Written Answers Nos. 82-101
82. Deputy Michael McGrath asked the Minister for Finance the number of cases taken to the Financial Services Ombudsman in each of the past four years regarding the miscalculation of mortgage arrears, the number that were found in favour of the borrower; the number that were found in favour of the lender; and if he will make a statement on the matter. [49840/17]
Amharc ar fhreagraGiven the breadth and number of both financial services and products and the conducts complained of by consumers, I understand that it is not possible for the Financial Service Ombudsman to capture and categorise the detailed nature of each complaint to him.
I have been informed that the Financial Services Ombudsman's Bureau does not currently capture data at the level sought by the Deputy.
While these data are not available, I understand that the FSO wrote to all members of the Houses of the Oireachtas earlier this year informing them of the Protocol for the Provision of Information to Members of the Oireachtas by State Bodies and providing a dedicated email address for the timely provision of information to members of the Oireachtas.
83. Deputy Michael McGrath asked the Minister for Finance if legal proceedings have been taken place against the borrowers involved in the apparent miscalculation of mortgage arrears; if the borrowers have lost homes; and if he will make a statement on the matter. [49841/17]
Amharc ar fhreagraThe Central Bank has informed me that it has been considering this issue but is not in a position to release supervisory information regarding any institution.
Due to statutory confidentiality requirements, the Central Bank may not publicly disclose much of its supervisory engagement with individual firms. In particular, the Central Bank can, generally speaking, only disclose such information in summary or aggregate form so that individual firms cannot be identified.
84. Deputy Michael McGrath asked the Minister for Finance if the Central Bank has authority to investigate and impose a fine on an unregulated loan owner in the event that the loan owner has miscalculated the amount of mortgage arrears a borrower faces; when the function of calculating mortgage arrears lies with the unregulated loan owner and not the regulated credit servicing firm; and if he will make a statement on the matter. [49842/17]
Amharc ar fhreagraThe Central Bank of Ireland (the Central Bank) does not regulate unregulated loan owners. The Central Bank therefore has no authority to investigate and impose a fine on an unregulated loan owner. However, under the Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 (2015 Act), if a firm who bought loans from an original lender is unregulated then the loans must be serviced by a Credit Servicing Firm who is regulated by the Central Bank.
The 2015 Act ensures that any purchasers of loan books are required either to become regulated themselves by the Central Bank or use a regulated Credit Servicing Firm to service the loans. This means that Credit Servicing Firms will engage with consumers including when managing or administering the credit agreement, notifying the relevant borrower of changes in interest rates or in payments due under the credit agreement or other matters of which the credit agreement requires the relevant borrower to be notified.
The Administrative Sanctions Procedure, which is applicable to Credit Servicing Firms, is the means by which the Central Bank investigates and sanctions breaches of financial services law by regulated firms. Further information is available on the Central Bank’s website www.centralbank.ie/consumer-hub/explainers/what-enforcement-powers-does-the-central-bank-have.
85. Deputy Michael McGrath asked the Minister for Finance his plans to publish the actuarial report on the liquidation of a company (detail supplied); the estimate of the number of former policyholders of the company who could be made personally liable for outstanding claims; and if he will make a statement on the matter. [49843/17]
Amharc ar fhreagraAt the outset the Deputy should note that it was the Liquidator who commissioned actuarial consultants, Willis Towers Watson, to carry out an analysis of Setanta Insurance’s claims reserves as at 30 June 2017. The Liquidator sought this report for the purposes of internal management reporting and to assist in determining the potential shortfall in assets available to cover the remaining liabilities as part of the liquidation process. The contents of the report are therefore commercially sensitive and were provided to me solely for the purposes of assessing what the likely shortfall in the amount due to Setanta third party claimants would be. Consequently I am not in a position to publish it.
Estimating the number of former policyholders of the company that could be made personally liable for outstanding claims is complex. This is due to a number of issues, for instance there may be still ongoing disputes around liability between the policyholder and the third party claimant, and in some instances, there may be more than one claim against a single policyholder which means that the active claim figure below may not equate to an equivalent amount of policyholders.
