Written Answers Nos. 50 - 64
50. Deputy Joan Burton asked the Minister for Finance the status of his Department's work with the Revenue Commissioners in tackling the tax evasion uncovered in the Panama papers; and if he will make a statement on the matter. [33936/16]
Amharc ar fhreagraI am advised by Revenue that they have been to the forefront in acting against the use of offshore accounts, trusts and structures to evade tax liabilities, and that their approach has set the model for much of the work undertaken by other tax administrations in this area. Revenue's work in relation to offshore accounts and other financial product investigations has to date resulted in the recovery of €2.8 billion in tax, interest and penalties.
In line with their active approach to identifying and confronting those who try to escape their tax responsibilities, Revenue has advised me also they are examining the information that has become available through the "Panama Papers" revelations, and, in addition, that they have requested access to any elements of that documentation that could be of relevance to their work against tax evasion and avoidance. They are committed to making the fullest possible use of any available information in pursuing cases where it appears that tax liabilities have not been addressed.
Revenue continues to engage fully with the OECD Joint International Taskforce on Shared Intelligence and Collaboration (JITSIC) Network to agree concrete actions that tax administrations can take in response to evidence of tax avoidance and evasion, and leading to a multilateral and coordinated approach to the "Panama Papers" data. Effective cooperation of this kind between countries is essential in tackling this worldwide problem, if the international community is to succeed in ensuring that there will be no hiding places for those who seek to escape their tax obligations.
I fully support the widespread move towards increased global financial and tax transparency, and Revenue is at the forefront of international developments for Automatic Exchange of Information. Key developments in this field are the OECD's Common Reporting Standard, the EU's Directives on Administrative Cooperation and the US Foreign Account Tax Compliance Act (FATCA) Initiative. Revenue has advised me that they are considering carefully how to make the best possible use of all data sources of this kind to identify any cases of tax evasion by Irish residents using offshore accounts or structures.
I am committed to supporting any legislative changes that that are needed to tackle tax evasion using offshore structures or accounts and have, for that reason, proposed in the Finance Bill 2016 a measure that would, as and from 1 May 2017, eliminate any possibility of a qualifying disclosure in cases of that kind. Anybody who has tax liabilities relating to offshore matters and who does not act now to address them will, if the proposal is enacted, face the prospect of substantially higher penalties, publication in the Quarterly List of Tax Defaulters and possible prosecution.
51. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which Ireland's budgetary arrangements remain compliant with expenditure norms and guidelines applicable throughout the EU; if any particular issues have arisen which might require corrective attention; and if he will make a statement on the matter. [33992/16]
Amharc ar fhreagraIreland, along with all EU Member States, is subject to fiscal rules under the Stability and Growth Pact (SGP) and the Fiscal Responsibility Act 2012.
These rules are designed to promote budgetary discipline and underpin sustainable economic growth. Given our comparably high debt level and the fact that we are a small and very open economy in a world that has more risks than usual, it makes sense to get to a balanced budget in structural terms as planned in 2018. By reducing our debt to much lower levels, we will increase our capacity to withstand shocks by building our capacity to borrow. The fiscal rules underpin and facilitate achieving this objective.
As the harmonised methodology used to calculate the structural balance is not always suitable for a small open economy, our fiscal planning looks to the expenditure benchmark in the first instance. My Department's forecast of general government expenditure in 2016 will comfortably comply with the permitted expenditure limit under this rule.
My Department's forecasts of general government expenditure in Budget 2017 is some €200 million in excess of the permitted expenditure under the benchmark. This is due to the projected increase in our EU Budget contribution arising from the large revision in our GDP. However as we are forecast to make sufficient progress towards a balanced budget in structural terms in 2017 and the EU Budget contribution is a factor beyond our control, the Government has decided not to alter its fiscal plans in light of this one-off level shift.
In line with European requirements, Ireland's draft budgetary plan for 2017 was submitted on the 17th of October 2016. It is now undergoing assessment by the European Commission, which is expected to issue its opinion in mid-November. The European Commission applies an overall assessment encompassing performance against both the balanced budget rule and the expenditure benchmark when assessing compliance. Accordingly, we expect that the European Commission will find that Ireland is broadly compliant with its obligation - indeed, I would point out that Ireland is not one of the seven countries that the European Commission has written to seeking clarification about or changes in their draft budgetary plans.
53. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which he is satisfied that the first-time buyer grant provisions will not inflate house prices or if an alternative methodology might be required to assist first-time home buyers; and if he will make a statement on the matter. [33991/16]
Amharc ar fhreagraMy officials considered the potential impact of the Help to Buy incentive as part of their analysis of the proposal and the design of the relevant parameters of the incentive. A straightforward analysis of the Help to Buy scheme in isolation might suggest that it would increase prices, but this does not take on board the other impacts on the housing market that will arise as a result of the 'Rebuilding Ireland: Action Plan for Housing and Homelessness', which was launched last July.
This comprehensive Action Plan takes a holistic approach in addressing the many interacting structural constraints affecting the housing market in areas such as planning and land use, as well as regulation and skills deficits in the construction sector. While the primary focus of the Action Plan is to tackle structural constraints, fiscal supports can play a supporting and time-bound role in addressing the current problems in the housing sector.
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 scheme could lead to an increase in residential property prices 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 on property prices cannot be considered in isolation from the impact of other measures contained in the Action Plan, which are primarily designed to increase supply.
54. Deputy Michael McGrath asked the Minister for Finance his plans to introduce for SMEs generally a loan scheme similar to the €150 million loan fund for the agri-sector announced as part of budget 2017; and if he will make a statement on the matter. [33881/16]
Amharc ar fhreagraAs the Deputy is aware, the Department of Agriculture, Food and the Marine (DAFM) recently announced a €150 million Cash Flow Support Fund for Farmers that will support highly flexible loans for up to six years, for amounts up to €150,000, at an interest rate of 2.95%; and will be available to livestock, tillage and horticulture farmers.
The Fund is supported by €11 million of EU Exceptional Adjustment Aid and further funding from the Department of Agriculture, Food and the Marine, under a derogation from state aid regulations that ordinarily apply to the agriculture sector. This measure will enable farmers to improve the management of their cash flow and reduce the cost of their short-term borrowings so they can continue to trade during the current period of commodity price volatility.
The government is committed to supporting the wider financing needs of SMEs, in all sectors of the economy, and ensuring that there is an adequate supply of affordable and appropriate credit to meet their needs. The Strategic Banking Corporation of Ireland (SBCI) was established to increase and facilitate the availability of low cost, flexible credit to SMEs. In this regard, it is encouraging to note that to the end of June 2016, the SBCI has lent €347 million to 8,619 SMEs. On average, the SBCI provides a discount of circa 1.5% on the market interest rate to SMEs.
The SBCI continues to have significant lending capacity; it has funding agreements in place with the European Investment Bank, KfW and the NTMA and has a current funding capacity of over €1 billion to enable it to make low cost loans available to SMEs across all qualifying sectors.
The most recent Department of Finance SME Credit Demand Survey sought the reasons why businesses did not seek credit and the results showed that 84% of respondents who had not applied for credit stated that they did not seek credit because they did not need it.
The deputy should note that this particular agriculture measure is only possible due to exceptional EU aid for the sector and it relates to issues that are specific to the agri-sector at present and consequently, it is a specific and time bound initiative. The SBCI will continue to be the central mechanism for providing SMEs with access to low cost financing products from a range of bank and non-bank lenders.
56. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if Irish officials working on the ground in Greece administering the relocation programme are aware of a shelter (details supplied); and if they will visit that shelter to inform the refugees housed there of their options in regard to relocating here. [34128/16]
Amharc ar fhreagraMy officials were not aware of the centre in question. However, they have made enquiries and the centre appears to have opened in May 2016 and it accommodates some migrants as well as serving as a "drop-in" centre offering a range of general activities and supports. There are a large number of migrant facilities in Athens. Irish officials do not visit shelters as this is not the process for relocation agreed with the Greek Asylum Service or the mechanism set out in the relevant legal instruments.
As the Deputy may be aware, the mechanism for relocating asylum seekers from Greece to Ireland is set out in Council Decisions 2015/1523 and 2015/1604 which establish provisional measures in the area of international protection for the benefit of Italy and of Greece. According to Article 3(2) of the Council Decisions on relocation, relocation shall be applied only in respect of an applicant belonging to a nationality for which the proportion of decisions granting international protection among decisions taken at first instance on application for international protection as referred to in the Asylum Procedures Directive (Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection) is, according to the latest available updated quarterly EU-wide average Eurostat data, 75% or higher.
At the moment, under the established mechanisms, the main beneficiaries in Greece of the relocation programme are Syrians and Iraqis. Iraqis are no longer on the list of eligible nationalities for relocation since the beginning of July having fallen below the 75% threshold. However, those who registered before that deadline and applied to be relocated remain eligible for relocation. These nationalities are a sub-set of the overall pool of migrants and asylum seekers in Greece.
