Written Answers Nos. 78-101
78. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding the retirement age of members of An Garda Síochána (details supplied); and if she will make a statement on the matter. [32648/16]
Amharc ar fhreagraRetirement of members of An Garda Síochána is governed by statutory provisions which set the mandatory retirement age for all members at 60 years of age. Members of An Garda Síochána who joined the organisation prior to 1 April 2004 may retire on full pension once they have served for at least 30 years and they have reached 50 years of age. Members of An Garda Síochána who joined the organisation on or after 1 April 2004 may retire on full pension once they have served at least 30 years and have reached 55 years of age. A member has the option of continuing to serve until they reach 60 years of age, subject to the Garda Commissioner being satisfied that the member is fully competent and available to undertake, and fully capable of undertaking, the duties of his or her position as a member of the Garda Síochána. Where the member wishes to continue beyond the voluntary retirement age the Commissioner can require, at such intervals as the Commissioner considers appropriate, certification as to the health and fitness of the member concerned by a medical practitioner nominated by the Commissioner. I have no plans to bring forward proposal for change in this area.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. In furtherance of this I recently announced that the Government has approved my proposal for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.
Taking account of projected retirements, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. So far 534 recruits have attested as members of An Garda Síochána and are assigned to mainstream uniform duties nationwide. Another 150 will attest later this month.
In order to continue to ensure seamless ongoing recruitment I was very pleased to announce the commencement of a new recruitment campaign on 8 September. The campaign is being organised by the Public Appointments Service on behalf of the Commissioner. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017.
79. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality if it is proposed that legislation establishing a new family law court will be introduced in the near future; and the extent to which legislation has been prepared within her Department. [32633/16]
Amharc ar fhreagraThe Government is committed to significant reform of the courts, including the establishment of a family law court structure that is streamlined, more efficient, and less costly.
My Department is working on a General Scheme of a Family Court Bill and will be engaging in further consultation with relevant stakeholders in relation to the operational aspects of a new family court structure. The General Scheme will be published following its approval by Government and will be subject to the usual pre-legislative scrutiny by the relevant Oireachtas Committee.
The Family Court Bill will aim to streamline family law court processes, clarify jurisdictional issues and provide for a set of guiding principles to help ensure that the Family Court will operate in a user-friendly and efficient manner. The intention is to establish a dedicated Family Court within the existing court structures. The Family Court Bill will also support the proposals in the forthcoming Mediation Bill by encouraging greater use of alternative dispute resolution to assist in more timely resolution of family law cases.
80. Deputy Peter Burke asked the Tánaiste and Minister for Justice and Equality if she will expedite a visa application for a person (details supplied); her views on the delays associated with the application; and if she will make a statement on the matter. [32645/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position remains as set out in my reply to PQ No. 30 of 11th October, 2016, which is set out below.
I 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), written representations have been submitted on behalf of the person concerned.
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.
There are a large number of cases awaiting a decision under Section 3(6) of the Immigration Act 1999 on whether or not to make a deportation order; therefore it is not possible to expedite a particular case ahead of others unless there are exceptional and urgent reasons for doing so. If the person concerned is currently in employment, they are doing so illegally. It is an offence for a non-EEA national to work in the State without permission to do so.
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.
81. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Justice and Equality the equality ground of the nine equality grounds which would potentially cover an allegation that a landlord refused a person a tenancy on the grounds that the prospective tenant would be in receipt of rent supplement or other State rent subsidy schemes; and the number of such cases that have been brought before the WRC since refusal of a tenancy on grounds of rent supplement receipt was deemed illegal. [32664/16]
Amharc ar fhreagraI would refer the Deputy to the amendments to the Equal Status Act 2000 made by the Equality (Miscellaneous Provisions) Act 2015, which prohibit discrimination on the basis outlined in the Question as a stand-alone provision within the Equal Status Acts.
I am informed by the Workplace Relations Commission that 40 complaint applications have been lodged since August 2016 under the Equal Status Acts in relation to the housing assistance ground. Complaints under this category were not recorded separately prior to August pending a necessary software update.
82. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality when the Valuation Office will commence a project (details supplied); and if she will make a statement on the matter. [32688/16]
Amharc ar fhreagraI can inform the Deputy that the Valuation Office is currently undertaking a systematic programme of revaluing, for rates purposes, all industrial and commercial properties in the State. The purpose of revaluation is to bring more equity, fairness and transparency into the local authority rating system and to distribute the commercial rates liability more equitably between ratepayers. The immediate objective of the national revaluation programme is to ensure that the first revaluation of all rating authority areas in over 150 years is conducted as soon as possible. Following the first revaluation, subsequent revaluations of each rating authority area will then be carried out on a cyclical basis no sooner than five years and no later than ten years after the first revaluation.
Section 9(10) of the Valuation Act 2001 provides that the Commissioner of Valuation is independent in the performance of his functions and decisions with regard to the selection of rating authority areas for revaluation is his sole prerogative. Section 19(1) of the Act empowers the Commissioner, after consultation with the Minister for Housing, Planning, Community and Local Government and the rating authority concerned, to make a Valuation Order specifying a rating authority area over which a revaluation is to be conducted. The revaluation programme which began with South Dublin, Fingal and Dun Laoghaire-Rathdown County Council areas has also been rolled out to the Dublin City Council area, Waterford City and County Council area and Limerick City and County Council area. Since November 2015, revaluation is currently underway in the County Council areas of Kildare, Leitrim, Longford, Offaly, Roscommon, Sligo and Westmeath. Additionally, the second revaluation of South Dublin has commenced and statutory valuation orders were recently signed to signal the commencement of the revaluation of Counties Carlow and Kilkenny. The revaluation in these two County Council areas is being conducted on a pilot basis using external resources (outsourcing). The enabling provision to adopt this approach was provided for in the Valuation (Amendment) Act 2015, the effect of which is to allow the Commissioner to contract out some of the revaluation work, in order to augment the in-house capacity of the Valuation Office.
The Deputy will be aware that the Valuation (Amendment) Act 2015 has as its primary purpose the acceleration of the national revaluation programme. It contains a number of measures in this regard. In addition to the outsourcing of part of the revaluation work, the Act also provided for the Commissioner to conduct a revaluation with the assistance of the occupiers of property using elements of self-assessment. This provision – known as “Occupier Assisted Valuation” - is one of the express provisions intended to assist the acceleration of the national revaluation programme. This approach, though readily used in personal and corporate taxation codes, has not been used to date in comparable jurisdictions in relation to property valuations for rating purposes. I am advised that the Commissioner intends running a pilot project involving the revaluation of the approximately 2,300 commercial properties in County Laois rating authority area using ”Occupier Assisted Valuation”. Towards this end, the Valuation Office has conducted the necessary statutory consultations with the Minister for Housing, Planning, Community and Local Government and with Laois County Council and is now embarking on the development of appropriate technical and statutory systems of valuation which will underpin the pilot project and allow for its initiation in 2017. Careful planning is required at this stage as the pilot involves an entirely different interaction with occupiers of property than has been the case heretofore.
The Occupier Assisted participative approach involves the use of new sophisticated valuation tools for the first time and requires the development and implementation of extensive information and communications technology facilities. In particular, the provision of a wide range of on-line supports will be essential to the success of the project, including use of video and audio technology to assist ratepayers in carrying out their elements of the process. It is also intended that there will be extensive engagement with the ratepayers through an information campaign which will be undertaken to ensure maximum participation to ensure the success of the pilot. While at this stage, the Commissioner cannot be precise about the proposed date on which he intends to sign the statutory Valuation Order to formally commence the revaluation in County Laois, I am informed that he expects to do so no later than 31 July 2017. Following the signing of the order, the Valuation Office intends to undertake a publicity and information campaign during which each individual ratepayer will be written to informing them of the commencement of the project and requesting information in relation to their property. There will also be a programme of engagement with the various trade bodies and representative associations with the purpose of keeping them abreast of developments.
83. Deputy Jackie Cahill asked the Tánaiste and Minister for Justice and Equality the number of persons from County Tipperary that were convicted and sentenced to imprisonment; the number who were processed at the prison where they were sent and released on the same day or the following day, by prison, by category of crime, by length of sentence given, in 2014, 2015 and 2016 to date; and if she will make a statement on the matter. [32840/16]
Amharc ar fhreagraI am informed by the Irish Prison Service that the statistics being sought are not readily available. The information is currently being collated and I will respond to the Deputy as soon as the information is to hand.
