Written Answers Nos 189-208
189. Deputy Niall Collins asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the position regarding IDA planned investments following the closure of a company (details supplied); if this site is owned by the IDA; the number of site visits to this specific site by potential investors since the closure; the process on finding a replacement company; and the number of vacant IDA sites in County Longford. [28402/17]
Amharc ar fhreagraI very much regret the decision by Cameron to cease its operations in Ireland. Creating new employment opportunities in County Longford to replace the jobs that will and have been lost remains a priority for my Department and its Agencies.
IDA Ireland has already been working hard to find a new investor for the site in question and the Agency continues to bring it to the attention of its clients. There have already been three visits to the site and more will be undertaken if required.
IDA Ireland has two properties available for investment in Longford, in both Aghafad and Longford Industrial Park.
190. Deputy Niall Collins asked the Tánaiste and Minister for Jobs, Enterprise and Innovation her views on a report drawn by InterTrade Ireland (details supplied) that the imposition of World Trade Organisation tariffs on trade between the Republic and Northern Ireland after Brexit would result in an economic hit of almost €500 million; and the steps she will take to mitigate this. [28403/17]
Amharc ar fhreagraI welcome the publication of this InterTrade Ireland study - which was funded by my Department - as a key contribution to our wider understanding of the potential commercial and economic implications of Brexit for Ireland.
It should be emphasised that this research analyses a 'worst-case scenario' whereby WTO tariffs would be imposed in the absence of a comprehensive trade agreement being agreed between the EU and the UK following Brexit. While the Government will be prepared for all eventualities, this is not necessarily the outcome we expect will be reached at the conclusion of negotiations. The InterTrade Ireland study is nevertheless a valuable contribution to the Government’s ongoing work to address the different challenges that Brexit could present for our country. Its findings also reinforce the need to maintain the closest possible trading relationship between the UK and the EU, including Ireland.
I want to make clear that the Government is already working hard to assist businesses in addressing the commercial challenges associated with Brexit. My Department's enterprise agencies are working daily with companies, large and small, to both mitigate the impacts and maximise the opportunities that the UK’s departure from the EU might present.
191. Deputy Niall Collins asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the regulatory framework surrounding consumer protections in the case of personal contract plans, PCPs, used to finance motor purchases; the regulatory role the Competition and Consumer Protection Commission, CCPC, has in this regard; and the data which is collated on PCPs by the CCPC. [28404/17]
Amharc ar fhreagraThe Competition and Consumer Protection Commission (CCPC) is responsible, under the Consumer Credit Act 1995, for the authorisation of credit intermediaries, some of whom sell Personal Contract Plans (PCPs) to consumers on behalf of a finance company. The CCPC issues licenses to credit intermediaries and keeps an online list of credit intermediaries holding a valid authorisation at the time of enquiry. The CCPC also deals with complaints about the advertising of credit agreements and the advertising of car finance on credit intermediary websites and in the media. It is important to note that the CCPC’s remit is limited to this licensing role, as opposed to a more complex and robust regulatory role like the Central Bank has for financial institutions.
It is worth recalling that the majority of the financial institutions that offer finance through credit intermediaries are already regulated by the Central Bank. However, the Central Bank’s Consumer Protection Code does not apply to hire purchase or PCPs. This is significant as the Central Bank’s Consumer Protection Code (in particular, Chapter 5) requires regulated financial services providers to “know their customer” in terms of assessing affordability and suitability of products covered by the Code.
I am aware that the CCPC (and previously, the National Consumer Agency) has made numerous efforts to have hire purchase formally defined as a financial product and thereby brought within the Central Bank’s regulatory regime so that PCP (and hire purchase) would be subject to the same regulatory requirements as those that apply to all other financial products sold to consumers in Ireland.
Separate to the licensing role outlined above, the CCPC has a specific statutory remit to provide personal finance information and education to assist consumers to make informed decisions. The CCPC has, on a number of occasions, conducted research into the car market and car finance sectors, and has conducted numerous public awareness campaigns on the issue of car finance in recent years. Its current campaign, which commenced on 5 June, focuses on car finance and specifically aims to provide information to consumers on issues in relation to PCP, such as the fact that the consumer does not become the legal owner of the car until they make the final payment.