The latest information I have received from the Liquidator is that there are 1,576 active claims and 573 claimants have been paid compensation from the Insurance Compensation Fund subject to the 65%/€825,000 limits. I have been advised that the process of settling claims is still ongoing and is subject in some cases to complex negotiations between all relevant parties. I as Minister for Finance am not party to such negotiations and therefore do not have sight of individual claims, and consequently am not in a position to comment on such matters.
86. Deputy Michael McGrath asked the Minister for Finance the progress on the motor insurance compensation framework; the progress of legislation to protect policyholders and claimants in the event of a liquidation of a freedom of service insurance company; the extra protections that have been established since the Supreme Court decision on a company (detail supplied); and if he will make a statement on the matter. [49844/17]
Amharc ar fhreagraThe failure of Setanta Insurance in 2014 and the uncertainty that followed over the compensation arrangements for claimants highlighted weaknesses in the existing insurance compensation framework in Ireland. Following the placing of Setanta into liquidation, legal proceedings commenced between the Law Society of Ireland and the Motor Insurers Bureau of Ireland. In May of this year, the Supreme Court overturned a High Court decision deeming MIBI liable for the claims in respect of Setanta. The consequence of this is that the Insurance Compensation Fund (ICF) has been deemed responsible for the payment of claims subject to the limits set out in the Insurance Acts (65% or €825,000 whichever is the less).
The Review of the Framework for Motor Insurance Compensation in Ireland was completed in June 2016 and was approved by the Ministers of Finance and Transport, and noted by Government in July 2016. Its key recommendations were that:
- Coverage of the ICF would be extended to include third party motor insurance claims in the event of a liquidation of an insurer;
- The level of compensation from the ICF for third party motor claims to be increased from 65% to 100% in line with that currently provided by MIBI ;
- The increased coverage of the ICF to be funded by a direct contribution to the ICF from the motor insurance industry via the MIBI to the value of 35% of the third party motor insurance claims;
- Administration of the ICF to be transferred from the Accountant of the Courts of Justice to the Central Bank of Ireland;
- To provide for a more formal role for the State Claims Agency in the event of a failure of an insurance company resulting in a draw on the ICF.
To implement these recommendations, heads of the Insurance (Amendment) Bill were approved by Government in July and then sent to the Office of the Parliamentary Counsel (OPC) for priority drafting and to the Joint Oireachtas Committee for pre-legislative scrutiny. My Department continues to work closely with the OPC and other relevant stakeholders to progress the drafting. This legislation will provide greater certainty for both consumers and industry and will ensure that 100% of third party personal injury motor insurance claims are covered ( for property claims it will be 100% up to a limit of €1,220,000) by the ICF in the event of any future insurance company failure.
At an EU level, it is important to note that the regulatory framework, underpinning the operation of insurance companies, has been strengthened with the introduction of Solvency II from 1 January 2016. This is a much more risk sensitive and demanding system, with increased capital requirements, which are consistent across all Member States. The role of supervisory authorities is also significantly enhanced, including provision for more cooperation between Member States.
These measures, at national and EU level, should make any similar failure of an insurance company in the future less likely, and provide certainty that if such an event were to occur, then 100% of third party motor personal injury motor insurance claims would be covered by the ICF.
87. Deputy Eamon Ryan asked the Minister for Public Expenditure and Reform if he will report on the partners from the commercial sector of the economy that are involved with the Office of Public Works in the plans for the development of the children’s science museum exploration station proposed for the Earlsfort Terrace, the National Concert Hall and the Iveagh Gardens site. [49680/17]
Amharc ar fhreagra88. Deputy Eamon Ryan asked the Minister for Public Expenditure and Reform if he will report on the process by which the Earlsfort Terrace, the National Concert Hall and the Iveagh Gardens site was selected by the OPW as the most suitable for the development of the children’s science museum exploration station; if the OPW received representations from third parties regarding the choice of site; and if he will make a statement on the matter. [49681/17]
Amharc ar fhreagra89. Deputy Eamon Ryan asked the Minister for Public Expenditure and Reform if he will publish a schedule of those philanthropic donors, foundations and corporations which have to date committed to supporting the OPW’s proposed national children’s science centre exploration station to be developed at Earlsfort Terrace, the National Concert Hall and the Iveagh Gardens. [49683/17]
Amharc ar fhreagraI propose to take Questions Nos. 87 to 89, inclusive, together.
