to visit Kilmainham Gaol; and if he will make a statement on the matter. [40109/15]

Amharc ar fhreagra

Timmy Dooley

Ceist:

224. Deputy Timmy Dooley asked the Minister for Public Expenditure and Reform if there will be extended opening times for Kilmainham Gaol in 2016; and if he will make a statement on the matter. [40110/15]

Amharc ar fhreagra

Timmy Dooley

Ceist:

225. Deputy Timmy Dooley asked the Minister for Public Expenditure and Reform if he is aware of any school being informed it is not possible to undertake a Kilmainham tour in 2016; and if he will make a statement on the matter. [40111/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 223 to 225, inclusive, together.

Kilmainham Gaol is a National Monument site in the care of the Office of Public Works and is, with almost 330,000 visitors last year, one of the most popular and heavily-visited tourist sites in Ireland.

The OPW's role at Kilmainham is to maintain and conserve the site as a National Monument. This is a statutory function under the various National Monuments Acts 1930 - 2004. Additionally, the OPW is tasked to present Kilmainham to the public through a dedicated onsite Guide Service, interpreting its 220 year history including its role in some of the key events in the formation of the State.

The Kilmainham site opens to the public on a fulltime basis 362 days per year. It attracts significant numbers of visitors both domestic and foreign, and has a strong profile as a prime site bookending the Dubline, the Fáilte Ireland-led tourism project aligned to the east/west city axis. This is the principal integrated "avenue" for tourism in Dublin and is the focus for significant Government investment aimed at developing tourism traffic along the Liffey artery towards a number of key iconic visitor sites (Trinity College, Temple Bar, Dublin Castle, Guinness Storehouse, Collins Barracks/National Museum, Royal Hospital/IMMA, etc).

At current levels and with its current model of visitor management, the Gaol building is at capacity and cannot sustain further large scale increases in visitors. All visitors enter through the historic Gaol entrance and, while this offers an authentic experience, it is very constrained and does not lend itself to dealing well with the volumes of people. There can be significant delays at the entrance on busy days and the site experiences congestion particularly during peak summer months. This is leading to a less than satisfactory visitor experience at some times. There are however significant limits to what can be changed in building terms within a National Monument. Usually it is not feasible to adapt the spaces to better accommodate visitors. In the case of Kilmainham it is clearly evident that a modern system of visitor management is needed externally in order to streamline the visitor flow, allow greater numbers to visit the site and offer better standards of comfort and convenience to members of the public.

The Government therefore decided that the former Kilmainham Sessions house, which occupies a site immediately next to the Gaol to the East, presents a unique opportunity to create additional capacity to deal with visitors to the Gaol in a modern purpose-adapted environment and to, as a consequence, allow for better management of more visitors to the site. This project is currently underway and will be opened to the public in March 2016 as one of the Government's key 2016 Commemorations projects.

Together with the new development, a number of additional measures will be introduced by the OPW to better manage visitor flows. Online booking will be introduced which will allow visitors to plan their trip in advance and avoid the uncertainty of queuing at the entrance, as happens currently. The Gaol will also open for extended hours, particularly during the busy summer months, thus creating more capacity for visitors at the site.

I am aware that, due to overcrowding, a number of groups have been disappointed in their efforts to visit the Gaol, including some school groups. The OPW operates a scheme whereby educational visits to its sites are offered free to schools and Kilmainham Gaol is one of the most popular destinations in this category. These groups are, - unlike the general individual visitors, - booked in advance and unfortunately, as a direct consequence of the huge popularity of the site, it can occur that all the available slots on a particular desired day are simply booked out. The OPW regrets such inconvenience. Unfortunately, School Tours seek to book at particular times of the year and, due to the excess demand, a number of applications may not be successful as the site can be full on the day in question.

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