Wednesday, 6 Dec 2017

Written Answers Nos. 86-107

Brexit Negotiations

Ceisteanna (86)

Micheál Martin

Ceist:

86. Deputy Micheál Martin asked the Taoiseach if he has written to all of the EU 27 prime ministers seeking support in the Brexit negotiations. [51997/17]

Freagraí scríofa

The Taoiseach

Ongoing political engagement with our EU and international partners remains crucial as negotiations on Brexit proceed.

Throughout the process - both before and since negotiations began formally earlier this year - the Government and officials have maintained a programme of deep and regular engagement with our partners.

I meet and speak regularly with my EU counterparts, bilaterally, and at formal and informal meetings of the European Council, and I use every opportunity to advance Ireland's interests.

I also have had extensive contact with key figures in the European institutions, including the Presidents of the European Commission and the European Council.

I have also spoken by phone and met with Prime Minister May on a number of occasions, including our most recent bilateral meeting in Gothenberg on 17 November, which took place there as we were both attending the EU Social Summit.

The support of all of our EU partners has been strong, consistent and essential in ensuring that the unique challenges we face on the island of Ireland as a result of the UK's withdrawal from the EU are addressed.

Departmental Strategy Statements

Ceisteanna (87)

Micheál Martin

Ceist:

87. Deputy Micheál Martin asked the Taoiseach if he will report on the commitment in his Department's strategy statement to implement 25 actions in the Civil Service renewal plan including HR capability and strengthening performance management and accountability; the way in which this is being achieved; and the position regarding same. [52097/17]

Freagraí scríofa

The Taoiseach

My Department supports the work of the Civil Service Management Board to ensure overall implementation of the 25 actions in the Civil Service Renewal Plan. This work is seeking to strengthen capacity and performance across the civil service to deliver services in a professional, unified and responsive manner.

The third progress report, published by the Department of Public Expenditure and Reform just before the summer, details the progress achieved to date in implementing the Renewal Plan including:

- A Civil Service People Strategy has been published which sets the strategic HR agenda for 2017 to 2020.

- The Service Wide Mobility Scheme was launched on the 13th November for Executive Officer and Clerical Officer grades.

This will be expanded to other grades in 2018.

- The new shared Learning and Development training courses are now available to staff. Work is ongoing on a portal to manage the delivery of the training.

- The second Civil Service Employee Engagement Survey was held in September with a significant increase in response rates across the Civil Service from 39% to 56% (21,356 employees).

- A range of initiatives to improve gender balance across the Civil Service was developed by the CSMB and approved by Government and are now being implemented.

- The new simplified PMDS is nearing its first year of completion. Training has been made available to HR Units and line managers to support and improve the management of performance.

- A Common Governance Standard for the Civil Service has been adopted by all Government Departments

- The www.whodoeswhat.gov.ie website includes clear assignments of responsibilities at PO level and above published on one website

- Pilot executive leadership programmes for Assistant Secretary and Principal Officer levels were introduced as part of a new talent management initiative.

Programme for Government Priorities

Ceisteanna (88)

Micheál Martin

Ceist:

88. Deputy Micheál Martin asked the Taoiseach if he will report on the commitment in the programme for Government regarding completing a core structural review of decision making arrangements across the common areas of security and defence; and the progress to date on same. [52099/17]

Freagraí scríofa

The Taoiseach

In July the Government established Cabinet Committee F. This represents a significant reform in the structures for policy and decision making in the areas of security and defence. The Committee will keep national security arrangements under review. The Committee met again in November 2017 with a further meeting to be scheduled early in the New year.

Cabinet Committees

Ceisteanna (89)

Micheál Martin

Ceist:

89. Deputy Micheál Martin asked the Taoiseach the Cabinet committee which has responsibility for equality and inclusiveness. [52100/17]

Freagraí scríofa

The Taoiseach

As I informed the House on 30 November 2017, I have decided to establish a new Cabinet Committee, Cabinet Committee G, to deal with justice and equality issues. Up until this, Cabinet Committee B, which deals with Social Policy and Public Services, had responsibility for equality issues.

