Written Answers Nos. 1 to 32
3. Deputy Joan Burton asked the Minister for Finance his views on the issues that have come to light arising from publication of the Panama papers, in particular the use by certain parties of tax havens as a means of avoiding paying tax; and if he will make a statement on the matter. [10831/16]
Amharc ar fhreagraA significant volume of information has recently come into the public domain relating to Panama. As is the case when any such information comes to their attention, it is a matter for the Revenue Commissioners to examine this information.
It would be a matter for the Revenue Commissioners to decide whether Irish tax has been avoided and, if so, whether the arrangements should be challenged either under specific sections in the tax code or by using the general anti-avoidance legislation. If it is found that the Irish tax base has been eroded, then action would be taken as appropriate. The Chairman of the Revenue Commissioners has assured me that Revenue will make the fullest possible use of any relevant information in pursuing any cases where it appears that tax liabilites have not been addressed. I have written to the Chairman assuring him of my support for any legislative measures that may be needed to tackle any issues which are identified by this work.
International tax evasion is a worldwide problem which can only be tackled effectively when countries work together. Ireland continues to support the OECD "Base Erosion and Profit Shifting" process and supports the work at EU level to increase fiscal transparency through initiatives like Country by Country Reporting to tax authorities. In this regard, I am delighted that Ireland was one of the first countries to legislate for Country by Country reporting in the most recent Finance Act.
The Panama Papers has also led to an increased focus on the beneficial ownership of companies. Ireland, along with the majority of EU Member States, has committed to a pilot project for the automatic exchange of information on the ultimate beneficial owners of companies. The G20 has also mandated the Global Forum on Transparency and Exchange of Information for Tax Purposes to make initial proposals by October 2016 on ways to improve the availability, and exchange, of information about the beneficial ownership of entities. As a member of the Global Forum, Ireland will be actively involved in this work.
Ireland is also working on transposing the latest Anti-Money Laundering Directive which includes a requirement for Member States to establish a register of beneficial owners. The Directive is currently being transposed by the Department of Justice and Equality with the assistance of my Department.
13. Deputy Thomas P. Broughan asked the Minister for Finance when he will make a presentation to Dáil Éireann on the establishment of a rainy day fund for Ireland; and if he will make a statement on the matter. [10201/16]
Amharc ar fhreagraOfficials in my Department are currently reviewing the content of the Programme for Government and, in this case, the matter of the establishment of a rainy day fund. This commitment forms part of the stated aim of this and the previous Government to maintain sound public finances.
In considering this commitment, my officials are examining the necessary key features of such a fund, including that the fund should:
- be resourced sustainably so as not to result in undue stress elsewhere in the public finances;
- be of a critical size so that it can actually have impact if ever deployed;
- have clear criteria to facilitate its deployment effectively when required;
- have a clear investment strategy so as to ensure the resources yield a return while they are held in the fund and that they are not placed at excessive levels of risk; and
- consider the fiscal rules and budgetary implications of the fund's establishment and potential deployment.
In considering the rainy day fund, my officials will also examine how it interacts with the existing Irish Strategic Investment Fund (ISIF) and its unique mandate to invest on a commercial basis earning an economic return while creating jobs and economic growth.
I will revert to the House when all of these matters have been properly examined and the proposal has been considered by Government.
14. Deputy Mary Lou McDonald asked the Minister for Finance the details of the quantum of the fund referred to in the commitment in the programme for Government to establish a rainy day fund; and the way in which it will operate. [10545/16]
Amharc ar fhreagraOfficials in my Department are currently reviewing the content of the Programme for Government and, in this case, the matter of the establishment of a rainy day fund. This commitment forms part of the stated aim of this and the previous Government to maintain sound public finances.
In considering the quantum of the rainy day fund, my officials are taking account of how the fund can be resourced sustainably so as not to result in undue stress elsewhere in the public finances and also that it is of sufficient critical size to have an impact if deployed. My officials will also consider the fiscal rules and budgetary implications of the fund's establishment in relation to the quantum of the fund.
The operations of the rainy day fund will also be part of my officials' consideration, including the need to have clear criteria to facilitate the Fund's deployment effectively when required, and the need to have a clear investment strategy so as to ensure the fund's resources yield a return while they are in the fund and that they are not placed at excessive levels of risk. Other issues for consideration by my officials will emerge as the work progresses.
