Wednesday, 24 May 2017

Written Answers Nos 82-102

Garda Deployment

Ceisteanna (82)

Fiona O'Loughlin

Ceist:

82. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the number of armed gardaí policing airports currently; and if she will make a statement on the matter. [24814/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that Garda personnel assigned throughout the country, together with the overall policing arrangements and operational strategies are continually monitored and reviewed. Such monitoring ensures that optimum use is made of resources and the best possible policing service is provided to the general public.

The Garda authorities will continue to take all necessary security measures proportionate to the level of terrorist threat and all the relevant agencies here co-operate closely in respect of any threats identified. The Deputy will understand, of course, that the detail of such security measures, including the number and nature of Gardaí assigned to particular areas, cannot be disclosed publicly for obvious reasons. An Garda Síochána has developed considerable operational capacities in countering terrorism and in responding to critical incidents. There is, in particular, a highly trained and well-equipped special intervention capability in the Emergency Response Unit that is supported by the regional Armed Support Units and the range of other resources across the Garda organisation. In addition, the considerable skills and resources of the Defence Forces are also available in support where needed.

While there are a number of persons here whose activities in support of extremism give rise to concern they will continue to be monitored closely by the Garda authorities and all appropriate measures will be taken in this regard.

Garda Deployment

Ceisteanna (83)

Fiona O'Loughlin

Ceist:

83. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the number of community gardaí currently assigned to the Kildare division; and if she will make a statement on the matter. [24815/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As 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. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division. The Commissioner has advised that all Gardaí, not simply designated Community Gardaí have a role to play in addressing community policing issues as and when the need arises and, in that sense, community policing involves far more than a single unit within An Garda Síochána.

I am further informed by the Commissioner that, as of the 31 March 2017, there were 323 Garda including 4 Community Garda together with 22 Garda Reserves attached to the Kildare Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community – both urban and rural – has its own concerns and expectations. In this regard I welcome the strong emphasis placed by the Garda Commissioner's Modernisation and Renewal Programme 2016-2021 on further developing and supporting the community policing ethos of the organisation so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. Proposed initiatives include the establishment of local Community Policing Teams (CPTs) headed by an Inspector and made up of Gardaí from across a range of areas to proactively work with the community to prevent and detect crime; and the establishment of Community Safety Fora in every District comprising local Gardaí, local communities and key stakeholders.

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. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. This year, 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. Funding has also been provided for the recruitment of 300 Garda Reserves.

This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that just under 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide 50 of whom have been assigned to the Kildare Division. I am also informed that another 600 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.

This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí including Community Gardaí across every Garda Division in the coming years. To ensure a continuous pipeline of candidates a new recruitment drive was launched by the Commissioner earlier this month with a closing date of 1 June. The competition is being undertaken by the Public Appointment Service on behalf of the Commissioner and applications should be made to www.publicjobs.ie.

This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.

Garda Equipment

Ceisteanna (84, 85)

Denise Mitchell

Ceist:

84. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality if she will provide the necessary funding to replace the Osprey rigid inflatable boat for the Garda water unit, in view of the fact it is over 20 years old. [24836/17]

Denise Mitchell

Ceist:

85. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality if she will provide the necessary funding to replace one of the Zodiac inflatable boats for the Garda water unit which is over 17 years old. [24837/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 84 and 85 together.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions, including the Garda water unit and I, as Minister, have no direct role in the matter. I am, however, assured that Garda management keeps these resources under continual review so as to ensure that they are fit for purpose in the context of operational needs.

I understand that the Garda Water Unit provides a full dive and marine capability throughout the State and responds to requests for assistance from within An Garda Síochána and other relevant agencies. It has at its disposal two patrol boats, four rigid inflatable boats and nine inflatable boats.

I have been informed by the Garda authorities that the osprey rigid inflatable vessel referred to by the Deputy is currently undergoing a refit in respect of navigation and communication equipment and that this is in addition to significant refurbishment of the vessel in recent years. I have been further informed that all of the boats currently allocated to the Garda Water Unit meet the present requirements of the Unit and that the equipment fitted on the boats is regularly serviced and upgraded when necessary.