Departmental Expenditure

Ceisteanna (90)

Fergus O'Dowd

Ceist:

90. Deputy Fergus O'Dowd asked the Taoiseach the expenditure by his Department by heading (details supplied) in each of the years since June 1997 to January 2011, in tabular form; and the miscellaneous expenditure not relating to set Department budgets pertaining to the headings. [52229/17]

Freagraí scríofa

The Taoiseach

I am advised that the information requested is not readily available, due to the significant volume of information sought and having regard to the long time period in question. The information requested by the Deputy is being compiled by my officials and will be sent to the Deputy when it is finalised.

Undocumented Irish in the USA

Ceisteanna (91)

Micheál Martin

Ceist:

91. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if officials in his Department have given him an update on progressing improvements for the undocumented Irish in the United States of America. [52098/17]

Freagraí scríofa

Tánaiste and Minister for Foreign Affairs and Trade

The Government continues to avail of all opportunities to raise US immigration reform and the status of the undocumented Irish with the US administration and with contacts on Capitol Hill. Officials of the Department of Foreign Affairs & Trade, working both here and in the US, are engaged on the issue on an ongoing basis and I am kept fully informed of developments. Neither I nor my Departmental officials, however, underestimate the size of the challenge facing us.

This policy area has been a deeply divisive issue within the US political system for decades, with pronounced disagreement, even within the same political parties, on the best way to deal with an issue which directly affects over 11 million people.

The Government, at both political and official level, has consistently engaged with both parties in a bipartisan way to address our longstanding concerns and this continues to be our approach.

For my own part, during my visit to New York for the UN General Assembly in September, I met with representatives of the four Irish Immigration Centres in the region and a representative of the US-wide Coalition of Irish Immigration Centres.

In addition, I met with a senior State Department official during that visit and I was able to further emphasise the Government’s commitment to this issue when I travelled to Washington DC on 3-5 October.

The Government’s special envoy to Congress on the undocumented, Deputy John Deasy, accompanied me on that most recent visit and together we engaged with senior members of the US administration and with members of Congress, including the Congressional Friends of Ireland Group.

Outside of my own engagement on the issue, Deputy Deasy has visited the US four times since his appointment, in July, September, October, and November.

In addition to contact at political level, officials from our Embassy in Washington, D.C., stay in regular contact with the administration and with congressional contacts on both sides of the aisle.

Our Ambassador in Washington D.C., Dan Mulhall, hosted a round table discussion on the issue on 25 October with Irish community key stakeholders, including the Coalition of Irish Immigration Centres.

Ambassador Mulhall and his colleagues in the Embassy continue to give this issue their close attention, updating me and Departmental officials on an ongoing basis.

The Government remains wholly committed to working with the US authorities to resolve the plight of the undocumented Irish, while respecting the right of the United States to set its own immigration policies.

The Deputy can be assured that officials of the Department of Foreign Affairs and Trade, both here and in Washington, D.C., will, under my direction, continue to give priority to this issue, mindful of its importance to the undocumented themselves and their families back here in Ireland.

Passport Data

Ceisteanna (92)

Thomas P. Broughan

Ceist:

92. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade the number of passports and passport cards issued in each month to date in 2017; the amount raised from the issuing of these passports; and if he will make a statement on the matter. [52127/17]

Freagraí scríofa

Tánaiste and Minister for Foreign Affairs and Trade

The number of passports issued from the beginning of the year to the end of November 2017 was 742,280. During the same period, 36,955 passport cards were issued. At this stage in the year, figures for associated receipts are strictly provisional only; and receipts for November 2017 are not yet complete. On this provisional basis, passports and passport cards issued have generated total receipts of €48.6 million. The number of passports and passport cards issued and the provisional monthly revenue generated to date in 2017 are as follows:

	Passports	Cards	Revenue (€k)*
January	34,175	1,526	4,351
February	67,097	1,908	4,357
March	84,143	2,190	4,974
April	87,032	3,049	4,787
May	103,030	5,044	7,790
June	95,901	4,917	5,525
July	77,872	3,982	4,299
August	66,733	4,328	3,777
September	49,549	3,591	4,558
October	40,633	3,263	2,777
November**	36,115	3,157	1,418
	742,280	36,955	€48,613,000

* All figures for receipts are provisional only

** November 2017 receipts are not yet complete

These revenue streams are appropriations in aid and are remitted directly to the Exchequer.

