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State Bodies Code of Conduct

Dáil Éireann Debate, Tuesday - 20 June 2017

Tuesday, 20 June 2017

Ceisteanna (610)

Seán Fleming

Ceist:

610. Deputy Sean Fleming asked the Minister for Education and Skills if all State bodies under the aegis of his Department have furnished a report confirming the State body has complied with its obligations under tax law for 2015 and 2016 as required under the code of practice for the governance of State bodies; the action which was taken regarding those bodies that did not submit such requests; and if he will make a statement on the matter. [28667/17]

Amharc ar fhreagra

Freagraí scríofa

My officials are in the process of collating the data sought by the Deputy and will respond to the Deputy as soon as possible.

The following deferred reply was received under Standing Order 42A.

I refer to Parliamentary Question No. 610 (28667/17) of the 20th June 2017 in which you sought details of the State Bodies under the aegis of my Department who have furnished a report confirming tax compliance for each of the years 2015 and 2016 as required under the relevant Codes of Practice for the governance of State bodies.

In my reply, I had stated that the information sought was not available at the time but would be forwarded to you separately. I am now in a position to provide the relevant information.

The Department notes that State Bodies 2015 reporting obligations arose under S 19.2 of the 2009 Code of Practice for the Governance of State Bodies with the reporting obligations being further clarified in an expanded 2016 D/PER Code. The Department notes that the 2016 Code of Practice further clarified that tax compliance returns should routinely be made by the respective State Bodies in the context of the Chairperson’s Comprehensive Report to the Minister which travels in conjunction with the annual report and financial statements of the respective State Body. The 2009 Code had been silent on the manner of the report.

I am advised that in the case of three of the Department’s aegis bodies, the Commission to Inquire into Child Abuse, the Residential Institutions Redress Board and the Residential Institutions Redress Committee, my Department acts as paymaster for each of the three bodies, with their expenditure being accounted for through my Department’s Vote – Vote 26 Education and Skills.

The table at Appendix A overleaf outlines the details sought by you in regard to the Department’s aegis bodies who fall within the scope of your question.

Appendix A

Name of Body

Tax Compliance Report Furnished for 2015

Tax Compliance Report Furnished for 2016

Action Taken where Appropriate

Caranua (the Residential Institutions Statutory Fund)

Yes

The audit of Caranua’s 2016 accounts is ongoing. The matter is expected to be addressed in the Chairperson’s Report to the Minister at the conclusion of the annual audit

N/A

SOLAS

Yes

Yes

N/A

Skillnets Limited

No

The matter is expected to be addressed in the Chairperson’s Report to the Minister which will be furnished to the Minister in conjunction with the 2016 Annual Report

While Skillnets has confirmed to the Department that it has complied with its obligations under tax laws for both financial years 2015 and 2016 it had not been requested by the Department to furnish a report on adherence to tax under the terms of the 2009 Code.

Quality and Qualifications Ireland (QQI)

Yes

The audit of the QQI’s 2016 accounts is ongoing. The matter is expected to be addressed in the Chairperson’s Report to the Minister at the conclusion of the annual audit

N/A

Grangegorman Development Agency(GDA)

Yes

The audit of the GDA’s 2016 accounts is ongoing. The matter is expected to be addressed in the Chairperson’s Report to the Minister at the conclusion of the annual audit

N/A

National Council for Special Education (NCSE)

Yes

Awaited – the matter will be addressed in the Chairperson’s Annual report which will be furnished to the Minister in conjunction with the 2016 Annual Report

N/A

Teaching Council

Yes

In train – the matter will be addressed in the Chairperson’s annual report which will be furnished to the Minister in conjunction with the 2016/17 Annual Report for the reporting year which ended on 28/03/2017.

N/A

Léargas (including National Council for Guidance in Education)

Yes

Yes

N/A

State Examinations Commission (SEC)

Yes

Awaited – the matter will be addressed in the Chairperson’s Annual report which will be furnished to the Minister in conjunction with the 2016 Annual Report

N/A

National Council for Curriculum and Assessment (NCCA)

In train - the matter will be addressed in the Chairperson’s annual report which will be furnished to the Minister in conjunction with the 2015 Annual Report. The annual report is produced after the audit of the accounts with the accounts for 2015 having being certified by the Comptroller and Auditor General on 29/12/2016

Awaited– the matter will be addressed in the Chairperson’s annual report to the Minister at the conclusion of the annual audit. The audit of the NCCA’s 2016 accounts has yet to commence.

N/A

Higher Education Authority (including Irish Research Council)

Yes

In train – the matter will be addressed in the Chairperson’s annual report which will be furnished to the Minister in conjunction with the 2016 HEA Annual Report. The annual report is in the final stages of being cleared and the Department expects receipt of the report early in Q3 2017.

N/A

Educational Research Centre (ERC)

Not applicable

Awaited.

The ERC was established as a body corporate in September 2015. The ERC’s first set of accounts will cover the 15 month period from September 2015 to December 2016.The audit of ERC’s first accounts by the C & AG has not yet commenced. The supply of the 2016 tax compliance report to the Minister will be addressed in the Chairperson’s annual report to the Minister at the conclusion of the audit process.

N/A

An Chomhairle um Oideachais Gaeltachta agus Gaelscolaiochta (COGG)

Yes

Awaited– the matter will be addressed in the Chairperson’s annual report to the Minister at the conclusion of the annual audit

N/A

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