The referred reply under Standing Order 42A was forwarded to the Deputy.
84. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the total value of uncollected fines; the total number of uncollected fines; and the number of persons that have been imprisoned for non-payment of fines for each of the years 2013 to 2016 to date, in tabular form. [32845/16]
Amharc ar fhreagraI wish to advise the Deputy that I have made inquiries with the Courts Service in respect of the statistics requested. The information sought is currently being compiled and verified. I shall arrange for this information to be forwarded to him shortly.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 84 of 02 November 2016 in which you sought the total value of uncollected fines, the total number of uncollected fines and the number of persons imprisoned for the non-payment of a fines for each of the years 2013 to 2016 to date.
I have had inquiries made and the Courts Service has provided the statistics below in relation to the value and number of uncollected fines. The Irish Prison Service has provided statistics in relation to the number of persons imprisoned for the non-payment of fines.
Information on the total number of uncollected fines for each of the years 2013 to 2016 as recorded on the Courts Service Criminal Case Tracking System is set out in the following Tables.
Table 1 sets out the number and value of uncollected fines which were imposed between January and December of each of the years 2013 to 2015 and during the period 01 January to 28 October 2016. It does not include outstanding fines where part-payment has been made by way of instalments in accordance with the Fines (Payment and Recovery) Act 2014 which came into effect on 11 January 2016. The level of fines uncollected is directly related to the time lapse since the fine was imposed i.e. if a fine was imposed in 2013 there has been 3 years in which to collect the fine whereas if a fine was imposed in 2016 there has only been a maximum of 10 months to collect the fine. Efforts to realise uncollected fines continue over a number of years. Consequently the number of fines outstanding in 2015/2016 is significantly higher than for 2013/2014.
Table 2 sets out the number and value of uncollected fines where part-payment has been made by persons opting for payment by instalments in the period 01 January to 28 October 2016.Table 1
|
Year |
No. of fines Imposed* |
Value of Fines Imposed* |
No. of Fines Outstanding |
Value of Fines Outstanding |
|
Jan - Dec 2013 |
71,743 |
€21,773,922.35 |
13,132 |
€4,241, 239.29 |
|
Jan - Dec 2014 |
76,395 |
€23,419,612.42 |
16,533 |
€5,852,055.11 |
|
Jan - Dec 2015 |
74,056 |
€23,661,058.63 |
29,141 |
€11,125,905.53 |
|
Jan - 28 Oct 2016 |
59,334 |
€19,336,404.86 |
41,513 |
€14,305,331.50 |
*This figure does not include fines that have been superseded, i.e. Appeal allowed, Set aside etc.Table 2
|
Year |
No. of Part Paid Fines Outstanding |
Value of Part Paid Fines Outstanding |
|
01 Jan -28 Oct 2016 |
1,351 |
€394,392.24 |
The Irish Prison Service has provided figures for the number of committals for the non-payment of fines during the period sought as set out below.
|
Year |
No. of Committals |
|
Jan - Dec 2013 |
8,121 |
|
Jan - Dec 2014 |
8,979 |
|
Jan - Dec 2015 |
9,883 |
|
01 Jan - 30 Sept 2016* |
6,616* |
* This is a provisional figure only. Committals during the period of 01 January to 30 September 2016 are in respect of fines imposed prior to the commencement of the Fines (Payment and Recovery) Act 2016 which came into effect on 11 January 2016.
85. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of attachment orders made by the courts since the commencement of the Fines (Payment and Recovery) Act 2014; and the sum total of the fines for which such attachment orders have been made since then. [32846/16]
Amharc ar fhreagraI wish to advise the Deputy that the Courts Service has informed me that no attachment orders have been made since the commencement of the Fines (Payment and Recovery) Act 2014 on 11 January 2016. The Act provides for alternatives to imprisonment for non-payment of fines. The process to support payment of fines by instalment commenced earlier this year and other elements of the process including attachment of earnings will take effect sequentially.
86. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality when she expects the Joint Oireachtas Committee on Justice, Defence and Equality to consider the content of the general scheme of the Criminal Justice (Corruption) Bill and report back to her on the matter; and if she will make a statement on the matter. [32859/16]
Amharc ar fhreagraI can inform the Deputy that the Scheme of the Bill was referred to the Committee in June 2012 and the Committee has since reported.
87. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the number of Syrian refugees that have been taken into the country following the Government's pledge to take 4,000; the reason the process is taking so long; the steps she is taking to speed up the process; and if she will make a statement on the matter. [32893/16]
Amharc ar fhreagraThe Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into the State by the end of 2017, through a combination of the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, and the UNHCR-led refugee resettlement programme currently focused on resettling refugees from camps in Jordan and Lebanon. The possibility of an additional refugee pledge in 2017 is under active consideration. Other mechanisms to fill the gap are also under review and will be contingent on further developments at EU level.
Under the resettlement part of the Programme, 520 refugees are to be resettled in Ireland by the end of 2016. To date, 500 of these refugees have been admitted to the State, 463 of which are from Syria. Sufficient cases have already been selected during a mission to Lebanon earlier this year to ensure that the remaining refugees in the overall quota of 520 will be taken in ahead of schedule. In addition, the Government recently announced that it is extending the resettlement programme to take in a further 260 refugees from Lebanon in 2017. The possibility of an additional refugee pledge in 2017 is under active consideration.
Under relocation, Ireland has to date taken in a total of 109 asylum seekers from Greece, mostly families. 69 of these are from Syria. A further 128 people have been assessed and cleared for arrival and arrangements for their travel to the State are currently being made. Next week a team of IRPP officials are travelling to Athens to carry out assessment interviews on a further 87 people and a further mission in December will see at least another 80 people interviewed. By the end of 2016, it is expected that Ireland will have accepted over 400 people from Greece alone under the relocation pledge system. The intention thereafter is to sustain the pace and size of pledges and intakes throughout 2017 at the levels required to allow Ireland to meet its commitments within the timeframes envisaged under the EU Relocation Decisions.
There have been well documented delays which have hampered the EU relocation mechanism and the Tánaiste is on record as stating that the pace of arrivals during previous months has been a lot slower than she or I would have liked. The delays have been experienced by the majority of participating States, not just Ireland, and are due to issues outside of our control. They include issues such as inadequate resources and administration on the ground in Greece, technical issues regarding security assessments in Italy, and a reluctance on the part of migrants to apply for asylum at migration hotspots which is a pre-requisite for entering the relocation programme.
The Government has been concerned at the slow pace of intake. In this regard, officials in the Department of Justice and Equality have worked closely with the Greek and Italian authorities to resolve these issues. In June this year a team of Irish officials travelled to Athens to help Greek authorities to identify ways of addressing administrative obstacles and to devise a more ambitious schedule for relocations from Greek hotspots to Ireland. Irish officials also helped to develop and deliver information sessions for potential relocation applicants aimed at encouraging them to take up places on offer in Ireland rather than remaining in limbo as unregistered migrants. As regards the issues affecting relocations from Italy I have spoken directly to a relevant ministerial colleague on the matter and Department officials have been liaising with Italian colleagues in Rome and the EU Commission in Brussels in order to address remaining issues.
Both I and the Tánaiste are satisfied that the pace of the programme is accelerating towards full operation at last, however, we must not remain complacent. Getting these vulnerable people to Ireland is just the first part of the challenge. Meeting the long term needs of this large influx places complex demands on services in the State and will require a consistent, sustainable and comprehensive response from the whole of Government through the work of the Irish Refugee Protection Programme Taskforce, as well as the wider community and the voluntary sector.
88. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality her plans to introduce legislation that updates or replaces the existing Coroners Act. [32894/16]
Amharc ar fhreagraThe Deputy will be aware that the Coroners Bill 2007, which was on the Order Paper in the previous Dáil, was not restored to the Order Paper in the current Dáil, as it needs to be fully examined and revised before an updated Bill is brought forward.
I had already asked my Department to carry out a review of the 2007 Bill, as a number of elements have become outdated and need review in the light of:
- legal and forensic developments;
- the changed public finances; and
- increased emphasis on delivering leaner, better integrated and more customer-focused public services.
That review is continuing and the intention is that new proposals will be brought forward in 2017.
89. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if all Garda traffic corps vehicles are currently fitted with an automatic number plate recognition system; if so, the number of such; if not, the timeframe for completion; and if she will make a statement on the matter. [32904/16]
Amharc ar fhreagraAs the Deputy will appreciate, decisions in relation to the provision and allocation of resources is a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
As I informed the Deputy in response to Parliamentary Question No. 69 of 28 June 2016, Automatic Name Plate Recognition technology (ANPR) is not solely limited for use by the Garda Traffic Corps. It is also employed in other Garda vehicles as an investigative and intelligence tool.
The Garda authorities have informed me that, as of 24 October 2016, some 103 official Garda vehicles, 91 of which are in the Traffic Corps, have been fitted with ANPR.
I am assured by the Garda Authorities that the use of ANPR, including the current capabilities and any possible expansion thereof, is kept under constant review in the light of identified operational needs.
90. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the amount that her Department spent on external legal advice in each of the years 2013, 2014 and 2015; the names of each of the legal firms that provided advice to her Department in each of those years; and if she will make a statement on the matter. [32910/16]
Amharc ar fhreagraI wish to inform the Deputy that it has not been possible to provide the information required in the time available. The information will be forwarded to the Deputy as soon as it is to hand.
The referred reply under Standing Order 42A was forwarded to the Deputy.
91. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when she intends to commence part XIV of the Legal Services Regulation Act 2015; and if she will make a statement on the matter. [32927/16]
Amharc ar fhreagra93. Deputy Paul Kehoe asked the Tánaiste and Minister for Justice and Equality the position regarding the commencement of the Legal Services Regulation Act; when the public complaints function of the Legal Services Regulatory Authority will commence; and if she will make a statement on the matter. [33022/16]
Amharc ar fhreagraI propose to take Questions Nos. 91 and 93 together.
On 19 July, under S.I. No. 383 of 2016, I commenced those provisions of Part 1 and Part 2 of the Legal Services Regulation Act 2015 as necessary to get the new Regulatory Authority up and running, particularly in terms of its membership and appointment. On 29 September 2016, I signed the Order appointing 1 October 2016 as the official “establishment day” of the Regulatory Authority as provided under section 7 of the 2015 Act - S.I. No. 507 of 2016 refers. In conjunction with these initial steps the nomination, approval and appointment procedures for the eleven members of the new Legal Services Regulatory Authority set out in Part 2 of the 2015 Act have been completed. This has included the required resolutions approving such appointment having been passed by each House of the Oireachtas. Dr. Don Thornhill has also been appointed as Chairperson of the Regulatory Authority. The Authority, which has a lay majority and Chairperson, held its inaugural meeting on 26 October 2016. I had the opportunity to meet with the members of the Authority to mark this historic occasion which I have warmly welcomed as a key step towards the realisation of the important reforms to the provision of legal services and to the transparency of legal costs that are contained in the 2015 Act.
Now that the new Authority has had its inaugural meeting as an independent statutory regulator, the working focus is, of necessity, on the managed roll-out of the Authority's functions in tandem with the phased commencement, by the Government, of the various remaining Parts and provisions of the 2015 Act. This is no mean endeavour as the setting of establishment day of the Authority for 1 October 2016 has automatically triggered a number of working obligations on the new Authority. Moreover, several of these are statute-bound in terms of their delivery deadlines and in terms of the completion of public consultations and reports on the specified matters concerned. These are tasks for which the new Authority will need to build up its working resources in the short term. Both my Department and the new Regulatory Authority will, therefore, continue to liaise closely by way of ensuring that we can successfully coordinate the commencement, from my side as Minister, and delivery, by the Authority as the new independent statutory regulator, of the various provisions concerned.
Against this background, it is intended that the phased commencement of the remaining Parts of the 2015 Act will be implemented over the remainder of this year and into early 2017 in relation to major undertakings such as the start-up of the Authority’s critical public complaints function. The immediate focus includes the phased commencement of Parts of the 2015 Act such as those dealing with legal costs, the new Office of the Legal Costs Adjudicator, the Roll of Practising Barristers, Pre-Action Protocols and of the miscellaneous provisions of Part 15 to which Deputy O'Callaghan has referred. Following this, in the new year, the key provisions centred around Part 6 of the Act dealing with the new public complaints and professional conduct and disciplinary procedures, and the appointment of the new Legal Practitioners Disciplinary Tribunal, will be commenced in tandem with the developing resource base and capability of the new body. As Deputy Kehoe has anticipated, the successful commencement of the public complaints functions will be central to the new regulatory framework. I would anticipate that the planning and progress of all of these matters will come to be determined in much more precise terms by my Department in conjunction with the Legal Services Regulatory Authority over the coming weeks.
92. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality the status of the case of a person (details supplied) who has lived here for 19 years, who applied to remain in the State and was refused; if it will be reviewed; and if she will make a statement on the matter. [32991/16]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was refused permission to remain in the State, on the basis of a change in circumstances on, 7 September 2016.
In accordance with the Policy Document on Non-EEA Family Reunification dated 31 December 2013, where an application is refused, the applicant may appeal to INIS. An appeal will be considered by a different officer and, where possible, one who is more senior than the original decision maker.
The officer determining the appeal may:
- confirm the decision; or
- confirm the decision and impose conditions or amended conditions; or
- set aside the decision and substitute his or her determination of the application.
An appeal of the decision was received by INIS in September 2016 and it is expected that the appeal will be considered shortly.
The Deputy may wish to note that 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.
94. Deputy Michael Healy-Rae asked the Minister for Finance his views on a matter (details supplied) regarding the new scheme to assist first-time buyers; and if he will make a statement on the matter. [32569/16]
Amharc ar fhreagraDetails of the Help To Buy scheme, which I announced in Budget 2017, are set out in Finance Bill 2016 which was published on 20 October. The Bill provides that, in the case of a self-build residence, a first-time buyer must take out a mortgage in an amount which is at least 70% of the valuation of the residence as approved by the mortgage provider.
The calculation of the 5% referred to by the Deputy is also based on the valuation of the residence as approved by the mortgage provider.
While I cannot comment on the specific case referred to by the Deputy, there wouldn't appear to be any reason why the individuals concerned could not make a formal application to Revenue in January 2017 when the Revenue online system for the Help To Buy scheme is due to come on stream.
Further information in relation to the scheme is available from the Revenue website at http://www.revenue.ie/en/index.html.
95. Deputy Michael Healy-Rae asked the Minister for Finance if a person qualifies for the new help-to-buy scheme if they build a new home where a 1950s house remains (details supplied); and if he will make a statement on the matter. [32986/16]
Amharc ar fhreagraDetails of the Help To Buy scheme, which I announced in Budget 2017, are set out in Section 8 of Finance Bill 2016 which was published on 20 October. To qualify for the scheme, a new-build is a property that has not been previously used as a residence. If the property in question falls within the definition of a qualifying residence for the purposes of the legislation then the property may qualify as a new build. The particulars of the case, as set out by the Deputy, would indicate that the build planned by the individual would not qualify. However, it is difficult to be definitive, given the lack of detail. The Revenue Commissioners would examine such applications on a case by case basis to ascertain whether they will or will not qualify as a new build.
I would point out to the Deputy that the Home Renovation Incentive is available in respect of refurbishment works on existing dwellings. The Help to Buy scheme is targeted at increasing supply and it is for this reason that the scheme is not available in respect of the redevelopment of existing housing stock, which has already been used as for dwelling purposes.
Further information in relation to the scheme is available from the Revenue website at http://www.revenue.ie/en/index.html.
96. Deputy Bernard J. Durkan asked the Minister for Finance if he is satisfied regarding the amount of working capital available to the hotel and catering industry; and if he will make a statement on the matter. [33042/16]
Amharc ar fhreagraAs the Deputy is aware, small and medium sized businesses, including those in the hotel and catering industry, play a central role in the sustainable recovery of the Irish economy. Government policy is focused on ensuring that all viable SMEs have access to an appropriate supply of credit from a diverse range of bank and non-bank sources.
In terms of monitoring the requirements for SMEs, my Department commissions biannual surveys to ascertain the demand for credit by SMEs. This survey series, most recently conducted by Red C on behalf of my Department, is the most comprehensive survey of SME credit demand in Ireland, covering 1,500 respondents and involving over 6,000 direct telephone calls to SMEs. SMEs of all sizes trading in all sectors, excluding property development and speculative activities, are included. The survey covers demand for credit from both bank and non-bank sources.