I am aware that the CCPC plans to conduct further research into PCP in the second half of this year. The results will be used to clarify the specific issues that consumers encounter in the car finance market. I am advised that it is the CCPC’s intention that the research can be used by all interested stakeholders to provide an evidence base from which appropriate policy proposals can be developed to ensure that consumers are adequately protected and businesses adequately scrutinised in this important market.
192. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the facility available to a person who has been through the Workplace Relations Commission and Labour Court and who, notwithstanding the final decision of the court, is of the view that procedurally he or she has not been treated appropriately and would like that treatment to be investigated; and if no such facility exists, if she will consider putting such a facility in place or providing such a person with access to the Ombudsman by amending Part 2 Schedule 2 of the Ombudsman (Amendment) Act 2012. [28600/17]
Amharc ar fhreagraThe Workplace Relations Act, 2015 established the Workplace Relations Commission (WRC) as the body to hear all first instance claims made under a wide variety of employment legislation. The Act provides that WRC Adjudication Officers shall be independent in the performance of his or her functions.
Complaints into procedural matters of the WRC can be made at any time, in accordance with the WRC’s Customer Service Complaints Procedure; which is available on their website www.workplacerelations.ie.
A decision of the WRC can be appealed to the Labour Court within 42 days, or later if the court is satisfied that the delay was due to the existence of "exceptional circumstances”.
The Labour Court is an independent workplace dispute resolution body which deals with the resolution of disputes concerning industrial relations and appeals of decisions of WRC Adjudication Officers.
A party can refer a Labour Court Decision on an employment rights matter to the High Court, either on the basis of an appeal on a point of law or for judicial review.
The Ombudsman Act 1980 to 2012 is the responsibility of my colleague, the Minister for Public Expenditure and Reform. I do not consider it necessary to amend the Act insofar as the provisions regarding the exclusion of the Workplace Relations Bodies is concerned.
193. Deputy Kevin O'Keeffe asked the Tánaiste and Minister for Jobs, Enterprise and Innovation her plans to build on a site (details supplied) in County Cork in order to attract new businesses; her views on the type of buildings that might be appropriate to attract companies to the site in question; and if she will make a statement on the matter. [28631/17]
Amharc ar fhreagraWhile IDA Ireland has no immediate plans to construct a building on the site in Fermoy Business Park, the property would be suitable for both manufacturing purposes and offices.
The needs of companies vary significantly when it comes to investment sites. I understand that an advantage of the property in question is that it offers flexibility in terms of potential layouts and buildings sizes. This should help make the site more attractive to potential investors.
194. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Jobs, Enterprise and Innovation her plans to introduce legislation to prohibit private sector employers from forcing persons to retire on age grounds under the age for the State pension; and if she will make a statement on the matter. [28645/17]
Amharc ar fhreagraApart from public sector employees, where certain statutory retirement ages may apply, there is no statutory retirement age for employees in Irish legislation. A contract of employment will generally contain a retirement age but this is a matter of contract between the parties.
The upper age limit for bringing claims under the Unfair Dismissals Acts was removed by a provision in the Equality Act 2004. It is now the case that a person of any age, when dismissed, may take a case under the Unfair Dismissals Acts unless she or he has reached the “normal retiring age for employees of the same employer in similar employment”, if one exists. In such circumstances, the burden of proof is on the employer to prove the normal retiring age. Furthermore, the upper age limit of 66 years for receipt of statutory redundancy payments was removed by the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007.
As the issue that arises around compulsory retirement at a given age is whether this entails discrimination on age grounds, the more usual avenue of redress for employees compulsorily retired is to take a claim, under the Employment Equality Acts, to the Workplace Relations Commission. Responsibility for employment equality legislation rests with the Minister for Justice and Equality.