Garda Transport Data

Ceisteanna (86)

Denise Mitchell

Ceist:

86. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality the number of extra marked and unmarked Garda cars and vans allocated to the Garda district R in 2016 and to date in 2017; and the number of vehicles in this district which were withdrawn during the same period. [24838/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will be appreciate decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter.

I have asked the Garda Commissioner for the specific information requested and when it is to hand I will inform the Deputy accordingly.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 86 for answer on 24th May, 2017, in which you requested details regarding Garda vehicles allocated and withdrawn in Dublin 'R' District during the periods 2016 and to date.

As you will recall, the information you requested could not be obtained in the time available.

I have been advised by the Garda authorities that the Garda 'R' District is part of the Dublin Metropolitan Region (DMR) North Division and that there are some 115 vehicles allocated to the Division. The allocation of Garda vehicles is monitored and reviewed on a continual basis by An Garda Síochána. I am further advised by the Garda authorities that the responsibility for the efficient deployment of all official Garda vehicles in the DMR is assigned to Assistant Commissioner DMR, who may allocate vehicles between stations as required by operational requirements.

The following table outlines details of additional cars and vans allocated to, and those decommissioned from the DMR North Division and the 'R' District in 2016 and to date in 2017.Additional Cars and Vans allocated in the DMR North Division in 2016 and to date in 2017:

Year	Marked Cars	Unmarked Cars	Marked Vans	Unmarked Vans	Total Vehicles
2016	2	6	6	3	17
2017	0	2	0	0	2

Cars and Vans Decommissioned in the DMR North Division in 2016 and to date in 2017:

Year	Marked Cars	Unmarked Cars	Marked Vans	Unmarked Vans	Total Vehicles
2016	3	11	4	0	18
2017	0	4	0	3	7

The following table provides details of the additional cars and vans allocated to, and those decommissioned in the R District in 2016 and to date in 2017.Cars and Vans allocated to the R District in 2016 and to date in 2017:

	CARS		VANS		Total
Year	Marked	Unmarked	Marked	Unmarked
2016	0	1	1	0	2
2017	1	2	0	0	3

Cars and Vans Decommissioned in the R District in 2016 and to date in 2017:

	CARS		Vans		Total
Year	Marked	Unmarked	Marked	Unmarked
2016	2	3	0	0	5
2017	1	3	0	0	4

I trust this information is of assistance.

Visa Applications

Ceisteanna (87)

Bernard Durkan

Ceist:

87. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of a visa renewal in the case of a person (details supplied); and if she will make a statement on the matter. [24839/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State in September 2007 and that their last student permission expired on 4 October 2016.

Their request for permission to remain in the State is currently under consideration and a decision will issue to them in the very near future.

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.

Road Traffic Accidents Data

Ceisteanna (88, 89, 90, 91)

Thomas P. Broughan

Ceist:

88. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of road traffic collisions involving drivers in the emergency services, namely gardaí, ambulance drivers, those working for the various fire brigades and ministerial drivers, there have been in each of the years to 2011 to 2016; the number of these road traffic collisions that resulted in a fatality; the number of these road traffic collisions that resulted in a serious injury; the number of these road traffic collisions that resulted in an injury; and if she will make a statement on the matter. [24907/17]

Thomas P. Broughan

Ceist:

89. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of road traffic collisions involving a member of An Garda Síochána in which the officer was driving under chief's permission in each of the years 2011 to 2016; and if she will make a statement on the matter. [24908/17]

Thomas P. Broughan

Ceist:

90. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the cost to the State to settle claims arising from road traffic collisions involving drivers in the emergency services, namely gardaí, ambulance drivers, those working for the various fire brigades and ministerial drivers, in each of the years 2011 to 2016; and if she will make a statement on the matter. [24909/17]

Thomas P. Broughan

Ceist:

91. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if the State Claims Agency issued any guidance, report, directive or instruction to the emergency services or individual State arms, such as gardaí, instructing that a particular approach be taken to driving while on duty in each of the years 2011 to 2016; if so, if a copy of that report can be made available; and if she will make a statement on the matter. [24910/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 88 to 91, inclusive, together.