I would draw the Deputy's attention to the most recently published Department of Finance SME Credit Demand Survey covering the October 2015 to March 2016, which can be found at www.finance.gov.ie. The results of this survey show that, when pending applications are excluded, 89% of credit applications to banks were approved or partially approved (up 4% from the previous survey). Working capital requirements were provided as the main reason for applying for bank finance with 39% of respondents stating that they required finance for working capital (down 9%). When asked about sources of finance for working capital, internal funds/retained earnings were the main finance source of working capital with 67% of working capital coming from this source (up 4%). The survey also showed continued positive trends in terms of trading performance, profitability and employment.
Fieldwork is currently underway for the next wave of the Department of Finance SME Credit Demand Survey covering the period April 2016 to September 2016. The results of this are expected to be published in November.
The SME State Bodies Group, chaired by my Department, provides a forum for the development and implementation of policy measures to enhance SMEs' access to a stable and appropriate supply of finance. As the Deputy will be aware, Chapter 7 (Finance for Growth) of this year's Action Plan for Jobs (APJ) sets out a range of commitments to ensure viable SME's can access appropriate finance at a reasonable cost from both bank and non-bank sources. These Government policies have supported a year on year increase in new lending in the Hotel and Catering sector, as measured by the Central Bank.
The Government remains committed to the SME sector, as reflected in the Programme for a Partnership Government, and sees it as a key engine of ongoing economic growth. Consequently my Department and the Credit Review Office, working with the other relevant Departments and Agencies, will continue to monitor the availability of both bank and non-bank credit on both a macro and sectoral basis in order to ensure that sufficient access to finance is available to facilitate participants in the SME sector to reach their full potential in terms of growth and employment generation.
97. Deputy Bernard J. Durkan asked the Minister for Finance if notice of assessment for tax year 2014 can issue in the case of a person (details supplied); and if he will make a statement on the matter. [32544/16]
Amharc ar fhreagraI am advised by Revenue that a copy of the Notice of Assessment for 2014 which was issued previously to the person concerned has been issued again to him both by post and electronically to his ROS inbox.
98. Deputy Niamh Smyth asked the Minister for Finance if he will request the main banking institutions to provide a full-time ATM in the town of Kilnaleck, County Cavan; and if he will make a statement on the matter. [32579/16]
Amharc ar fhreagraFirst, I would highlight that I have no statutory role in relation to banking decisions made by financial institutions to provide, alter or amend the range of services which it provides. This is ultimately a commercial decision for the management team and board of each lending institution, having due regard to their customers.
Second, the Deputy will be aware that the lending institutions in Ireland, including those in which the State has a significant shareholding, are independent commercial entities and that relationship frameworks are in place with the State owned banks which provide that the State will not intervene in the day-to-day operations of the banks or their management decisions. These frameworks are required to ensure that the banks are run on a commercial, cost effective and independent basis to ensure the value of the banks as an asset for the State.
99. Deputy Jackie Cahill asked the Minister for Finance if he will review the disabled drivers and disabled passengers scheme in order to allow access to persons with severe cerebral palsy who due to their illness are incapable of independent movement and require modified vehicles to attend hospital, physiotherapy and all other care which helps them with their quality of life; and if he will make a statement on the matter. [32527/16]
Amharc ar fhreagraThe Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to a certain limit) on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, payment of a fuel grant, and an exemption from Motor Tax.
To qualify for the Scheme an applicant must be in possession of a Primary Medical Certificate. To qualify for a Primary Medical Certificate, an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 and satisfy one of the following conditions:
- be wholly or almost wholly without the use of both legs;
- be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;
- be without both hands or without both arms;
- be without one or both legs;
- be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;
- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.
The Senior Medical Officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. A successful applicant is provided with a Primary Medical Certificate, which is required under the Regulations to claim the reliefs provided for in the Scheme. An unsuccessful applicant can appeal the decision of the Senior Medical Officer to the Disabled Drivers Medical Board of Appeal, which makes a new clinical determination in respect of the individual. The Regulations mandate that the Medical Board of Appeal is independent in the exercise of its functions to ensure the integrity of its clinical determinations.