The process for relocation is that following receipt by Greece of a pledge from Ireland to consider accepting a given number of asylum seekers under relocation, the Greek Asylum Service forwards the files of asylum seekers from nationalities eligible for relocation who have registered with the Greek Asylum Service and indicated a willingness to participate in the relocation programme. In order to become eligible for the relocation programme, an applicant would first have to apply for international protection and they must go through the identification, registration and fingerprinting procedure carried out by the Greek authorities. Applicants must opt into the relocation programme; they must be from nationalities eligible for relocation and while they do not have a choice as to specific country they are sent to under relocation, efforts are made by the Greek Asylum Service to "match" them with a suitable country, including one for which they may have indicated a preference during their interview.
Ireland has submitted a schedule of pledges to Greece which covers all asylum seekers due to be relocated to Ireland under the Council Decisions. The purpose in doing this is to allow the Greek Asylum Service to project manage the pledges made by Ireland and fit them into their schedule of pledges from numerous Member States. This process is working well and Ireland has programmed pledges to September 2017 in respect of our full allocation under the relevant Council Decisions.
Irish IRPP officials working on the ground in Athens, both from my Department and from other agencies, undertake vulnerability assessment interviews with approved applicants, conduct security screening (in the case of an Garda Síochána) with those applicants, liaise with unaccompanied minors (in the case of Tusla officials), and undertake other activities relevant to the management of the pledges and the needs of asylum seekers eligible for relocation. There is a clear process in place for the relocation of asylum seekers and that process is made known to all those eligible for relocation. The Greek Asylum Service and related agencies such as the International Organisation for Migration and UNHCR are responsible for managing this process and Ireland devotes its resources on the grounds in Athens to working with bodies like these in order to ensure that we meet the needs of the asylum seekers that are due to be relocated to Ireland. That process is now working well.
57. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality if there are plans to develop the old courthouse on Boghall Road, Bray; if not, if she will consider allowing the use of the premises to a community group in the area; and if she will make a statement on the matter. [34112/16]
Amharc ar fhreagraAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that Courts Service staff relocated from the old courthouse on Boghall Road to premises in Bray town centre in 2006. The courthouse at Boghall Road has not been actively used by the Courts Service since then and it has no plans to redevelop it in the future.
The Courts Service deals with such property in accordance with its own internal policy and with the Department of Public Expenditure and Reform's policy on property acquisition and disposal. Courts Service policy allows for the possibility of surplus property being made available to community groups and that groups interested in acquiring such a property are generally advised to seek the assistance of the local authority or relevant state body to whom the property could be transferred. It would then be a matter for the local authority/relevant state body to enter into its own arrangement with the community group in question.
In relation to the old courthouse on the Boghall Road, the Courts Service has been approached by a number of state and community groups in recent years seeking to acquire the property for other use. Currently the Court Service is exploring the possibility of transferring the property to the HSE with a view to it being made available to a youth mental health group operating in the North Wicklow Area.
58. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality her views on local concerns that there has been no provision for public parking at the new Letterkenny courthouse; and if parking will be provided for disabled persons at the new courthouse. [34166/16]
Amharc ar fhreagraAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the new courthouse, currently under construction in Letterkenny and being delivered by way of Public Private Partnership, will provide significantly improved facilities for all court users when it opens in late 2017. The building will be fully accessible and a drop-off area at the main public entrance is being provided.
The Courts Service has also informed me that, as a matter of course, the Courts Service does not provide parking for members of the public at courthouses and, as is the case at the existing courthouse in Letterkenny, there will be no public parking at the new courthouse. The Courts Service is aware that there are 6 public carparks containing 287 car park spaces, including disabled spaces, in close proximity to the new courthouse and that the appropriate provision of on-street parking for disabled persons in town centre locations is a matter for the local authority.
59. Deputy Margaret Murphy O'Mahony asked the Tánaiste and Minister for Justice and Equality the outstanding legislation that needs to be implemented in order to ratify the United Nations Convention on the Rights of Persons with Disabilities; if this legislation will be brought before the Houses of the Oireachtas before the end of 2016 as outlined in the programme for Government; and if she will make a statement on the matter. [34185/16]
Amharc ar fhreagraThe Interdepartmental Committee on the UN Convention of the Rights of Persons with Disabilities was reconvened in September 2014, and met four times to identify all barriers to Ireland’s ratification of the Convention and agree on legislative measures to overcome them. The result of this work was a roadmap to ratification, which was published on 21 October 2015 and which outlines the considerable legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated deadline of end-2016 for ratification. The Roadmap to Ratification, which is available on my Department's website, sets out the substantial legislative agenda required for ratification. Since publication of the Roadmap, work has continued on a bilateral basis between my Department and the other relevant Departments to progress each of the specific issues identified.