The information sought by the Deputy is currently being addressed. A detailed response will issue to the Deputy directly.
The following deferred reply was received under Standing Order 42A:
I refer to your recent Parliamentary Questions In relation to the above.
The main Organisation driving the National Children’s Science Centre project is the Irish Children’s Museum Company Limited by Guarantee. Its Board Is liaising with a variety of commercial entities with regard to the finandng of the exhibition.
The process of site selection included Issues such as good access to public transport, economic and cultural benefits, urban and historic building renewal, synergies with other cultural Institutions and availability. The vacant North Wing of the former University College Dublin. Earlsfort Terrace complex met these criteria, offered synergies with the National Concert Hall, was in state ownership and readily available. The OPW had no formal representations from third parties during the process of site selection. The OPW subsequently informed a variety of third parties of the proposal for a National Children’s Science Centre on the Earisfort Terrace complex site.
The Irish Children’s Museum Ltd. through its Board, is raising philanthropic funds for the interactive exhibition. The OPW does not have a schedule of their philanthropic donors.
90. Deputy Josepha Madigan asked the Minister for Public Expenditure and Reform when the tender process to prepare Stepaside Garda station for reopening will commence; the reason this process has been delayed; if provision will be made to make the telecommunications mast more aesthetically pleasing. [49701/17]
Amharc ar fhreagraStepaside Garda Station is in the full ownership of the Commissioners of Public Works in Ireland and it was closed on 14th March 2013 as part of the rationalisation programme of An Garda Síochána, as announced in the 2013 Policing Plan.
The Commissioners put a guardianship arrangement in place with Camelot in 2014. My officials have recently advised Camelot that, in accordance with the contractual agreement in place, a 25 day notice to vacate the premises will issue. This will be subject to the commencement date for works at the station.
My office is currently carrying out a condition report in order to assess the refurbishment requirements and consideration will be given to the Mast, as part of this process.
A full brief of works will be required from An Garda Síochána in order to assess the scope of any additional works required in advance of reopening the station at Stepaside.
91. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform the position regarding lands at a location (details supplied) for which Fingal County Council sought a deed of waiver in order to transfer the land to Fingal County Council ownership; and if he will make a statement on the matter. [49730/17]
Amharc ar fhreagraUnder Section 28(2) of the State Property Act, 1954, land vested in or held in trust for a body corporate immediately prior to its dissolution, (other than land held by such body in trust for another person) becomes property of the State in the person of the Minister for Public Expenditure and Reform. The interest acquired by the Minister is described as a defeasible interest as it may be defeated by restoration of the company up to 20 years after dissolution.
The Minister for Public Expenditure and Reform has the discretion, under Section 31 of the State Property Act 1954, to waive property that has devolved to the State under Section 28, if he believes it is proper to do so having regard to all the circumstances of the case.
I understand that the land in question is on Charlestown Road, Dublin 11 and incorporates lands at Lanesborough Park. The land is registered to a company that dissolved in 2011.
My officials have been in discussions with Fingal County Council in relation to waiving the lands to them and are awaiting the completion of relevant application documentation for forwarding to the Chief State Solicitor’s Office for consideration, in order to progress the matter.
92. Deputy Niamh Smyth asked the Minister for Public Expenditure and Reform his plans to implement the Labour Court recommendation on the issue of pension rights for community employment supervisors; and if he will make a statement on the matter. [49757/17]
Amharc ar fhreagraAt the most recent meeting of the Community Sector High Level Forum, in April of this year, my Department outlined its intention to conduct a detailed scoping exercise in order to comprehensively examine and assess the full potential implications of the issues under consideration. In considering the particular matter referred to, regard must be had to the costs and precedent of such an arrangement were one to be created. A scoping exercise is currently being progressed by officials in this Department and a meeting of the Forum took place this morning at which findings of the scoping exercise were shared with members of the Forum.