I have requested a report from the Garda authorities in relation to the matters raised by the Deputy. An Garda Síochána has provided the following table, which sets out the cost to the State to settle claims arising from road traffic collisions involving drivers in the emergency services from 2011 to 2016:

Year	Amount
2011	€2,656,579
2012	€1,998,237
2013	€3,292,628
2014	€2,208,168
2015	€2,251,158
2016	€2,813,719

I will contact the Deputy directly on receipt of a further Garda report relating to the additional matters raised by the Deputy.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 89 for answer on Wednesday, 24 May, 2017, in which you asked "the number of road traffic collisions involving a member of An Garda Síochána where the officer was driving under the chief's permission in each of the years 2011 to 2016".

As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you directly on receipt of a report from An Garda Síochána.

I am informed by the Garda authorities that the following table details the number of road traffic collisions involving members driving on Chief's Permission from 2013 to 2016. I am advised by An Garda Síochána that the figures prior to 2013 are not available.

Please note that these statistics are provisional, operational and liable to change and are valid as of 24 May 2017.

With regard to Parliamentary Question No. 91 which was also due for answer on Wednesday, 24 May 2017, I have no responsibility for the issuing of 'guidance, report, directive or instruction' documents by the State Claims Agency. However, to be of assistance, I have forwarded your query to that Agency for attention and direct reply.

I hope this information is of assistance.

The number of road traffic collisions involving members of An Garda Síochána who were driving on the Chief's Permission from 2013 to 2016.

Year	Number of Road Traffic Collisions involving members of An Garda Síochána driving with Chief's permission*
2013	118
2014	114
2015	75
2016	54

*Figures are provisional, operational and liable to change and are valid as of 24 May 2017.

Legal Aid Service

Ceisteanna (92)

Brendan Smith

Ceist:

92. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality her plans to restrict the availability of free legal aid to repeat offenders or to make such recipients of free legal aid liable to make some repayments to the State in view of the costs incurred; and if she will make a statement on the matter. [24920/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy is aware the Criminal Legal Aid Scheme is a vital element of the criminal justice system. The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. An applicant's previous convictions are not a criterion for access to legal aid under the Act. I have no function in these matters which are determined by the judiciary.

These provisions must have regard to the right to a fair trial, including the provision of legal aid where appropriate, which is a Constitutional right upheld by the courts in a number of judgments. The Supreme Court ruling in the case of State (Healy) v Donoghue [1976]I.R. 325 effectively determined that the right to criminal legal aid is, in circumstances which are quite wide in practice, a Constitutional right. Article 6(3)(c) of the European Convention on Human Rights states that "Everyone charged with a criminal offence has [the right] to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require".

As the Deputy will be aware, an accused person is entitled to a presumption of innocence and legal representation and any obstacles to obtaining necessary legal aid which were found to be unreasonable could give a defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.

Work on the preparation of a draft General Scheme of a Criminal Justice (Legal Aid) Bill is at an advanced stage in my Department. The key purpose of the legislation is to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to give effect to Government Programme commitments in respect of criminal legal aid, including introducing a more rigorous and objective means testing system for criminal legal aid, provision for contributions, and new sanctions. It is my intention to seek approval of Government for the General Scheme of the Bill and submit it to the Oireachtas for pre-legislative scrutiny as early as is practicable.

Visa Data

Ceisteanna (93)

Catherine Murphy

Ceist:

93. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of long-stay join family single entry D visas issued in 2015 and 2016 and to date in 2017; the number of refusals for same; the average processing time; the process involved in processing this category; the number issued on a country basis; and if she will make a statement on the matter. [24989/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the tables set out the position in relation to the ten highest number of applications by nationality and a combined figure for all other nationalities (up to 90) for the years requested by the Deputy.

I am further advised by INIS that the time taken to complete "join family" visa applications in the Dublin Visa office where all necessary information is available to the Visa Officer is currently 5 months. This is within the business target time of 6 to 12 months for this type of visa application. Applications processed in the seven Visa Offices abroad generally have a shorter processing time.

While every effort generally is made to process these applications as soon as possible, processing times will vary having regard to the volume of applications, their complexity, the possible need to investigate, enquire into, or seek further information in relation to certain applications, and the resources available. Any delays in achieving the business target are primarily related to the processing of more complex cases where the provision of additional documentation is requested or where detailed assessments of family rights under the Constitution and the European Convention on Human Rights are required.