The passport is a key travel and identity document. The processing of applications by the Passport Service involves the deployment of significant resources, including to develop new business processes to modernise enrolment, checking and production systems and to improve customer service. Software solutions and data analytics, including facial recognition, are also deployed to combat identity theft and maintain the integrity and high international reputation of the Irish passport.

A number of innovations have been introduced in recent years. The world-first passport card gives adult Irish passport-holders the option of a credit card-sized travel document valid for travel to 31 countries in total, including the EU/EEA plus Switzerland.

Further, an online passport application service (www.dfa.ie/passportonline/) was launched in March of this year. This award-winning service allows adult Irish citizens to submit their passport renewal applications online 24 hours a day, 7 days a week, wherever they are in the world, without the need for paper forms, signatures or printed photographs.

Middle East Issues

Ceisteanna (93)

Clare Daly

Ceist:

93. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade the circumstances in which the Israeli Prime Minister invited himself to the upcoming European Summit and if the Palestinian representative will also be invited; and his plans to raise with the Israeli Prime Minister the human rights abuses, breaches of international laws, illegal occupation of the Palestinian West Bank, the Syrian Golan Heights and illegal extraction and theft of Syrian oil from the Syrian Golan Heights. [52175/17]

Freagraí scríofa

Tánaiste and Minister for Foreign Affairs and Trade

EU High Representative Mogherini has invited Prime Minister Netanyahu of Israel to meet with EU Foreign Ministers at a breakfast meeting on 11 December, taking advantage of the fact that many Foreign Ministers may have arrived for the Foreign Affairs Council which will follow later that day. The possibility of inviting both Prime Minister Netanyahu and President Abbas to Brussels for such discussions has been under consideration for some time. I understand that President Abbas’s availability to meet with EU Foreign Ministers at an early date is currently being explored. The Middle East Peace Process is a very important issue for the EU. Ireland supports efforts to reach a comprehensive peace agreement to the Middle East conflict, and this is a priority for me personally. I have met with the US Middle East team to encourage their work, and to underline what the EU sees as the key parameters for an agreement. I have also taken an active role on this issue in the Foreign Affairs Council, urging my colleagues to continue our work to help preserve and create the political and physical space in which the two state solution can be achieved. I visited the region earlier this year and met with representatives of both parties, and I hope to do so again in the coming months.

This meeting will be an opportunity both to hear from Prime Minister Netanyahu, and to underline to him key EU messages and concerns about the Middle East. Subject to other commitments, I would expect to attend.

Departmental Expenditure

Ceisteanna (94)

Fergus O'Dowd

Ceist:

94. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Foreign Affairs and Trade the expenditure by his Department by heading (details supplied) in each of the years since June 1997 to January 2011, in tabular form; and the miscellaneous expenditure not relating to set Department budgets pertaining to the headings. [52223/17]

Freagraí scríofa

Tánaiste and Minister for Foreign Affairs and Trade

The records sought by the Deputy relate to a very wide range of expenditure areas and to a very lengthy period, beginning over twenty years ago and running to almost seven years ago. In that context, the bulk of the records in question are no longer available and could only be obtained at a disproportionate cost to my Department and the Exchequer.