Considerable progress has already been made to overcome barriers to Ireland's ratification. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 commenced its second stage reading in the Dáil on 5 October. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.
Work is underway on drawing up an Equality/Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. It is intended that the Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty, as well as removing archaic references in existing legislation relating to mental health. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill is available on the Department's website. I expect to publish the Bill shortly so as to facilitate ratification of the Convention by end-2016.
60. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality the progress made to date with the review of the legislation underpinning the transfer of Irish prisoners from abroad to here; when this review will be completed; the priority being given to ensure that Irish persons sentenced abroad can serve their sentences here; when it is expected to have amending legislation enacted; and if she will make a statement on the matter. [34189/16]
Amharc ar fhreagraThe Deputy will be aware that on 12 July, 2016, the Supreme Court dismissed the State's appeal in the case known as 'O'Farrell, McDonald, Rafferty -v- The Governor of Portlaoise Prison'. The case concerns an appeal taken by the State against a judgement of the High Court ordering the release of the three named prisoners who had been transferred to Ireland from the UK where they had been sentenced, under the provisions of the Transfer of Sentenced Prisoners Acts, 1995-1997.
The judgement is detailed and has implications for the continuance in its present form of the process operated by the Irish Prison Service for transferring prisoners from other States to Ireland, and vice versa. The practical effect of this judgement and whether it will necessitate legislative and/or administrative changes is being examined by officials of the Irish Prison Service and my Department in consultation with Attorney General. Pending legal clarity on these issues, applications by prisoners abroad for transfer to Ireland cannot be processed to a conclusion at present. I am advised by the Irish Prison Service that all applicants and officials in the appropriate sentencing states are being informed of this position. Given the complex nature of the review being undertaken, it is not possible at this stage to indicate a time frame for its conclusion.
61. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the specific industry stakeholders, including private firms, that her Department has engaged with or received submissions from regarding the Gambling Control Bill, including the date of any meetings in tabular form; and if she will make a statement on the matter. [34205/16]
Amharc ar fhreagraI understand that the Deputy is interested in particular in the engagements with stakeholders that have occurred in the eighteen month period from May 2015 to November 2016.
There has been ongoing communication in this period with a number of interested parties including the Irish Bookmakers Association, the Licensed Gaming Association of Ireland, the Gaming and Leisure Association of Ireland, the Irish Amusement Trades Association, Problem Gambling Ireland and others.
I can also inform the Deputy that in the time period specified, formal written submissions relating to the Gambling Control Bill were received from the following organisations: GAA, Gaming and Leisure Association of Ireland and Irish Harness Racing Association. Details of meetings that have taken place with Departmental officials are outlined in the following table. I also met with the New York City Gaming Commission in July 2016.
|
Organisation |
Meeting date |
|
Gaming and Leisure Association of Ireland |
8 September 2016 - 9 March 2016 - 10 June 2015 |
|
Draft Kings |
30 August 2016 |
|
Gaming Laboratories International |
24 August 2016 |
|
Instinctif Partners |
29 February 2016 |
|
Comtrade |
18 November 2015 |
|
Irish Harness Racing Association |
11 November 2015 |
62. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality if she will provide funding for the issuing of bulletproof vests to each front-line garda; and if there is an estimated cost of same. [34223/16]
Amharc ar fhreagraAs the Deputy will be aware, decisions in relation to the provision and allocation of resources and equipment is a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
I am advised by the Garda authorities that all members of An Garda Síochána are provided with anti-stab/ballistic vests. I am further advised that such vests are purchased for new Garda members as and when they are required, with the most recent order being placed in September 2016.
63. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality if she will provide additional funding for the appointment of additional specialist personnel and equipment to the Garda computer crime unit. [34224/16]
Amharc ar fhreagra79. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the total number of personal engaged in cyber crime policing in An Garda Síochána per annum from 2010 to date in 2016, in tabular form; and if she will make a statement on the matter. [34361/16]
Amharc ar fhreagraI propose to take Questions Nos. 63 and 79 together.
As the Deputies will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts, and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that the allocation of resources is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.
