Written Answers Nos. 45-54
45. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 177 of 1 December 2016, if the INIS letter which issued in the case of a person (details supplied) will be reinstated with a view to a satisfactory resolution; and if she will make a statement on the matter. [3689/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it would appear that the person in question was outside the State when INIS issued its decision letter of 16 April, 2016 by registered post, to the applicant's last known address.
In my response to earlier Parliamentary Questions from the Deputy on 30 June, 2016 and on 01 December 2016, I advised the Deputy that the person in question should write to Unit 2, Residence Division, INIS and submit a full copy of their passport and that INIS would respond to them accordingly. However to date, INIS inform me that they have not received any correspondence from the person in question.
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 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 Parliamentary Question 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.
46. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [3690/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is under consideration and has not yet reached a conclusion.
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 it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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 established specifically 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.
47. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [3691/17]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to enter and reside in the State in September 2011 pursuant to an application for family reunification made on her behalf by the person's family member who is a recognised refugee in the State. Family members are granted family reunification for the purpose of entering the State and residing with the refugee. The permission granted is, in accordance with the provisions of the Refugee Act 1996, as amended, in line with the refugee's permission and the subject of the family reunification application must be accompanied by the refugee when registering their permission to reside in the State with the Burgh Quay Registrations Office, INIS, 13-14 Burgh Quay, Dublin 2 or, should the person reside outside of Dublin, with the Immigration Officer at his/her local Garda station.
In circumstances where the refugee is no longer resident in the State, the permission granted to family members pursuant to an application for Family Reunification would have to be reconsidered as the conditions under which the permission was granted no longer exist.
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 established specifically 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.
48. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [3693/17]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State on 22 January 2007. They registered as a student in the State on 1 February 2007 and their final student permission in the State was granted on 31 January 2014.
This person was granted Stamp 1 for four months, commencing on 22 October 2014. This afforded them the opportunity to apply for an Employment Permit to the Department of Jobs, Enterprise and Innovation. This person never registered this permission with the Garda National Immigration Bureau.
On 23 March 2016, the person applied for a further permission to remain in the State. This request was refused on 8 June 2016 on the basis that the person had completed their 7 years on the Student Pathways. Further correspondence was received on 12 August 2016 and 10 October 2016 and will be examined in due course.
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 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 Parliamentary Question 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.
49. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of eligibility for update of a residency card in the case of a person (details supplied); and if she will make a statement on the matter. [3696/17]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State on 7 November 2008 and registered as a student on 21 November 2008. Their Stamp 2 permission expired on 28 February 2016. They were subsequently granted the Irish Graduate Scheme, Stamp 1G permission until 30 August 2016. The purpose of this permission is to enable the persons concerned to apply for a work permit. A person may only avail of the Irish Graduate Scheme once.
I have also been informed that the person concerned subsequently made a separate application in 2016 for permission to remain in this State. This application does not fall under the Irish Third Level Graduate Scheme. I understand that this distinct application is under consideration and INIS will be in contact in due course.
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 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 Parliamentary Question 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.
50. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current or expected residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [3697/17]
Amharc ar fhreagraIf the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 26 of the International Protection Act 2015.
The International Protection Act 2015, which repealed the Refugee Act, 1996, was commenced on 31 December 2016 and introduced new arrangements for the investigation and determination of applications for International Protection (refugee status and subsidiary protection) and cases involving permission to remain in the State. Such applications will now be processed as part of a single application procedure by the International Protection Office.
As the Deputy may be aware, the Irish Naturalisation and Immigration Service (INIS) wrote to all applicants in December 2016 to advise them that, insofar as it is required under the transitional requirement in the 2015 Act, they (INIS) would be in touch with them in January 2017 if the new procedures in the 2015 Act applied to their existing application or appeal. Applicants were also advised that they might be asked at that time to provide additional information to assist in the processing of their application.
Applicants for international protection are issued with a temporary residence certificate pending determination of their application.
The question of naturalisation does not currently arise in respect of the person whose details were supplied.
51. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which pay demands in the public and private sectors are likely to impact on the growing economy to a negative or positive extent in the future; and if he will make a statement on the matter. [3706/17]
Amharc ar fhreagraProjections published by my Department in Budget 2017 anticipate growth in the overall pay bill (both private and public combined) of 4.9 per cent in 2017. This comprises growth in average pay of 2.7 per cent and employment growth of 2.1 per cent. Pay bill growth is projected to average 5.4 per cent per annum in each year thereafter, with average pay expected to grow at just over 3 per cent per annum. This outlook is consistent with the industrial relations commitments made under the Lansdowne Road Agreement.
To the extent that wage pressures exceed these projections, this could be expected to boost consumption and overall price levels in the near term. However, to the extent that such higher pay rates result in a loss of competitiveness, any positive impact will be offset by lower overall economic activity and lower numbers employed.
Work published previously by my Department titled 'Quantification of the economic impacts of selected structural reform in Ireland', (http://www.finance.gov.ie/what-we-do/economic-policy/publications/reports-research/previous-years/quantification-economic) indicates that a 1 percentage point wage shock which is not offset by a corresponding rise in productivity, could be expected to reduce the level of real output (GDP) by 1/4 percentage point (pp) within 7 years, add 1pp to the rate of unemployment, and reduce the number of people employed by some 0.4 percentage points.
Given downside risks within the international context, it is imperative that wage developments should be commensurate with trends in productivity (output per person employed) over the coming years, in order to avoid a deterioration in Ireland's competitiveness.
May I remind the Deputy that public sector pay is primarily a matter for the Minister of Public Expenditure and Reform.
52. Deputy Bernard J. Durkan asked the Minister for Finance the degree to which his Department monitors the impact of Brexit on the public and private sectors here with a view to addressing any issues; and if he will make a statement on the matter. [3707/17]
Amharc ar fhreagraMy Department has been assessing and preparing for the impact of Brexit since well before the referendum on 23 June 2016. Work was carried out in my Department to assess the potential economic implications arising, including through the ESRI-Department of Finance research programme study published in November 2015 titled 'Scoping the Possible Economic Implications of Brexit on Ireland'.
Since the referendum, my Department has been closely monitoring developments at both the macro and sectoral level. Early macroeconomic indicators suggest that the immediate impact from the UK decision is more muted then initially anticipated. In particular, third quarter national accounts data provide clear evidence of continued momentum in the economy with GDP increasing by 6.9 per cent year-on-year.
In relation to the public finances, the recent end-year Exchequer data would also indicate that we remain on course to record a deficit of 0.9 per cent of GDP for 2016.
However, it is important to note that the impact of the UK decision is likely to materialise with a lag. As a result, my Department lowered its Budget 2017 GDP growth forecast for this year by approximately ½ percentage point reflecting the outcome of the referendum.
My Department will continue to closely monitor developments and will publish updated macroeconomic and fiscal forecasts as part of the Stability Programme Update, in April this year.
In addition, my Department published detailed analysis of sectoral exposure to Brexit across the economy. This showed that the sectors most impacted by Brexit are generally small scale indigenous enterprises, with high levels of regional employment, relatively low profit levels, that are highly linked to the rest of the economy. In terms of indigenous sectors Food and Beverage and Traditional Manufacturing are highly dependent on the UK both as a source of exports and for overall turnover.
Ireland's exposure to the UK is not isolated to the indigenous sectors, with, for example, pharmaceutical manufacturing, financial and ICT services having a substantial export relationship with the UK. Certain other services sectors such as the indigenous Tourism and Hospitality sector (which is heavily dependent on UK tourists) will be equally exposed to the competitiveness challenges posed by the recent appreciation of the euro-sterling bilateral rate.
On the basis of all the analysis a number of measures were announced in Budget 2017 with a view to making Ireland Brexit ready.
It is important to stress that the best and most immediate policy under the Government's control to counter the likely negative economic impacts of Brexit is to prudently manage the public finances in order to ensure that Ireland's economy continues to remain competitive in the face of future economic headwinds.