Brexit Negotiations

Ceisteanna (95)

Brendan Smith

Ceist:

95. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the progress made to date in Brexit talks in ensuring that there will be no diminution in the working or potential of the Good Friday Agreement; and if he will make a statement on the matter. [52291/17]

Freagraí scríofa

Tánaiste and Minister for Foreign Affairs and Trade

The Government is determined to ensure that the Good Friday Agreement in all its parts is fully protected and respected in the context of the UK’s withdrawal from the EU and this has been a headline priority since the UK referendum result. As co-guarantor of the Good Friday Agreement, the Government has a solemn responsibility to protect the Agreement, in all its parts, and the gains of the Peace Process. I am very conscious of the enormous benefit which the Agreement has brought to people and communities within Northern Ireland, across the island of Ireland and in Britain. The British Government has likewise confirmed its commitment to upholding the Good Friday Agreement, including in Prime Minister May’s Article 50 notification to the President of the European Council, Donald Tusk, in March. The Government’s programme of engagement with EU partners over the last eighteen months and more has ensured that Ireland’s unique issues and concerns - including the protection of the Good Friday Agreement in all its parts - have been fully understood by the EU27 and have been reflected in the EU Negotiating Guidelines and Directives for the Article 50 process. The support and solidarity of our EU partners for the unique challenges facing the island of Ireland has been strong and consistent throughout the Article 50 process.

The Guiding Principles for the Dialogue on Ireland/Northern Ireland, published by the European Commission Article 50 Task force in September, form the basis for the EU’s engagement with the United Kingdom in the Article 50 negotiations on the shared objective of protecting the Good Friday Agreement in all its parts and protecting the gains and benefits of the Peace Process.

The Guiding Principles affirm that, as an essential element of the withdrawal process, there needs to be a political commitment to protecting the Good Friday Agreement in all its parts, protecting the gains of the peace process and the practical application of this to the island of Ireland. A number of principles guiding this approach are set out, specifically that:

the interlocking political institutions established by the Good Friday Agreement will need to continue to operate effectively;

the avoidance of a hard border on the island of Ireland is central to protecting the gains of the Peace Process underpinned by the Good Friday Agreement;

North South cooperation is a central part of the Good Friday Agreement and should be protected across all of the relevant sectors;

with reference to the Good Friday Agreement provisions on Rights, Safeguards and Equality of Opportunity, the United Kingdom should ensure that no diminution of rights is caused by the departure from the European Union, including the area of protection against forms of discrimination currently enshrined in Union law;

full account should be taken of the fact that Irish citizens residing in Northern Ireland will continue to enjoy rights as EU citizens;

in relation to Union support to the Peace Process including through programmes such as PEACE and INTERREG, the United Kingdom and the Union need to honour their commitment under the current Multi-annual Financial Framework and examine how to ensure implementation in line with applicable European Union rules.

The Guiding Principles also affirm the importance of the continued operation of the Common Travel Area to facilitating the mobility of people between the islands of Ireland and Great Britain and also between North and South. The CTA also underpins the peace process and the Good Friday Agreement, in particular the citizenship and identity provisions, including by enabling people of Irish identity not to have to assert British citizenship in Northern Ireland in order to enjoy their rights.

While the Government is disappointed that there wasn’t a full agreement reached on Monday between President Juncker and Prime Minister May, negotiations will continue and I hope that agreement can be found in time for the European Council on 14 and 15 December next.

The Government is working hard, as part of the EU27, to ensure that the UK’s exit from the EU does not in any way undermine the peace process and ensure that we preserve the effectively invisible border on the island of Ireland. The negotiations in the last number of months and the intensive discussions over the last number of days have seen a good political understanding develop on all sides of what will be required to achieve our shared objectives. We will continue to work closely with the Task Force and the UK Government in the coming days.

As the negotiations continue into the future, the Government will continue to pursue, with our EU partners, an outcome to the Article 50 process that protects our headline priorities and Ireland’s fundamental interests, including to ensure protection of and respect for the Good Friday Agreement in all its parts.