I am informed by the Commissioner that, on foot of a review of the Computer Crime Investigation Unit (CCIU) under the Garda Síochána’s Modernisation and Renewal Programme 2016-2021, a dedicated Garda Cyber Crime Bureau has recently been established to ensure An Garda Síochána has the capacity and capabilities to deal with cyber crime and cyber security. The Garda Cyber Crime Bureau is headed up by a Detective Superintendent who will, in due course, be supported by two Detective Inspectors who will have responsibility for cyber crime and for computer forensics. I am also informed that regional cyber crime units will be established and that pilot regional units have already been established in the Southern and South-Eastern Regions to provide computer forensic services on a regional basis.
I understand that the allocation of additional and support staff for the Cyber Crime Bureau is ongoing. In this regard, in conjunction with the Garda College, a module on cyber crime investigation has been included in the training programme for all trainee Gardaí, with all other Garda personnel receiving training through the Continuous Professional Development network in cyber crime awareness and cyber crime investigation.
The Deputy will recall that an additional €205 million will be invested in Garda ICT infrastructure as part of the Government's Capital Investment Plan 2016-2021.
The following table details the number of personnel engaged in cyber crime policing for the years identified by the Deputy.
Garda Personnel engaged in Cyber Crime
|
2016 |
29 Garda Members* + 3 civilians |
|
2015 |
31 Garda Members + 3 civilians |
|
2014 |
30 Garda Members + 3 civilians |
|
2013 |
25 Garda Members + 2 civilians |
|
2012 |
22 Garda Members + 1 civilian |
|
2011 |
14 Garda Members + 1 civilian |
|
2010 |
14 Garda Members + 1 civilian |
*The figures provided include members of all ranks, up to and including the D/Superintendent.
64. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she is satisfied that the level of resources and experienced detective units allocated in the north central Garda district to deal with recent serious shooting incidents is sufficient in view of the serious nature of some criminal activity in the area; and if she will make a statement on the matter. [34227/16]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors, including crime trends, demographics and security assessments relating to the area in question so as to ensure that optimal use is made of Garda resources.
The area mentioned by the Deputy is patrolled by members assigned to the Dublin Metropolitan Region (DMR) North Central Division. I have been informed that as of the 30 September 2016, the latest date for which figures are readily available, there were 604 Gardaí assigned to the (DMR) North Central. For operational reasons it is not appropriate for me to comment on the strength of the detective units operating in the Division.
At the request of the Commissioner earlier this year, the Government moved decisively to strengthen Garda resources to deal with gang-related crime in the Dublin area. The Government approved some €55 million to maintain the necessary policing response to tackle gangland and associated crime. This funding provides for:
- concentrated policing targeting gang related crime;
- the continued intensive and strategic targeting of burglaries and related crime through ongoing support for Operation Thor; and
- continued support for measures against terrorism.
Funding was also approved for the establishment of a dedicated Armed Support Unit for the Dublin Metropolitan Region given the identified need to enhance armed support capability in Dublin and to free up the resources of the Emergency Response Unit. The Dublin Armed Support Unit is, as a matter of priority, in the process of being set up, following a selection process training has commenced and it expected that the unit will be operational next month. Steps are also being taken to ensure that the Unit is fully equipped and to upgrade the equipment available to the Emergency Response Unit and the Special Detective Unit.
I am informed by the Garda Commissioner that Operation Hybrid has been established to coordinate the response to violent crime in Dublin and address public safety concerns about community safety. As of 4 September 2016, there have been 38 arrests and 5 charges brought in connection with the recent shootings. In addition, 23 firearms have been seized and over 9,000 lines of enquiry conducted. In excess of 11,520 high visibility checkpoints have been implemented with significant support from Armed Support Units and a significant amount of CCTV footage, mobile phone traffic, and forensic evidence is also being examined. Operation Hybrid is reviewed on a weekly basis to maintain optimal impact.
For 2017, I have secured a further €71.5 million for Garda overtime which will facilitate the continuation of large scale policing operations including those targeting gangland crime and burglary.
Underpinning the measures outlined above is the Government’s intention to increase Garda numbers to 15,000. While in the short term substantial funds are being made available for overtime, measures are in train to accelerate the planned Garda recruitment programme, along with the recruitment of further civilian and specialist staff. In 2017 an extra 800 Gardai will be recruited as well as 500 civilian staff to ensure that the service is renewed and has the capacity to provide visible, responsive and effective policing to every community throughout the country.