In this context, Budget 2017 signalled a lower debt target of 45 per cent of GDP for the mid-to-late 2020s. This will help to provide an additional fiscal 'shock absorber' capacity to the public finances to help withstand any shock including the impact of Brexit. This will complement the contingency or 'rainy day' fund to be established following the achievement of a balanced budget in 2018 which will help provide a further counter-cyclical buffer.
53. Deputy David Cullinane asked the Minister for Finance if there is a statutory obligation on an insurance company to insist on the signature of a person who is in the advanced stages of Alzheimer's disease to a form in relation to the Finance Act 2016 even when the person is not in a situation to sign the form; and if he will make a statement on the matter. [3552/17]
Amharc ar fhreagraI understand that this question relates to aspects of section 14 of the Finance Act 2016, which made a number of amendments to the pension-related provisions of the Taxes Consolidation Act (TCA) 1997. I introduced these changes in order to close off certain tax-planning opportunities involving the use of Retirement Annuity Contracts (RACs) and Personal Retirement Savings Accounts (PRSAs).
In providing very generous tax relief on contributions to private pension arrangements, the quid pro quo is that when benefits are paid from the arrangements they are, generally, taxed at the owner's marginal rate. The tax planning that was taking place involved the RAC or PRSA owner never maturing or vesting the contracts involved so that the pension benefits were never paid out. The RAC or PRSA could pass to the owner's spouse or civil partner on death in a tax-free manner and, as no benefits had been drawn down, no benefit crystallisation event (BCE) arose which could give rise to a tax known as chargeable excess tax if the owner's overall retirement benefits exceeded the life-time Standard Fund Threshold (SFT) limit of €2 million or a higher Personal Fund Threshold (PFT) limit if the individual had one.
The changes made in the Finance Act 2016 ensure that all RAC and PRSA contracts will, in future, be deemed to vest no later than the owner's 75th birthday. The amendments also include transitional arrangements to provide that, in situations where the RAC or PRSA owner had attained the age of 75 years before the date on which the Finance Act 2016 passed into law i.e. 25 December 2016, their RAC or PRSA is deemed to vest on that date.
A key feature in ensuring that these anti-avoidance provisions work is that the administrator of the RAC or PRSA pension arrangement in question must have the necessary information to determine if the deemed vesting of the arrangement brings the value of the individual's lifetime pension benefits over the SFT or PFT limit, so that any chargeable excess tax arising can be determined and paid over to Revenue. To that end, the legislation (section 787R(5A)(b) TCA 1997) requires all RAC or PRSA owners whose arrangements are deemed to vest on their 75 birthday or 25 December 2016, as appropriate, to provide a declaration to their pension fund administrator setting out the value of any prior pension benefits taken by the individual from other pension arrangements. The declaration has to be provided within 30 days of the deemed vesting of the RAC or PRSA. Where a declaration is not made, the legislation requires the administrator to assume that the individual has already "used up" their SFT or PFT limit, as appropriate, and to subject the entire value of the RAC or PRSA to chargeable excess tax at 40%. It should be noted that the legislation provides that Revenue will make any necessary adjustments where it subsequently transpires that some or all of the value of the pension arrangement should not have been charged to tax.
While the onus is on the individual RAC or PRSA owner to provide the declaration to their pension fund administrator, regardless of whether the administrator requests them to do so, I understand that administrators have taken the initiative to identify and contact clients who may come within the deeming provisions of the legislation, requesting them to provide the necessary declaration. It may be in this context, that the Deputy's constituent has been approached by the Insurance Company concerned seeking a signed declaration.
I am pleased to advise the Deputy that officials from my Department and Revenue met with representatives of Insurance Ireland during the passage of Finance Act 2016 to consider aspects of the new legislation including concerns regarding older vulnerable clients who might not be in a position to meet their obligations due, for example, to ill health. I understand that it was agreed that Revenue would address any such difficulties, brought to their attention by member companies, on a case by case basis. I am informed that this position was subsequently communicated by Insurance Ireland to its members.