I will revert to the House when all of these matters have been properly examined and the proposal has been considered by Government.
15. Deputy Clare Daly asked the Minister for Finance to clarify his statement to the Committee on Housing and Homelessness that it is true that the Real Estate Investments Trusts bought at the bottom of the market but the same buildings were available to everybody else given that in August 2014 a company (details supplied) bought 761 apartments from the National Asset Management Agency for €211 million, a price beyond the reach of most; and his views on the wisdom of the agency selling residential property in large lots that are, equally, beyond the reach of most, if not all, potential purchasers. [10473/16]
Amharc ar fhreagraI would clarify, for the Deputy, that my statement at the Housing and Homelessness Committee, was stating the fact that such sales, regardless of the ultimate purchaser, are conducted on the open market, thus allowing all interested parties to bid.
It should also be noted that it is a decision for NAMA, in line with its independent statutory commercial mandate, to determine the value maximising sales strategy for each of its assets. It is also NAMA's established policy to sell assets, be they individual units or property portfolios, on the open market. So, while a transaction such as the one referred to by the Deputy would, naturally, attract investors who wish to purchase a certain class of asset, this does not impact the capacity for similar market participants to bid for those assets.
I would also wish to refer the Deputy to the NAMA Chairman and CEO's appearance at the Housing and Homelessness Committee on 11th May 2016. NAMA's opening statements and presentation to the Committee are available on NAMA's website. During his opening statement, the NAMA Chairman pointed out that 88% (or 11,219) of the 12,781 residential property units sold from NAMA's portfolio were sold on the open market by NAMA debtors and receivers in individual sales transactions to individual house buyers.
The relatively small number of remaining units, 1,562 units, (12% of the total) were sold on the open market by NAMA debtors and receivers as part of larger group or portfolio sales. The properties that were sold in groups or portfolios were typically already tenanted and vacant possession was not sought prior to the sale.
I am advised by NAMA that the property referenced by the Deputy is in keeping with this trend as it was fully occupied by rental tenants at the time of the sale and vacant possession of the units was not sought. It is not surprising that the sale of these rental units would be attractive to institutional landlords rather than aspiring owner occupiers. Portfolios like this are generally acquired by investors, such as REITs, who are seeking long-term stable rental income rather than seeking to sell the properties in the short-term. Existing tenancy arrangements tend not to be impacted by such sales. Contrary to the Deputy's contention, a sale of these units on an individual basis to owner occupiers could be more likely to lead to the displacement of existing tenants.
With this in mind, I am firmly of the belief that REITs participation in Irish market is a positive step for many reasons. This is why I, through the Finance Act 2013, established the REIT framework which allows for modern collective investment ownership structure of real estate that provides benefits to both small and large real estate investors, provides benefits to the Irish property market and to the broader economy.
In particular, REITs support the rental sector through the professional management of both commercial and residential property. The long term return expectations of REIT investment capital ensures a proper focus on investment, enhancement, maintenance and efficiency of rental properties. Over the long term investment capital from REITs is expected to provide a greater and much improved stock of professionally managed rental accommodation in the Irish market ultimately contributing to greater security of supply and tenure for tenants.
16. Deputy Bernard J. Durkan asked the Minister for Finance if he is confident that the fundamental economic indicators remain positive and that economic growth will remain in line with expectations in 2016 and for the foreseeable future; if corrections or improvements are necessary to ensure economic performance in the short, medium and long term; and if he will make a statement on the matter. [10202/16]
Amharc ar fhreagraIn general, recent indicators have been very positive, indicating the economic recovery is strengthening in a sustainable manner. In the Stability Programme Update, published at the end of April, my Department forecast that the economy would grow by 4.9 per cent in 2016, by 3.9 per cent in 2017, and by 3.25 per cent on average over the remainder of the forecast horizon out to 2021.
Importantly, domestic demand made a strong positive contribution to growth in 2015 with consumption increasing by 3.5 per cent in 2015 and investment up by 28 per cent. This is crucial as domestic sectors are both jobs-rich and tax-rich. The external sector is also showing continuing signs of growth, with exports increasing by 13.8 per cent in 2015.
The economic recovery is also clearly evident in the labour market where we have now had thirteen successive quarters of employment growth. Last year, employment increased by 2.6 per cent, equivalent to 50,000 new jobs. The seasonally adjusted unemployment rate fell to 8.4 per cent in April, down from almost 10 per cent a year earlier. This is the lowest rate of unemployment since December 2008.