Further information on the application process is available on the INIS website at - http://www.inis.gov.ie/en/INIS/Pages/Join%20Family

2015

	Decided	Granted	Refused
India	1,448	1,408	40
Pakistan	600	529	71
Saudi Arabia	388	388	0
People's Republic of China	379	349	30
Philippines	329	288	41
Nigeria	199	135	64
Ukraine	173	172	1
Egypt	166	150	16
Russian Federation	151	148	3
Sudan	138	136	2
Others	1,329	1,129	200
Total	5,300	4,832 (91%)	468 (9%)

2016

	Decided	Granted	Refused
India	1,934	1,913	21
Pakistan	515	487	28
Saudi Arabia	512	507	5
People's Republic of China	385	376	9
Egypt	290	277	13
Nigeria	222	151	71
Philippines	202	194	8
Sudan	164	163	1
Russian Federation	150	147	3
Ukraine	99	94	5
Others	1,323	1,153	170
Total	5,796	5,462 (94%)	334 (6%)

2017 (up to 22 May)

	Decided	Granted	Refused
India	713	700	13
Pakistan	371	300	71
Philippines	118	94	24
People's Republic of China	115	108	7
Egypt	84	82	2
Saudi Arabia	76	76	0
Nigeria	75	62	13
Sudan	60	60	0
Syrian Arab Republic	48	44	4
Bangladesh	46	42	4
Other	460	401	59
Total	2,166	1,969 (91%)	197 (9%)

Flood Risk Insurance Cover Provision

Ceisteanna (94)

Imelda Munster

Ceist:

94. Deputy Imelda Munster asked the Minister for Finance the procedures in place to ensure that persons do not experience difficulties in obtaining and retaining insurance cover on their properties, in view of the fact that they are built on an area which has long been acknowledged as a flood plain. [24834/17]

Freagraí scríofa

Minister for Finance

I am conscious of the difficulties that the absence or withdrawal of flood insurance cover can cause to householders and businesses alike, and that is one of the reasons the Government has been prioritising investment in flood defences over the last number of years in order to minimise the risk of flooding.

However, the provision of insurance cover and the price at which it is offered is a commercial matter for insurance companies and is based on an assessment of the risks they are willing to accept and adequate provisioning to meet those risks.  In my role as Minister for Finance, I have responsibility for the development of the legal framework governing financial regulation, and neither I, nor the Central Bank of Ireland, can interfere in the provision or pricing of insurance products or have the power to direct insurance companies to provide flood cover to specific individuals or businesses.  This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products.

Government policy in relation to flooding is focused on the development of a sustainable, planned and risk-based approach to dealing with flooding problems.  This in turn should lead to the increased availability of flood insurance.  To achieve this aim, there is a focus on:

- prioritising spending on flood relief measures by the Office of Public Works (OPW) and relevant local authorities,

- development and implementation of plans by the OPW to implement flood relieve schemes, and

- improving channels of communication between the OPW and the insurance industry in order to reach a better understanding about the provision of flood cover in marginal areas.

Finally, as the Deputy will be aware, a consumer can make a complaint to the Financial Services Ombudsman in relation to any dealings with a Financial Services or Insurance provider during which they feel they have been unfairly treated.  In addition, individuals who are experiencing difficulty in obtaining flood insurance and believe that they are being treated unfairly may contact Insurance Ireland which operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to insurance.

Property Tax Data

Ceisteanna (95)

Fiona O'Loughlin

Ceist:

95. Deputy Fiona O'Loughlin asked the Minister for Finance the amount collected in local property tax in County Kildare in each of the years 2013 to 2016 and to date in 2017; and if he will make a statement on the matter. [24816/17]

Freagraí scríofa

Minister for Finance

I am advised by Revenue that the most recently available information relating to Local Property Tax (LPT) can be found on the statistics webpage of the Revenue website at http://www.revenue.ie/en/about/statistics/local-property-tax.html, including LPT collected in respect of County Kildare. This includes LPT collected for the years 2013 to 2016 and the first quarter of 2017.