The Deputy may be aware that an Inter-Departmental Group (IDG), chaired by the Department of Public Expenditure and Reform (DPER), was established by the Government in 2016 to consider policy around retirement age in both the public and private sectors. The IDG's report was published in August 2016. The Report recorded that the recently enacted Equality (Miscellaneous Provisions) Act, 2015 amends Irish equality legislation to bring it into line with the judgments of the CJEU interpreting the relevant provisions in EU Directives, as follows:
Section 34 of the Act of 1998 is amended by the substitution of the following subsection for subsection (4):
“(4) Without prejudice to subsection (3), it shall not constitute discrimination on the age ground to fix different ages for the retirement (whether voluntarily or compulsorily) of employees or any class or description of employees if—
(a) it is objectively and reasonably justified by a legitimate aim, and
(b) the means of achieving that aim are appropriate and necessary.”.
The amended legislation sets out the grounds on which employers will have to justify the setting of particular retirement ages, such grounds being underpinned by the provisions of the Employment Equality Directive.
The Report points to examples of objective justification including:
- To create opportunities in the labour market for those looking for work
- To encourage recruitment and promotion of young people and prevent possible disputes on the fitness of employees to work beyond a certain age
- To ensure better distribution of work between the generations
- To ensure quality of service provision and address an age imbalance within a workforce
- To ensure motivation and dynamism through the increased prospect of promotion due to senior staff being retired.
The IDG made a number of recommendations, one of which related to my specific area of responsibility. On foot of that recommendation a Ministerial request issued to the Workplace Relations Commission (WRC) to request them to prepare a Code of Practice under Section 42 of the Industrial Relations Act 1990 around the issue of working longer, which should set out best industrial relations practice in managing the engagement between employers and employees in the run up to retirement, including requests to work beyond what would be considered the normal retirement age in the employment concerned. Work by the WRC on preparing the Code in consultation with relevant stakeholders is at an advanced stage.
195. Deputy Sean Fleming asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if all State bodies under the aegis of her 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 she will make a statement on the matter. [28672/17]
Amharc ar fhreagraThe following is the position regarding the furnishing of reports confirming compliance with tax law obligations by the state agencies under the aegis of my Department:
Enterprise Ireland has included confirmation of tax compliance for 2015 in the agency’s 2016 letter to the Minister. Enterprise Ireland will again be confirming the same compliance for 2016 in the Chairperson’s letter to the Minister over the coming weeks.
The National Standards Authority of Ireland have submitted reports regarding compliance with their obligations under tax law for 2015 included as part of the Chairperson's comprehensive report to the Minister. A report for 2016 will be submitted when it is finalised in the coming weeks
The Competition and Consumer Protection Commission has furnished its report confirming its compliance with its obligations under tax law for 2015. Its report for 2016 will be submitted to me following completion of the audit of its accounts.
The Personal Injuries Assessment Board has furnished its report confirming its compliance with its obligations under tax law for 2015. I expect to receive its report for 2016 shortly.
The Irish Auditing and Accounting Supervisory Authority's Annual Report for 2015 and 2016 states that it has systems in place to ensure compliance with all statutory obligations including those relating to taxation. The Agency has confirmed to the best of its knowledge and belief it is tax compliant, and has been so since it was established.
Science Foundation Ireland submitted a statement of tax compliance to the Minister on 20 June 2016 in conjunction with the submission of the SFI 2015 Annual Report. The SFI 2016 Annual Report and accompanying submission has yet to be submitted to the Minister.
IDA Ireland has submitted a report informing me that it has complied with its obligations under tax law for 2015. I expect to receive its report for 2016 shortly.
The Health and Safety Authority report that it was in compliance with its obligations under tax law for 2015 was submitted to the Minister as part of the HSA 2015 Annual Report. The HSA Annual Report for 2016 is currently being finalised and the HSA 2016 report on compliance with obligations under tax law will be in included in this.
196. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if she will provide funding for two extra full-time principal solicitor posts for the Office of Director of Corporate Enforcement; and if she will make a statement on the matter. [28809/17]
Amharc ar fhreagraTwo current vacancies within the Office of the Director of Corporate Enforcement (ODCE), one for Principal Solicitor and the other for Legal Advisor, have been converted to “Enforcement Portfolio Manager” posts graded at Principal level following restructuring proposals drawn up by the Director of the Office. The necessary funding for these posts is already in place. The Enforcement Portfolio Managers will have responsibility, among other things, for leading and managing a portfolio of cases and projects in both civil and criminal enforcement. In order to be eligible to apply for these posts, prospective candidates must (i) have been called to the Bar or have been admitted and be enrolled as a Barrister or Solicitor in the State or (ii) be a member of an Accountancy Body recognised by the Irish Auditing & Accounting Supervisory Authority (IAASA).