However, there are several sources of uncertainty. Weaker than expected trading partner growth would negatively impact on Irish growth through reduced exports. Growth in Emerging Market Economies disappointed in 2015, and while Ireland's direct trade exposure remains relatively small, we would be exposed to a more generalised slowdown in the world economy. Brexit is another downside risk facing the Irish economy with Ireland potentially more exposed than most to a UK exit.
Domestically, the high level of private debt, while falling, remains a concern, and any deterioration in the external environment could prompt households and firms to raise the pace of deleveraging, with adverse implications for domestic demand.
This uncertainty highlights the importance of prudent management of the public finances and of competitiveness-oriented policies that would help the Irish economy to weather any global economic downturn that may emerge.
In summary, I am confident that significant economic progress can be made in the years ahead. However, this is critically contingent upon implementing appropriate polices and that is what the Government intends to do.
17. Deputy Mattie McGrath asked the Minister for Finance the efforts to place the Central Bank's code of conduct on a statutory footing; and if he will make a statement on the matter. [10200/16]
Amharc ar fhreagraThe Central Bank's Code of Conduct on Mortgage Arrears (CCMA) provides a strong consumer protection framework to ensure that each borrower who is experiencing genuine difficulty in meeting the repayments on a mortgage secured on a primary home is treated in a timely, transparent and fair manner by lenders. The CCMA recognises that it is in the interests of borrowers and lenders to address financial difficulties as speedily, effectively and sympathetically as circumstances allow.
The CCMA applies to all regulated mortgage lenders operating in the State when dealing with borrowers facing, or in, arrears on a mortgage which is secured on a primary residence. Furthermore, the Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 now provides for the regulation of credit servicing firms and accordingly the CCMA also applies to such firms who are servicing primary home mortgages held by non-regulated entities. An addendum to the CCMA was published during 2015 to reflect this fact.
The CCMA was issued by the Central Bank pursuant to the provisions of Section 117 of the Central Bank Act 1989 and regulated entities are required to comply with the provisions of the Code as a matter of law. The CCMA is therefore issued under statute and, as stated by the Supreme Court, it forms part of the law. The Central Bank has the power to administer sanctions for a contravention of this Code, under Part IIIC of the Central Bank Act 1942.
As recognised by the Programme for Government it is important to keep the provisions of the Code, and indeed the wider statutory framework for the protection of consumers of financial services, under review to ensure they remain appropriate to the evolving position of the mortgage market. As the Deputy is aware the Code has already been reviewed and updated over time and the Government will continue to liaise and work with the Central Bank to ensure that the CCMA continues to be monitored and further updated as necessary in a way that is fair to the legitimate interests of debtors and creditors and, taking account also of appropriate wider public policy considerations, that sustainable solutions will be available to address genuine mortgage difficulty.
18. Deputy Clare Daly asked the Minister for Finance the number of residential property owners whose properties have been shown to have pyritic damage and who have received an exemption from local property tax since the regulations were changed under the Finance (Local Property Tax) (Amendment) Act 2015; and if he will make a statement on the matter. [10474/16]
Amharc ar fhreagraThe qualifying criteria in respect of exemption from Local Property Tax (LPT) for properties with 'significant pyritic damage' were modified by the Finance (Local Property Tax) (Amendment) Act 2015. The Act modified the qualifying criteria to include properties where:
1. a certificate of damage has been completed by a competent person as set down in the relevant Regulations or,
2. the property has been accepted into the pyrite remediation scheme operated by the Pyrite Resolution Board or,
3. an insurance company has remediated the property or provided sufficient funds to carry out the remediation or,
4. the person who built the property has remediated it or provided sufficient funds to carry put the remediation.
The relaxation of the certification requirement was one of the recommendations made by Dr. Don Thornhill in his review of the operation of the Local Property Tax on behalf of the Government in 2015. The changes are significant in that where a property has been included in the pyrite remediation scheme by the Pyrite Resolution Board (PRB) without testing, or a property has been remediated by a guarantee company or by a builder or developer or where a party is compensated in lieu of remediation, without testing, Revenue will now accept confirmation of remediation or compensation from the either the PRB or the relevant party for the purposes of exemption without testing or NSAI certification.
I am advised by Revenue that since the Finance (Local Property Tax) (Amendment) Act 2015 changed the LPT exemption criteria in respect of properties with significant pyritic damage, in excess of 1,300 cases have been identified that may now qualify for the relief.