Motor Insurance Coverage

Ceisteanna (96)

Fiona O'Loughlin

Ceist:

96. Deputy Fiona O'Loughlin asked the Minister for Finance the steps he will take to include a driver's experience abroad when applying for insurance upon returning here; and if he will make a statement on the matter. [24817/17]

Freagraí scríofa

Minister for Finance

As Minister for Finance, I am responsible for the development of the legal framework governing financial regulation. Neither I nor the Central Bank of Ireland can interfere in the provision or pricing of insurance products, as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept. This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products. Consequently, I am not in a position to direct insurance companies as to the pricing level that they should apply to particular categories of individuals.

Notwithstanding the above, I am aware of the matter raised by the Deputy. I established the Cost of Insurance Working Group and appointed Minister of State Eoghan Murphy as Chair. The Report on the Cost of Motor Insurance was published in January 2017. It contains 33 recommendations and 71 actions which are detailed in an action plan contained in the Report with agreed timelines for implementation. Recommendation 6 of the Report, in particular, aims to address the problems faced by returning emigrants regarding the recognition of no claims bonuses through the introduction of a standard protocol for insurance providers, to ensure a greater consistency of treatment for returning emigrants. This is required to be in place by the end of 2017.

Also the Deputy should note that by Q2 2017, insurers are being asked to implement procedures when pricing a policy to enable the acceptance of driver experience from abroad when a person has previous driving experience in Ireland and is coming from a country that drives on the left side of road. By Q4 2017, insurers are being asked to implement a similar procedure in relation to experience gained in a country that drives on the right hand side of the road. Insurance Ireland will submit a report to my Department on the implementation of these procedures in Q2 and Q4 2017.

Motor Insurance

Ceisteanna (97)

Noel Grealish

Ceist:

97. Deputy Noel Grealish asked the Minister for Finance the intended composition of the forum for consumer and business interests in respect of motor insurance under action point nine in the report on the cost of motor insurance in tabular form; if a group (details supplied) will be the sole representative of the insurance business or if it is his plan to specifically include brokers as a key part of the insurance sector on the consumer side; and if he will make a statement on the matter. [24841/17]

Freagraí scríofa

Minister for Finance

In fulfilment of Recommendation 9 in the Action Plan of the Report on the Cost of Motor Insurance, Insurance Ireland set up the consumer and business forum in March and invited relevant stakeholders to the first of its biannual meetings. 

This meeting, which was opened by the Minister of State, Eoghan Murphy T.D., took place on May 16 and was attended by representatives from:

Insurance Ireland

Department of Finance

Central Bank of Ireland

Financial Services Ombudsman

Competition and Consumer Protection Commission

Consumers’ Association of Ireland

The Report recommends that the forum is “industry-led” and consequently this explains why Insurance Ireland as the main representative body for insurance providers - with 95% of those companies operating within the country being members - were tasked with organising it. 

The first meeting concentrated on the motor insurance sector but it is intended to broaden the scope of the forum, both in terms of the types of insurance to be discussed and the range of participants therein.  In this regard, consideration will be given to inviting representation from insurance brokers such as, for example, the Irish Brokers Association, who were consulted with by the Cost of Insurance Working Group in the course of producing the Report on the Cost of Motor Insurance.

It is believed that putting in place a structured approach for ongoing engagement between the insurance industry and relevant stakeholders will improve the quantity and quality of communication between providers and consumers, producing a deeper understanding of the pertinent sectorial issues on both sides.

Financial Services Ombudsman

Ceisteanna (98)

Noel Grealish

Ceist:

98. Deputy Noel Grealish asked the Minister for Finance his plans to strengthen the role of the Financial Services Ombudsman to prevent financial institutions appointing receivers and taking court action on housing properties while such properties are under investigation by the ombudsman for final legally binding determination; and if he will make a statement on the matter. [24842/17]

Freagraí scríofa

Minister for Finance

I understand from the Financial Services Ombudsman (FSO) that if a Receiver is appointed by the lender, either before a complaint is made to the FSO, or after the FSO has begun dealing with the matter, the appointment of the Receiver will not impede the mediation, investigation or adjudication of the complaint by the FSO.

In that event, the FSO will investigate whether the mortgage deed in place permitted the appointment of a Receiver, and secondly whether it was reasonable and fair for the lender, at the particular point in time, and in the overall circumstances, to proceed with the appointment of a Receiver.