Through a recent Civil Service-wide advertisement campaign a number of serving Civil Servants have applied to be considered for one of the posts in question and these applications are due to be considered shortly. The other post is to be filled through open competition. If the first mentioned process does not result in the position being filled, it will also be filled through open competition.
197. Deputy Michael McGrath asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the steps she has taken in response to the handling of an investigation (details supplied) by the Office of the Director of Corporate Enforcement; and if she will make a statement on the matter. [28895/17]
Amharc ar fhreagraThe investigative shortcomings of the Office of the Director of Corporate Enforcement (ODCE) identified by Judge John Aylmer in this case fell far short of the standard of impartial, unbiased and thorough investigation we expect and demand.
My predecessor, Minister of State Mitchell O’Connor, wrote to the Director of Corporate Enforcement on Wednesday May 24th, requesting a report under section 955(1)(a) of the Companies Act 2014. This report is to outline issues arising from the investigations by the ODCE into Anglo Irish Bank since 2008. In particular, she ordered that the report include an explanation of the following:
- the coaching of witness statements;
- late disclosure of documents;
- a perceived bias by ODCE investigators;
- the shredding of documents; and
- any other relevant matters.
This report is to be finalised as a matter of urgency and no later than June 23rd. All options will be considered to ensure mistakes of this nature cannot reoccur.
198. Deputy Darragh O'Brien asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if consideration has been given or analysis undertaken with regard to expanding Enterprise Ireland's worldwide office network in view of the impact that Brexit will have on the economy; if consideration has been given to or an analysis undertaken of expanding Enterprise Ireland's office network further into eastern Europe; if it has considered Slovakia in particular; and if she will make a statement on the matter. [28976/17]
Amharc ar fhreagraIn Budget 2017, additional funding was provided to Enterprise Ireland (EI) to recruit 39 new staff, located in Ireland and overseas to support clients to maintain existing markets and to diversify into new markets.
EI has an established process for working with companies as they identify opportunities and begin to enter new markets. Enterprise Ireland’s overseas structure, through its network of 32 overseas offices and its extended Pathfinder (Trade Consultant) network, provides client companies with the appropriate support in markets where there are identified opportunities matched by client capability and client demand.
In addition to Incubation and Hot-Desking Facilities, Enterprise Ireland’s client companies can access market knowledge on a sectorial basis, introductions to buyers/suppliers/partners in-market and market intelligence such as competitor analysis, identification of professional services etc.
The activities of Enterprise Ireland’s overseas network are supported by the Market Research Centre and Strategic Marketing Unit based in Dublin along with a range of financial and capability developments supports aimed at helping client companies to compete and win sales in overseas markets.
As part of its Strategy 2017-2020, EI aims to help Irish exporters increase exports into the Eurozone by 50% by 2020. The Eurozone will now be the first market for Enterprise Ireland backed exporters and EI will highlight priority sectors and encourage growth targets in areas like construction, engineering and the life sciences/medtech sectors.
There are three Enterprise Ireland offices serving Central and Eastern European markets, based in Warsaw, Prague and Budapest. EI has and will continue to have a strong policy of maintaining a flexible approach to the deployment of resources across international markets in line with changing market opportunities. This is reflected in the Agency’s ability to open and close offices and to move resources across markets as required. In all cases, Enterprise Ireland’s focus is on those markets that offer realisable commercial potential for our clients be it in the short, medium or long term.
199. Deputy Niall Collins asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the supports given to a group (details supplied); and if she will make a statement on the matter. [28995/17]
Amharc ar fhreagraThe decision by the company concerned to close its operation in Leixlip was very disappointing. Finding a new investor for the facility, and creating or identifying alternative employment opportunities for those affected, remain key priorities for my Department and its Agencies.
My Department has also engaged with the Department of Social Protection (D/SP) to ensure all available supports are provided to the company's workers. I understand that D/SP has been in direct contact with the company regarding the entitlements of its staff.