Of these, 104 properties have already received the exemption while more than 500 property owners have been contacted by Revenue and are in the process of providing the necessary supporting documentation. Revenue expects to complete the reviews of the remaining 700 properties in the coming weeks and will make direct contact with property owners as required.
19. Deputy Thomas Byrne asked the Minister for Finance his plans to give effect to the commitment to bring forward a plan for the growth and development of the credit union sector; and if he will make a statement on the matter. [10518/16]
Amharc ar fhreagraCredit unions have a key role to play in providing access to credit and other important services in local communities throughout the country. As Minister for Finance I recognise this and have put in place a number of measures to ensure that credit unions can continue to provide these vital services to their members and to ensure the stability of the sector into the future. These measures include:
- the establishment of the Commission on Credit Unions;- the publication of the Credit Union and Co-operation with Overseas Regulators Act 2012;- the establishment of the Credit Union Restructuring Board ReBo;- the establishment of a stabilisation levy to support credit unions that are undercapitalised but are otherwise viable;- the availability of €250 million for voluntary restructuring of credit unions facilitated by ReBo; and- the availability of €250 million for resolution purposes.
These measures stemmed from recommendations made by the Commission on Credit Unions in its final Report and have been implemented over the last five years to acknowledge the increasing role for a strengthened and revitalised credit union sector, thus putting credit unions in a position to play an increasing role in the retail financial landscape of the future in this country.
Following on from this, in December 2015 I invited the Credit Union Advisory Committee (CUAC) to carry out a review of the Implementation of the Recommendations set out in the Report of the Commission on Credit Unions.
Work on the review has commenced. I have been informed that as part of the review the CUAC has had discussions with all credit union stakeholders to date. Those discussions will inform the final report, the findings of which, including any recommendations is expected to be presented to me as Minister for Finance by 30 June 2016 for publication thereafter.
The Government recognises the important role of credit unions as a volunteer co-operative movement in this country. The Government's priorities remain the protection of members' savings, the financial stability of credit unions and the sector overall and it is determined to support a strengthened and growing credit union movement.
20. Deputy Bernard J. Durkan asked the Minister for Finance how he will provide regulatory conditions in the case of unregulated third parties acquiring loan books from the banking sector, with particular reference to the need to protect borrowers who continue in their endeavours to meet their commitments to the best of their ability, given that the loosely regulated banking sector was a contributory factor in the economic downturn; and if he will make a statement on the matter. [10203/16]
Amharc ar fhreagraThe Deputy will be aware that the Consumer Protection (Regulation of Credit Servicing Firms) Act, 2015 was enacted on 8 July 2015. It was introduced to fill the consumer protection gap where loans were sold by the original lender to an unregulated firm. The 2015 Act introduced a regulatory regime for a new type of entity called a 'credit servicing firm'. Credit Servicing Firms are now subject to the provisions of Irish financial services law that apply to 'regulated financial service providers'. This ensures that relevant borrowers, whose loans are sold to third parties, maintain the same regulatory protections they had prior to the sale, including under the various statutory codes (such as the Consumer Protection Code, Code of Conduct on Mortgage Arrears, Code of Conduct for Business Lending to Small and Medium Enterprises and the Minimum Competency Code) issued by the Central Bank of Ireland and the Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Lending to Small and Medium-Sized Enterprises) Regulations 2015 which comes into operation on 1 July 2016.
The Code of Conduct for Mortgage Arrears provides protections for borrowers who endeavour to meet their commitments in relation to their mortgages and the 2015 Act ensures that these protections apply when a loan has been sold.
Our commitment on this issue is underlined by the Programme for a Partnership Government provides that "To reflect the growing public concern regarding credit servicing firms and other property firms we will ask the Central Bank and the Oireachtas Committee on Housing to examine the legislation introduced last year that ensured that borrowers, whose loans are sold to third parties, maintain the same regulatory protections they had prior to the sale. We will provide greater protection for mortgage holders and tenants and SMEs whose loans have been transferred to non-regulated entities ( vulture funds )." This is a Year 1 Action in the programme. The Government is very conscious of the difficulties faced by borrowers and the efforts that they are making to meet their commitments.