If the FSO upholds the complaint and takes the view that it was wrongful of the lender to have appointed a Receiver, the FSO can direct compensation of up to €250,000 and/or direct such rectification as considered to be appropriate in the circumstances.

While a consumer may not make a complaint if the conduct complained of is or has been the subject of legal proceedings, the FSO may accept a complaint against a financial services provider who has begun legal proceedings if the FSO reasonably suspects that the provider began the proceedings in order to prevent the making of the complaint or to frustrate or delay the investigation.

It is my intention that these existing provisions will be mirrored in the legislation to amalgamate the Financial Services Ombudsman and the Pensions Ombudsman currently before the House.

Disabled Drivers and Passengers Scheme

Ceisteanna (99)

Michael McGrath

Ceist:

99. Deputy Michael McGrath asked the Minister for Finance his plans to review the qualifying criteria for the disabled drivers and disabled passengers scheme and the primary medical certificate which underpins it; and if he will make a statement on the matter. [24968/17]

Freagraí scríofa

Minister for Finance

The 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 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 fuel grant provided for members of the Scheme, the Scheme represented a cost of €65 million in 2016. This does not include the revenue foregone to the Local Government Fund in 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 and that the relief has been maintained 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.

Banking Operations

Ceisteanna (100)

Catherine Murphy

Ceist:

100. Deputy Catherine Murphy asked the Minister for Finance if he will confirm that a loophole, known as the incurred loss model, which allows banks to hide losses by recognising loans at amounts above the amount the bank expects to recover will not be used in view of the fact that he plans to sell a portion of a bank (details supplied); if will ensure that this bank will reveal details of all losses in its forthcoming prospectus; and if he will make a statement on the matter. [24984/17]

Freagraí scríofa

Minister for Finance

As the Deputy is aware, I have no role in the day-to-day management or financial reporting of any bank in which the State is a shareholder. The financial reporting obligations, accounting practices and publication of financial results are matters solely for the Board and Management of each institution.

AIB produces detailed, externally audited accounts in line with international accounting best practice. Further, the provisioning models used by the bank, to account for specific or statistical risk of loss, are assessed and scrutinised by their regulator the Central Bank of Ireland.

I requested that AIB comment on the Deputy's question and they have provided the following response:

"AIB Financial Accounts are prepared in accordance with International Accounting Standards and International Financial Reporting Standards (collectively “IFRSs”).

Accordingly, IAS 39 Financial Instruments: Recognition and Measurement, is applicable and this policy ensures that provisions are made for impairment of financial assets to reflect the losses inherent in those assets at a reporting date (the incurred loss model). Where there is objective evidence that a financial asset is impaired (the discounted future cash flow from the financial asset is lower than its carrying value), a provision is raised."

Teacher Redeployment

Ceisteanna (101, 102)

Michael Healy-Rae

Ceist:

101. Deputy Michael Healy-Rae asked the Minister for Education and Skills his views on a matter (details supplied) regarding a supplementary teaching panel; and if he will make a statement on the matter. [24998/17]

John Brassil

Ceist:

102. Deputy John Brassil asked the Minister for Education and Skills if he will re-examine and amend the decision not to allow admission to a person (details supplied) to the supplementary panel for September 2017 due to the clerical error in respect on their Teaching Council registration; and if he will make a statement on the matter. [24813/17]

Freagraí scríofa

Minister for Education and Skills

I propose to take Questions Nos. 101 and 102 together.

The core function of the redeployment arrangements is to facilitate the redeployment of all surplus permanent/CID holding teachers to schools that have vacancies. Thereafter, schools are required under the panel arrangements to fill permanent vacancies from supplementary panels comprised of eligible fixed-term (temporary/substitute) and part-time teachers.

Circular 0074/2016 sets out the arrangements for panel access for fixed-term/temporary and part-time teachers to the Supplementary Redeployment Panel for the 2017/18 school year.

Eligibility for the 2017/18 Supplementary Panel is confined to those teachers that have met in full all outstanding conditions/satisfied all shortfalls in respect of registration with the Teaching Council, i.e. are fully probated, at 9 December 2016 as agreed with the relevant education partners.

The teacher referred to by the Deputy has now fulfilled the conditions and has been granted access to the Supplementary panel for 2017/18.