Similarly, my Department has engaged as well with the Kildare and Wicklow Education and Training Board - which has been in direct contact itself with the company - regarding an assessment of the skills profile of the affected staff. Re-training will be provided, if required, and every effort will be made to help workers transition and find new employment.
200. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the number of staff under the remit of her Department who have applied to be transferred to Department or State agency offices located outside the Dublin region in each of the years 2014 to 2016 and to date in 2017, in tabular form; the estimated average cost incurred for each staff member that relocated outside the Dublin region; and if she will make a statement on the matter. [29041/17]
Amharc ar fhreagraThe number of my Department’s staff who have notified my HR Unit of an application for a transfer to offices outside the Dublin region in the period 2014 to date is set out in the table. This includes staff seeking to move from one of my Department’s regional locations to another.
|
Year |
Number of Officers who applied for transfers outside of Dublin |
Number of Officers who transferred outside of Dublin |
|
2014 |
7 |
6 |
|
2015 |
6 |
1 |
|
2016 |
5 |
6 |
|
2017 |
2 |
8 |
|
Total |
20 |
21 |
The transfers approved were to fill business needs in respective areas of my Department, or other Departments/Agencies, and initiated at the request of the individual staff members concerned. There are therefore no additional costs incurred to my Department.
In respect of the State Agencies under the remit of my Department, although these are day to day matters for which I have no function, nonetheless, I have asked all Agencies to provide me with corresponding information in relation to their own staff and I will communicate that information to the Deputy as soon as it is available.
The following deferred reply was received under Standing Order 42A:
I refer to Parliamentary Question 29041/17, which was responded to on 20 June 2017.
"To ask the Tánaiste and Minister for Jobs; Enterprise and Innovation the number of staff under the remit of her department that have applied to be transferred to department or State agency offices located outside the Dublin region in each of the years 2014 to 2016 and to date in 2017, in tabular form; the estimated average cost incurred for each staff member that relocated outside the Dublin region; and if she will make a statement on the matter".
In my reply, I undertook to request the agencies under the remit of my Department to supply the requested information. This is now set out in the following tables:
|
Agency |
Current Location / Location moved from |
Staff requesting transfer to location outside Dublin |
Staff who have moved on transfer request to location outside Dublin (includes requests made before 2014) |
|
Competition and Consumer Protection Commission (CCPC) |
Dublin |
1 |
0 |
|
Total Staff |
1 |
0 |
The transfer approved did not incur any additional costs for the CCPC as the transfer was initiated at the request of the individual staff member concerned.
|
Agency |
Current Location / Location moved from |
Staff requesting transfer to location outside Dublin |
Staff who have moved on transfer request to location outside Dublin (includes requests made before 2014) |
|
Health & Safety Authority (HSA) |
Dublin |
6 |
3 |
|
Limerick |
1 |
0 |
|
|
Athlone |
1 |
0 |
|
|
Kilkenny |
2 |
0 |
|
|
Total Staff |
10 |
3 |
The transfers approved did not incur any additional costs for the HSA as the transfers were initiated at the request of the individual staff members concerned.
|
Agency |
Current Location / Location moved from |
Staff requesting transfer to location outside Dublin |
Staff who have moved on transfer request to location outside Dublin (includes requests made before 2014) |
|
National Standards Authority of Ireland (NSAI) |
Dublin |
0 |
1(transferred on secondment) |
|
Total Staff |
0 |
1 |
The secondment approved did not incur any additional costs other than the salary associated with it.
|
Agency |
Current Location / Location moved from |
Staff requesting transfer to location outside Dublin |
Staff who have moved on transfer request to location outside Dublin (includes requests made before 2014) |
|
Enterprise Ireland (EI) |
0 |
0 |
|
|
The Irish Auditing and Accounting Supervisory Authority (IAASA) |
0 |
0 |
|
|
IDA Ireland |
0 |
0 |
|
|
Science Foundation Ireland (SFI) |
0 |
0 |
|
|
Personal Injuries Board (PIAB) |
0 |
0 |
|
|
Total Staff |
0 |
0 |
201. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if she will confirm a date to enable Dáil Éireann to have an opportunity to debate the Comprehensive Economic and Trade Agreement; and if she will make a statement on the matter. [29050/17]
Amharc ar fhreagraI believe that it is important to wait to see the benefits of the EU – Canada Comprehensive Economic and Trade Agreement (CETA) taking effect. We can then have a fully informed, evidence based debate on the value of the Agreement to Ireland. I would stress that following the recent Opinion 2/15 of the European Court of Justice on the EU-Singapore Free Trade Agreement there are no immediate plans to ratify CETA.