In the circumstances, therefore, I would suggest that the Deputy arrange to have the relevant details relating to this case communicated to Revenue at Financial Services (Pensions), Large Cases Division, Office of the Revenue Commissioners, Ballaugh House, 73-79 Lower Mount Street, Dublin 2, D02 PX37, email lcdretirebens@revenue.ie, so that Revenue can address the issue directly with the insurance company concerned.
54. Deputy Pearse Doherty asked the Minister for Finance the expenses occurred to date, and to whom the fees, etc., were paid, as a result of the decision to appeal the EU ruling on a case (details supplied), including any expenses incurred as a result of advice sought regarding the decision to appeal the decision, in tabular form; and if he will make a statement on the matter. [3555/17]
Amharc ar fhreagraIn August 2016, the European Commission announced that they had reached a negative decision in the Apple State Aid investigation. This Final Decision was later published in December 2016.
The Government disagrees profoundly with the Commission's analysis and will now challenge the Commission's decision before the European Courts. This is necessary to defend the integrity of our tax system; to provide tax certainty to business; and to challenge the encroachment of EU state aid rules into the sovereign Member State competence of taxation.
This issue is a priority matter for the State and the Irish authorities engaged fully with the Commission throughout the process. This has involved a significant degree of legal and technical complexity, and additional expertise has been engaged where required.
During the investigation, detailed and comprehensive responses were provided to the Commission to demonstrate that the appropriate amount of Irish tax was charged in accordance with the relevant legislation, that no selective advantage was given and that there was no State Aid.
This has continued in 2016 with the annulment application that has now been lodged in the General Court of the European. Expertise has also been engaged in respect of the recovery process.
Over the past three years approximately €1.85 million has been paid in total, including VAT. This includes all legal costs, consultancy fees and other associated costs. These have been paid by the Department of Finance, the Revenue Commissioners, the Attorney General's Office and the Chief State Solicitor's Office.
The following table provides an outline of the total fees paid to each advisor (inclusive of VAT), on a yearly basis, since 2013.
Table 1.1
|
Advisor |
2013 |
2014 |
2015 |
2016 |
2017 |
Total |
|
Eurotext |
- |
€1,249.68 |
€7,782.38 |
€31,874.91 |
- |
€40,906.97 |
|
Philip Baker QC |
- |
€49,183.43 |
€151,761.23 |
€66,525.76 |
- |
€267,470.42 |
|
Mary Walsh |
- |
€3,075.00 |
- |
€3,075.00 |
||
|
Aoife Goodman BL |
- |
€23,763.00 |
€55,052.34 |
€29,761.08 |
- |
€108,576.42 |
|
Maurice Collins SC |
- |
€25,461.00 |
€89,184.23 |
€45,003.73 |
- |
€159,648.96 |
|
Hogan Lovells |
- |
€3,936.00 |
- |
- |
€3,936.00 |
|
|
James Byrne BL |
- |
- |
- |
€961.24 |
- |
€961.24 |
|
Word Perfect Translations |
- |
- |
- |
€4,273.46 |
- |
€4,273.46 |
|
William Fry |
- |
- |
- |
€206,667.81 |
- |
€206,667.81 |
|
Ciaran Ó hÓgartaigh |
- |
- |
- |
€3,874.00 |
- |
€3,874.00 |
|
Conor Quigley QC |
- |
- |
- |
€58,537.93 |
- |
€58,537.93 |
|
Denis McDonald SC |
- |
€9,332.26 |
€27,822.60 |
€53,920.74 |
- |
€91,075.60 |
|
Barry Doherty BL |
€4,113.12 |
€66,060.15 |
€1,230.00 |
€141,656.34 |
- |
€213,059.61 |
|
John Cooke SC |
- |
- |
€5,060.00 |
- |
€5,060.00 |
|
|
PWC Belgium |
- |
€327,057.00 |
€268,343.38 |
- |
€595,400.38 |
|
|
Brian Murray SC |
- |
- |
€36,469.50 |
- |
€36,469.50 |
|
|
Benedict O'Floinn BL |
- |
- |
€49,193.85 |
- |
€49,193.85 |
|
|
Total |
€4,113.12 |
€182,060.52 |
€659,889.78 |
€1,002,123.73 |
- |
€1,848,187.15 |