21. Deputy Pearse Doherty asked the Minister for Finance his views on the expected timeline as to when Irish variable mortgage rates will move in line with the European average, in view of the statement in the programme for Government regarding the Government’s intention to take all necessary action to tackle high variable rates. [10542/16]
Amharc ar fhreagraAs the Deputy is aware, the Programme for Government makes it clear that it is not ethically acceptable for Irish banks to charge excessive interest rates on standard variable rate customers. The Government has committed to take all necessary action to tackle high variable interest rates; including through establishing a new code of conduct for switching mortgage provider, administered by the Central Bank and the development of a new, easy-to-use standardised and dedicated switching form. We will also request the Competition and Consumer Protection Commission to work with the Central Bank to set out the options for the Government in terms of market structure, legislation and regulation to lower the cost of secured mortgage lending and improve the degree of competition and consumer protection. These are Year 1 Actions in the programme.
I do accept that variable rates remain above Euro area norms and I think that it clear that there is broad agreement in this House that we would like to see rates reduced. Central Bank research on the influences on standard Variable Mortgage Pricing in Ireland published last year identified three main reasons for higher rates in Ireland. First, the pricing of loans needs to reflect credit risks. In Ireland these risks are elevated due to high levels of non-performing loans and the lengthy and uncertain process around collateral recovery. Second, competition is weak. This is not unrelated to credit risks since high credit risk deters new players from entering the market. Third, bank profitability is still constrained by legacy issues. Profitability is essential to ensure banks build up adequate capital buffers to meet increasing regulatory requirements and to withstand future adverse shocks.
I think that it is fair to say that there have been considerable movements in the mortgage offerings of the Irish banks in the last twelve months since my meetings with the banks. As recently as last week, two banks made additional reductions to their mortgage offerings. There has also been media speculation on the entry of another new mortgage provider into the market and the additional competition should help to put further pressure on the existing banks to reduce their rates. This is a vivid illustration of the effectiveness of the Government's policy, that competition is the best way to put pressure on the banks to reduce rates.
22. Deputy Mick Wallace asked the Minister for Finance his plans to seek a break from the European Union regarding the fiscal rules in order to secure finance to address the emergency in housing and homelessness; and if he will make a statement on the matter. [10514/16]
Amharc ar fhreagraI do not intend to seek a break in the fiscal rules, which are designed to ensure stable public finances that underpin sustainable economic growth.
There are provisions in the fiscal rules that are designed to promote public investment. Within the expenditure benchmark pillar of the fiscal rules, capital investment in respect of capital formation is granted favourable treatment. Thanks to capital smoothing, only one quarter of the increase in public capital formation investment must be funded in the first year from within the fiscal space permitted by the expenditure banchmark. This provision means capital spending for housing and other purposes can be leveraged within the EU rules.
As the Deputy will also be aware, Ireland's medium-term budgetary objective or MTO was loosened in the Stability Programme Update to 0.5% of GDP in structural terms. As I have already communicated, this loosening will result in an additional €1½ billion in fiscal space becoming available under the EU rules once the MTO is reached. Taking account of this development and capital smoothing, we will, as set out in the Programme for Government, be bringing forward proposals for an additional cumulative €4 billion in Exchequer capital in the context of the mid-term capital review in 2017.
Having said that the Government is very conscious of the housing crisis and in this context Ireland's Strategic Investment Fund (ISIF) have established a joint venture fund Activate Capital which will invest in the development and construction of housing. The venture will provide approximately €500 million in financing for the housing sector. By recycling this funding, the joint venture aims to develop 11,000 units over the medium term.
Similarly NAMA has stated that in accordance with its independent commercial mandate it will target the delivery of 20,000 additional residential units before the end of 2020. 90% of these residential units will be in the greater Dublin Area, where the demand for housing is greatest. Approximately 75% of these units will be houses, primarily starter homes. The overall cost of the programme will be approximately €4.5 Billion. NAMA will utilise its own cash resources to fund this necessary expenditure.
The Government has also outlined its commitment in the Programme for Government to accelerate the delivery of the €3.8 billion Social Housing Strategy. There will be a mid-term review of the Capital Programme in mid-2017 where the allocation of additional exchequer capital investment to priorities will be determined. In addition, the Minister for Housing, Planning and Local Government will set out the new Government Action Plan for Housing within the first 100 days. Once complete the action plan will be subject to target actions and specific deadlines.
In summary, I wish to assure the Deputy that ending the Housing shortage and Homelessness is a priority for this Government.