I fully support provisional application of the Agreement. I am of the view that there should be no impediment to Irish companies immediately taking advantage of the provisions of CETA including eliminating tariffs on almost all of key exports, access to the Canadian procurement market, easing regulatory barriers and ensuring more transparent rules for market access. The main provisions offering new opportunities for Irish business will be provisionally applied once Canada has completed its own procedures. It is expected that CETA will provisionally apply from summer 2017.
My Department will undertake a comprehensive study which will examine in depth the economic impact of existing and forthcoming EU Free Trade Agreements including CETA. The analysis from the study will inform the Department and relevant agencies in setting the policy framework required for Irish businesses to take full advantage of concluded trade agreements and preferential trade access, and to prepare for future opportunities. The study will also identify the impact of free trade agreements at sectorial level, especially on employment and output. The terms of reference for the study are currently being developed.
202. Deputy Niall Collins asked the Minister for Finance the number of applications refused that subsequently were appealed to the disabled drivers medical board of appeal; and the number of refused applications that were submitted to the disabled drivers medical board of appeal and subsequently overturned and certificates granted, in tabular form. [28856/17]
Amharc ar fhreagraThe details are set out in the table below.
|
No. of appeals lodged |
No. of successful appeals |
|
|
2010 |
698 |
46 |
|
2011 |
747 |
39 |
|
2012 |
644 |
45 |
|
2013 |
529 |
52 |
|
2014 |
585 |
43 |
|
2015 |
600 |
16 |
|
2016 |
720 |
16 |
|
2017 to May |
322 |
7 |
203. Deputy Stephen S. Donnelly asked the Minister for Finance the number of meetings customs officials have had with the European Border and Coast Guard Agency in the context of Brexit; and if he will make a statement on the matter. [26551/17]
Amharc ar fhreagra204. Deputy Stephen S. Donnelly asked the Minister for Finance the number of potential crossing points that have been identified on the Border with Northern Ireland; if customs officials have conducted a survey of potential crossing points on the Border; and if he will make a statement on the matter. [26552/17]
Amharc ar fhreagraI propose to take Questions Nos. 203 and 204 together.
The Government’s position in relation to the border with Northern Ireland in the context of Brexit is very clear and has been articulated by the Taoiseach on several occasions. Continued freedom of movement, absence of a “hard” border, and protection of the Good Friday Agreement are key objectives for the Irish Government. This is a position that is well heard and understood across the EU and is reflected in the EU's negotiating guidelines.
As set out in the guidelines, flexible and imaginative solutions will be required.
Our absolute preference is to maintain the closest possible trading relationship based on a level playing field between the UK and the EU, including Ireland.
There is a lot of negotiation yet to be done around trading arrangements and, by extension, any customs regime that might apply.
It is premature to set out detailed possible solutions, particularly when negotiations have yet to properly begin.
It is important that technical solutions do not anticipate or drive outcomes at a political level.
It is clear, however that the withdrawal of a Member State from the Union is a situation without any precedent, in either political or practical terms. That said we are looking at other border situations which may offer possible guidance on how we address the unique situation found on the island of Ireland.
The Revenue Commissioners, like all Government Agencies, are actively engaged in assessing the potential impact of Brexit and studying statistical information on 499 kilometres of border, 200+ crossings and 12 national roads to inform the full range of possibilities. As negotiations have yet to commence it is premature to presume the outcome and practical implications of Brexit.