It continues to be the position that State organisations are not the employer of the particular employees concerned and that it is not possible for the State to provide funding for such a scheme. The employees in question are, or were, employees of private companies notwithstanding the fact that the companies concerned are, or were, reliant on State funding. In considering the matter, regard must be had to costs and the precedent of such an arrangement were one to be created given that the individuals employed in that sector are not employed by the State, even if many of the services they provide are funded by the State.
93. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform when a project (details supplied) will proceed to tender stage; and if he will make a statement on the matter. [49804/17]
Amharc ar fhreagraThe Office of Public Works and the Chief State Solicitor’s Office continue to progress the acquisition of the preferred site for the proposed project as a high priority and expect the process to reach a conclusion shortly. Until the acquisition process is fully completed, it is not possible to determine or advise on the timeframes for further stages of the project including the tender stage.
94. Deputy Niall Collins asked the Minister for Public Expenditure and Reform if assistance for a person (details supplied) will be provided; if the OPW has visited the property; and if he will make a statement on the matter. [49808/17]
Amharc ar fhreagraThe Office of Public Works (OPW) has responsibility for the management of fluvial flood risk where a river comes out of its banks and floods adjacent properties or roads etc. I understand that the problem at the location in question relates to erosion of the river bank for which the OPW does not have a responsibility or function. I am advised that there has been no flooding involved in this case and that there is no risk of flooding. The problem of riverbank erosion would be a matter for the local authority or the riparian owner concerned.
An application for funding for works at this location was submitted by Limerick City and County Council under the OPW's Minor Flood Mitigation Works & Coastal Protection Scheme and the Council was informed that the proposed works in the application to address river bank erosion were not eligible for funding under the Scheme which is designed to support localised flood relief works only. The question of OPW visiting the site, accordingly, did not arise.
95. Deputy Sean Sherlock asked the Minister for Education and Skills the meetings that have taken place in his Department since June 2016 on restructuring the school transport scheme; his plans to reform the scheme; and the number of tenders for school buses that were issued to date in 2017. [49653/17]
Amharc ar fhreagraSchool transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently over 114,000 children, including over 11,000 children with special educational needs, are being transported in over 4,500 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
The purpose of the School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.
In general, children are eligible for school transport if they meet the distance criteria and are attending their nearest school.
There are no plans to change the current eligibility criteria for school transport and the terms of the scheme are applied equitably on a national basis.
Arising from commitments in the Programme for Government, a review the Concessionary Charges and Rules element of the School Transport Scheme was undertaken. This report is published on my Department's website. The report on the Review of the Criteria and Guidelines of the School Transport Appeals Board has also been published on the Department's website.
Bus Éireann has advised that a total of 1,094 operating boards were opened for tender in 2017 to date.
96. Deputy Fergus O'Dowd asked the Minister for Education and Skills the status of a building project (details supplied); and if he will make a statement on the matter. [49659/17]
Amharc ar fhreagraThe major building project for Whitecross NS has reached an advanced stage of architectural planning, Stage 2(b), which includes the pre-qualification of contractors and the preparation of tender documents.
In May 2017, the Department gave approval to the school authorities to have their Design Team commence the process of Pre-Qualification of Contractors and I am informed by the Design Team that this process is now complete.
The Design Team has informed my Department that it is currently working on completing a revised Stage 2 (b) submission which it expects to submit for review shortly. Upon review of the revised submission my Department will revert to the school with a timeframe for progression of the project to tender stage.
97. Deputy Louise O'Reilly asked the Minister for Education and Skills the reason appropriate school transport cannot be provided to persons (details supplied) in line with their health needs; and if he will make a statement on the matter. [49660/17]
Amharc ar fhreagraSchool transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently over 114,000 children, including over 11,000 children with special educational needs, are being transported in over 4,500 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
In general, children with special educational needs are eligible for school transport if they are attending the nearest recognised mainstream school or unit that is or can be resourced, to meet their special educational needs under Department of Education and Skills' criteria.