23. Deputy Joan Burton asked the Taoiseach if he has held any discussions with the Prime Minister of the United Kingdom, Mr David Cameron on its possible exit from the European Union; the effect this would have on the Irish economy, the United Kingdom economy and relations between the two jurisdictions; and if he will make a statement on the matter. [10918/16]
Amharc ar fhreagraI recently spoke with Prime Minister Cameron by telephone on 6 May 2016, during which we discussed a number of matters, including the UK Referendum on EU Membership. We agreed to meet soon and I intend to visit Britain, perhaps on a number of occasions as my schedule permits, before the Referendum on 23rd June.
I meet with Prime Minister Cameron regularly in the normal course of events on a bilateral basis and at European Council meetings. The question of the UK's membership of the EU has featured prominently in all of our recent discussions, particularly since 2013 when the likelihood of a referendum became clear.
On each occasion our discussions have centred on the importance of the UK remaining as a member of the EU and the particular importance of this for Ireland, given that our relationship with the UK is closer than with any other EU Member State. The Prime Minister fully recognises our mutual interest in matters relating to Northern Ireland, the importance of a reformed, more effective European Union, the Common Travel Area and our strong economic ties.
The Irish Government has been very active in our engagement with the UK Government, and with our EU partners, in outlining our concerns and our interests in this matter.
Irish citizens in the UK have a vote in the Referendum and it will be important that the Irish government's position is clearly understood. In this context, a number of Government Ministers will make visits to Britain in the coming weeks, in cities such as Manchester, Liverpool, Birmingham and Glasgow where there are strong Irish communities.
24. Deputy Joan Burton asked the Taoiseach when the Central Statistics Office will publish the initial findings and the entire findings of Census 2016. [10919/16]
Amharc ar fhreagraThe Census Preliminary Results are scheduled for publication on Thursday the 14th of July 2016. This report will contain a preliminary count of males and females by electoral division and data on occupied and vacant dwellings. The first set of definitive results will be published in April 2017. This will be followed throughout 2017 with a series of census releases covering a range of topics with the final release in December 2017. Small Area Population Statistics for some 3,400 electoral divisions and 18,500 small areas are scheduled for publication in July 2017.
25. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for residency status and eligibility for naturalisation of a person (details supplied); and if she will make a statement on the matter. [10743/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has made an application for a certificate of naturalisation. The processing of the application is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times and failure to do so may adversely affect an application for a certificate of naturalisation.
The person concerned was granted a 3 month temporary permission to remain in the State on 5 May 2016 to facilitate him in order to update his passport. He should contact his Embassy in London regarding the process to apply for and collect his passport, after which he can apply to renew his registration and have a GNIB Card issued.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
26. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for residency status by persons; and if she will make a statement on the matter. [10752/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), dated 20th November, 2014, the persons concerned have not submitted written representations.
The position in the State of the persons concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. If any representations are submitted before a final decision is made, they will be fully considered.
I am also advised that the three adult children of the persons concerned have been granted permission to remain in the State based on work permit conditions in one case and and education conditions for two others.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
27. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for residency status and eligibility for naturalisation by persons (details supplied); and if she will make a statement on the matter. [10754/16]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned held an immigration permission which expired on 16 May, 2016. The person concerned was advised by correspondence which issued on 7 April, 2016 from INIS to register directly with the Garda National Immigration Bureau for a further renewal period.
I am further informed by the INIS of my Department that the processing of the application for a certificate of naturalisation from the person concerned is ongoing and will be submitted to me for decision as expeditiously as possible.
Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
28. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation in the case a person (details supplied) who was working for eight years in this jurisdiction; and if she will make a statement on the matter. [10755/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has had their permission to remain in the State renewed for a further three year period following the consideration of their case under Section 3 (6) of the Immigration Act 1999 (as amended). This decision was conveyed in writing to them by letter dated 11th May, 2015.
I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in February, 2016.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
29. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for residency status by a person (details supplied); and if she will make a statement on the matter. [10769/16]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned currently holds an immigration permission which expires on 5 November, 2016. I understand that the person concerned has recently contacted the INIS, arising from a change in their personal circumstances and that INIS will be writing to them shortly to seek clarification on the issues raised.
Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
30. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the residency position and options available to persons (details supplied), including if she can waive the need for an original passport given the situation in the person's home country; and if she will make a statement on the matter. [10776/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned have submitted written representations. These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of a final decision being made.