The Medical Board of Appeal's clinical determination is limited to the scope of the six qualifying criteria, and the Board does not have discretion in relation to the application of these criteria. The criteria to qualify for the Scheme are necessarily precise and specific. After six months a citizen can reapply if there is a deterioration in their condition.
The Scheme represents a significant tax expenditure. Between the Vehicle Registration Tax and VAT foregone, and the repayment of excise on fuel used by members of the Scheme, the Scheme represented a cost of €50.3 million to the Exchequer in 2015, an increase from €48.6 million in 2014. These figures do not include the revenue foregone to the Local Government Fund in the respect of the relief from Motor Tax provided to members of the Scheme.
I recognise the important role that the Scheme plays in expanding the mobility of citizens with disabilities. I have managed to maintain the relief at current levels throughout the crisis despite the requirement for significant fiscal consolidation. From time to time I receive representations from individuals who feel they would benefit from the Scheme but do not qualify under the six criteria. While I have sympathy for these cases, given the scale and scope of the Scheme, I have no plans to expand the medical criteria beyond the six currently provided for in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.
100. Deputy Joan Burton asked the Minister for Finance if his Department has had discussions with the Irish League of Credit Unions regarding the establishment of a special purpose vehicle, SPV, to enable credit unions to invest surplus funds in to facilitate lending to the SME sector; if his Department is developing a structure for such a SPV for the credit union movement's surplus funds; and if he will make a statement on the matter. [32564/16]
Amharc ar fhreagraThe Government recognises the important role of credit unions as a volunteer co-operative movement in this country as well as their key role in providing access to credit and other important services in local communities throughout the country.
It is fair to say that credit unions have gone through a period of considerable change since the Commission on Credit Unions Report was published in 2012 and the movement has risen to the challenges posed. This Government has worked with the movement and will continue its ongoing engagement to ensure the safety of members' savings, to support credit unions to broaden the range of services to members and to safeguard the credit union sector as a whole into the future.
Officials from my Department have held discussions with both the Irish League of Credit Unions (ILCU) and the Credit Union Development Association (CUDA). Specifically, discussions have taken place with the Irish League of Credit Unions regarding its proposed plans for the sector including a role for credit unions in providing funding for the Small and Medium Enterprise (SME) sector. Additionally, the Strategic Banking Corporation of Ireland (SBCI) whose goal is to ensure access to flexible funding for Irish SMEs, has had ongoing engagement with the representative bodies around the matter of credit unions providing funding for the SME sector.
Ultimately the involvement of a credit union, including a restructured credit union, in the provision of funding to SMEs would be a matter for the individual credit union. Additionally, this type of service would require approval by the Registrar of Credit Unions at the Central Bank, prior to a credit union providing such a service.
I am always open to considering new proposals in relation to credit unions, particularly those that would see the development of the credit union business model and an increase in income for the sector. In recognising 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.
101. Deputy Pearse Doherty asked the Minister for Finance the assessment that was carried out by his Department on the impact on supply and demand conditions in the housing market of the help-to-buy scheme announced in budget 2017; and if he will make a statement on the matter. [32537/16]
Amharc ar fhreagraThe potential impact of the Help to Buy incentive on supply and demand conditions in the housing market was considered by my officials as part of their analysis of the proposed scheme and the design of the relevant parameters of the incentive. Among other issues, officials also considered the potential impact on land prices, demand, and potential mortgage lending.
The introduction of such a scheme was considered as only one component of the full list of measures provided for in 'Rebuilding Ireland - The Action Plan for Housing and Homelessness' which was launched last July. It is in this context that the Help-to-Buy scheme should be considered. Its role is to complement the other measures in the Action Plan. The extent to which the market responds will very much depend on the speed and efficiency with which structural supply constraints are eliminated and residential building activity increases. Therefore, the impact of the Help-to-Buy scheme cannot be considered in isolation from the impact of other measures contained in the Action Plan, which are primarily designed to increase supply.
It is expected that the Help to Buy scheme will increase the demand for newly built houses, by converting notional demand into real demand, through enabling first-time buyers' to meet the requirements of the Central Bank macro-prudential rules, more quickly. Accordingly, developers who may have been struggling to borrow funding to build houses will be in a better position to do so, and thus will be able to generate the desired supply side response.