The children referred to by the Deputy are eligible for school transport and Bus Éireann has confirmed that a school transport service has been established to bring the children to and from school; my Department has also sanctioned the employment of an escort to accompany the children on this service.
However, I understand that there are additional concerns regarding the care needs of the children while they are travelling to and from school.
In this regard the parents should continue to liaise with the school authorities and their local Bus Éireann office.
98. Deputy Michael Fitzmaurice asked the Minister for Education and Skills when the minor works grant will start issuing to schools. [49678/17]
Amharc ar fhreagraThe normal practice is for the Minor Works Grant 2017/2018 to be announced towards the end of the year if funding permits.
Over the next number of weeks the issue of the Minor Works Grant will be considered in the context of my Department's overall capital position.
99. Deputy Noel Rock asked the Minister for Education and Skills the steps he has taken to address the lack of STEM subjects available to female students in secondary schools; the barriers to entry for female students into third-level STEM courses; and if he will make a statement on the matter. [49684/17]
Amharc ar fhreagraThis Government is committed to building upon our provision of STEM education in primary, post-primary and third level education in order to ensure that we have the graduates to fulfil the existing and growing needs in STEM and to remove the obstacles which have so far served to limit the involvement of young women in the STEM area.
The soon to be published STEM Education Policy Statement 2017-2026 and Implementation Plan 2017-2019 will explore the potential for increasing STEM options within schools with the aim of encouraging more of our young people, particularly more females, to specialise in STEM during their education and training. Increasing the number of students (particularly females) choosing STEM subjects in post-primary schools will in turn increase the numbers progressing to STEM pathways in Further or Higher Education.
This will be complemented by the continued support from my Department of initiatives and programmes which promote female participation in STEM at primary and post-primary school such as I-Wish and Smart Futures.
Innovation 2020 - the Government’s five-year strategy on research and development, science and technology, has the goal of making Ireland a Global Innovation Leader, and by so doing, ensuring a strong and sustainable economy.
My Department's Action Plan for Education for 2016-2019 and the National Skills Strategy contain a clear commitment to supporting and developing STEM and in particular to addressing the gender imbalance.
100. Deputy Fergus O'Dowd asked the Minister for Education and Skills if there are streams of funding available through his Department that would deal with the eradication of Japanese knotweed on DEIS school premises; the steps schools must take if this weed has been confirmed as present on the property; and if he will make a statement on the matter. [49686/17]
Amharc ar fhreagraIf a school authority are concerned about the presence of Japanese Knotweed on their school site they should contact the environmental section of their local authority in the first instance for guidance on its identification and eradication.
If the costs associated with the necessary works are substantial it is open to the school authority to submit an application for funding under my Department’s Emergency Works Scheme. Application forms are available on my Department’s website.
101. Deputy Seán Crowe asked the Minister for Education and Skills if his attention has been drawn to the difficulties being experienced by pupils attending a school (details supplied) in Dublin 16; if the site has been identified as a priority site by the school capital appraisal section; when the conveyancing process will commence; when it will be completed; and if it has been or will be passed to the major projects section. [49694/17]
Amharc ar fhreagraAs the Deputy may be aware, my Department has been working with South Dublin County Council to acquire the site on which the school is currently located in temporary accommodation in order to facilitate the development of a permanent building for the primary school.
The disposal of the site to my Department has been approved by South Dublin County Council. However, title issues were identified with the property and a Compulsory Purchase Order was undertaken by the Council with a view to regularising these and obtaining title on the lands. This process was completed by South Dublin County Council in June 2017.
There is ongoing contact between the Department of Education and Skills and South Dublin County Council and both parties are working constructively to progress the site transfer as soon as possible.
Draft contracts in respect of the transfer were received in September and my officials have been liaising with officials in the Council with a view to advancing matters. Due diligence must apply in relation to the legal site transfer. However, my Department is not aware of any specific issues at this time which would impede the site acquisition process.
It is intended to progress the project to the architectural planning process shortly, with a view to the design stage running in parallel with the completion of the conveyancing process. My Department is working to ensure that a new building for the school in question is delivered as soon as possible.