I am advised also in the context of the persons concerned, they would have to show that they have made reasonable and formal efforts to obtain a national passport, that it has been formally and unreasonably refused and that their own consular authorities are unable to offer consular assistance to them whilst resident in the State.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
31. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality if a tribunal is currently in place to consider individual applications in relation to the Criminal Injuries Compensation Tribunal; the last date on which the tribunal formally convened; if a dedicated tribunal is not currently in place, the reason; and if she will make a statement on the matter. [10806/16]
Amharc ar fhreagraI can inform the Deputy that the Criminal Injuries Compensation Tribunal comprises a Chairperson and six ordinary members. The seven members of the Tribunal do not formally convene as a group to carry out the work of the Tribunal. Individual applications at first instance are considered by a single member of the Tribunal. Consequently, in this regard, the Chairperson can consider individual applications at first instance.
There are currently six ordinary member vacancies, due to the term of office of the previous members having expired on 30 April 2016. To address this situation, I recently sought expressions of interest from suitably-qualified persons who wish to be considered for appointment as members of the Tribunal. I am currently considering these applications and expect to be in a position to make appointments in the coming weeks.
With regard to appeal hearings I wish to inform the Deputy that the Tribunal last held appeal hearings on 5 and 6 April, 2016. Further appeal hearings will be scheduled as new members are appointed. Tribunal members, who are practising barristers and practising solicitors in the Courts system, provide their services on a part-time basis to the Tribunal. Appeal hearings are conducted by three Tribunal members. The member who gave the initial decision will not be one of the Tribunal members present at the appeal hearing. Dates for appeal hearings are set on the basis of availability of Tribunal members, appellants and/or their legal representatives.
32. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality if she has received correspondence from the Taoiseach's Office for direct reply in relation to a person (details supplied) who raised a matter in 2015; and if she will make a statement on the matter. [10856/16]
Amharc ar fhreagraThe matter raised by the Deputy has been the subject of correspondence both directly with my Department and through the Office of the Taoiseach. I also had an opportunity to discuss the situation in broad terms with the person concerned as one of my constituents in 2015. As far as I am aware, it concerns complex legal issues around a long-running dispute in relation to a probate matter. I understand that these are matters which have also given rise to allegations of misconduct by solicitors that have been the subject of complaints by the person concerned to the Law Society. Moreover, and while it is desirable that such situations be resolved effectively, I also have to respect the fact that any unresolved matters arising could give rise to future legal proceedings.
Under current law, and as previously conveyed to the person concerned, including in an e-mail reply from my Private Secretary in April 2014, it is not open to me as Minister, nor indeed to any member of the Government, to determine or to otherwise intervene in disputes or difficulties between practising solicitors and their clients or in relation to matters which are properly for determination by the Courts. Rather, these are matters to be dealt with by the designated statutory bodies or, as may be the case, through the courts. Pending the planned commencement this Autumn of the relevant provisions of the Legal Services Regulation Act 2015, it remains a matter of law that the Law Society of Ireland, the Solicitors Disciplinary Tribunal (to which an aggrieved client may complain directly) and the Office of the Independent Adjudicator remain the statutory bodies charged with investigating or resolving complaints against solicitors under the Solicitors Acts.
In addition to the remedies available under the current statutory complaints framework that I have just outlined, aggrieved clients of solicitors may also choose to seek redress through the courts. As with any court proceedings, it would be considered prudent that persons considering taking such legal action seek independent legal advice on the strength or otherwise of their case and its possible cost implications. It will then be a matter for the aggrieved client concerned to decide which course of action might be best suited to their particular case.
The Deputy will also wish to be aware that, under the Legal Services Regulation Act 2015, preparations are already underway for the establishment of the new and independent Legal Services Regulatory Authority which will have responsibility for the oversight of both solicitors and barristers. There will be a new framework to deal with complaints about alleged professional misconduct independent of both the Law Society and the Bar Council that will apply from the date of its commencement. This, in turn, will be backed up by the establishment of a new and independent Legal Practitioners’ Disciplinary Tribunal dealing with both legal professions. Members of the public who wish to make complaints will, therefore, no longer do so through the Law Society or the Bar Council as they do at present, but through the new and independent Legal Services Regulatory Authority. This and other reforms being made under the 2015 Act will continue to be rolled out on a phased basis between now and the end of this year.