In relation to the Deputy’s questions, it would be premature for the Revenue Commissioners to identify locations for specific crossing points on or near the border with Northern Ireland in the context of post-Brexit arrangements. The Chairman of the Revenue Commissioners recently stated at his appearance at the Oireachtas Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach that ‘.. the operation of customs post Brexit and the resulting impact on business will be defined to a great extent by the terms of the Brexit agreement...’ He affirmed that Revenue is not looking for sites for customs posts.
Since the UK’s Brexit referendum, officers of the Revenue Commissioners have held 29 high-level and stakeholder engagements. Customs officials have not met with the European Border and Coast Guard Agency (FRONTEX) in relation to Brexit.
205. Deputy Stephen S. Donnelly asked the Minister for Finance the estimated changes to capital gains tax receipts due to Brexit, specifically with regard to internal transfers between Irish and United Kingdom company groups that have a presence both here and in the United Kingdom and that would incur capital gains tax as a result of former internal transfers. [26553/17]
Amharc ar fhreagraI am advised by Revenue that the details of intergroup transfers of assets are not separately identified on the relevant tax returns. The Deputy may also be interested to note that, in the majority of situations, tax on capital gains realised by corporate entities is reported with and paid as part of their Corporation Tax liability.
As such, there is no reliable basis upon which to estimate the changes, if any, to receipts in this regard with respect to Brexit.
206. Deputy Stephen S. Donnelly asked the Minister for Finance his plans to conduct an outreach programme to ensure that all businesses are equipped to make the necessary decisions on customs in the context of preparations for Brexit; if an estimated start date has been set; the number of engagements targeted; and if he will make a statement on the matter. [26554/17]
Amharc ar fhreagraI am advised by Revenue that there is ongoing engagement with the business community through meetings with business/trade representative groups, attendance at various Brexit events throughout the country and at meetings of the Customs Consultative Committee (CCC), representing the logistics, import and export sectors. Up to the present, the engagement has been for the purpose of listening to the concerns of business and advising on general customs matters.
There is a lot of negotiation yet to be done around trading arrangements and, by extension, any customs regime that might apply. It is premature to set out, or provide advice on the basis of detailed possible solutions, particularly when negotiations have yet to properly begin. It is important that technical solutions do not anticipate, or indeed drive, outcomes at a political level.
However, when there is more clarity about the likely outcome of Brexit negotiations, Revenue plan to conduct a general information campaign to assist businesses in assessing the likely customs impact on their business. In a second stage, businesses which appear from Revenue records to have trade with the UK will be canvassed directly, and given the opportunity to discuss their particular issues. Closer to the date of UK exit, an intensive programme of registration and authorisation will be undertaken to prepare businesses in detail for implementation of customs procedures.
207. Deputy Stephen S. Donnelly asked the Minister for Finance if he will report on the agreement to provide a precautionary lending plan for the State through the European Investment Bank; and if he will make a statement on the matter. [26555/17]
Amharc ar fhreagraFrom the outset, I should make absolutely clear that Ireland does not have, nor has sought, a precautionary lending plan from any international body.
The Deputy may be referring to references to a possible precautionary line of credit through the European Stability Mechanism (ESM) at the time of our exit from the EU-IMF Programme of Assistance at the end of 2013. Again, Ireland did not request such a facility and made it clear at the time that we did not need or want it. Indeed the existence of such a facility could have negatively impacted on our successful return to the Bond markets in 2014.
208. Deputy Pearse Doherty asked the Minister for Finance the number of outstanding claims with regard to a company (details supplied) awaiting payment in increments of €100,000, in tabular form; and if he will make a statement on the matter. [26602/17]
Amharc ar fhreagraThe Liquidator for Setanta has informed me that there are currently 320 claims ready for settlement and listed for inclusion in the next application for payment from the ICF which will shortly be reviewed by the State Claims Agency.
These include both personal injury and damage claims, and associated legal costs where applicable.
The range of values is as follows:
|
Claim Range |
No. of Claims |
|
€0 - €100,000 |
303 |
|
€100,000 - €200,000 |
9 |
|
€200,000 - €300,000 |
3 |
|
€300,000 - €400,000 |
1 |
|
€400,000 + |
4 |
The Liquidator has advised me that he is not in a position to provide a similar breakdown in respect of the remaining outstanding claims until such time as they have been prepared for settlement.