Tax Collection

Ceisteanna (96)

Marc MacSharry

Ceist:

96. Deputy Marc MacSharry asked the Minister for Finance the costs that will apply to the establishment of the infrastructure and specialist staff to manage the escrow fund which will hold the €13 billion which the European Commission has directed Ireland to collect from a company (details supplied) in lieu of their calculation of tax owing to Ireland by the company subject to an ongoing appeal in the European Courts; the budget that has been set aside for this within the finance budget Vote for 2018; the reason the existing infrastructure of the NTMA is not being used for this purpose; the extent to which the company has designed the process being followed by his Department heretofore; if the costs of this infrastructure and specialist staff being met by the company or the taxpayer; and if he will make a statement on the matter. [52094/17]

Freagraí scríofa

Minister for Finance

While the Government has never accepted the Commission’s analysis in the Apple State aid decision, we have always been clear that we are fully committed to ensuring that recovery of the alleged State aid takes place without delay and has committed significant resources to ensuring that this is achieved as quickly as possible.

The recovery obligation in the Commission’s Decision is binding on Ireland, therefore, it is up to the State to decide how we comply with it. The approach adopted is via the establishment of an escrow fund, in co-operation with Apple as this was identified as the method that delivers the best outcome for the State.

As part of the establishment of the escrow fund, the NTMA, on my behalf, and Apple will jointly appoint (i) a third party escrow agent / custodian to hold the assets and administer the escrow fund and (ii) third party investment managers to manage the escrow fund.  These service providers will be appointed following competitive tender processes, which are currently ongoing. Given the NTMA’s existing functions and expertise, and the scale and complexity involved, as Minister I appointed the NTMA as my agent under section 28 of the National Treasury Management Agency (Amendment) Act 2000 to run the procurement processes on my behalf.

Due to the ongoing procurement processes which are subject to commercially sensitive deliberations, I am not in a position to provide further information on the costs associated with the management of the escrow fund at this point in time.

Significant progress has been made on this complex issue and the establishment of an escrow fund, in compliance with all relevant Irish constitutional and European Union law requirements, is close to completion. The Deputy will be aware of a recent announcement on progress in this respect. Officials and experts from across the State have been engaged in intensive work to ensure that Ireland complies with all its recovery obligations as soon as possible.

With regard to the costs in relation to the recovery process to date, approximately €2 million (including VAT) has been spent by the State (including the Department of Finance, the Revenue Commissioners, the NTMA, the Central Bank of Ireland, the Attorney General’s Office and the Chief State Solicitor’s Office). This case has involved a significant degree of legal and technical complexity, and additional expertise has been engaged where required. As it is an important issue for the State, the recovery process will continue to be appropriately resourced. A provision for some expenditure in relation to this has been included in the 2018 estimates which will be used on an as-required basis in relation to this process.

Tax Code

Ceisteanna (97)

Michael McGrath

Ceist:

97. Deputy Michael McGrath asked the Minister for Finance his plans to change the law in respect of the 25% maximum tax free lump sum drawdown of certain pension schemes before 75 years of age ; the rules in this area; and if he will make a statement on the matter. [52171/17]

Freagraí scríofa

Minister for Finance

I am advised by Revenue that in relation to Retirement Annuity Contracts (RACs) and Personal Retirement Savings Accounts (PRSAs), Part 30 of the Taxes Consolidation Act 1997 provides that individuals may draw down a maximum retirement lump sum of 25% of the accumulated value of their RAC or PRSA generally from age 60, but not later than age 75. For PRSAs linked to occupational pension schemes into which Additional Voluntary Contributions have been made, the maximum lump sum is based on the scheme rules, the individual’s length of service and final earnings, with 150% of final salary being the maximum lump sum available based on 20 years service. Under Chapter 1 of Part 30, retirements benefits from occupational schemes must be taken not later than age 70.

In the case of an RAC, the retirement lump sum must be taken at the time an annuity becomes payable under the contract or the individual opts to transfer the balance of the fund after the lump sum to an Approved Retirement Fund or take the fund as a taxable cash sum. Both of these options are subject to the requirement that the individual transfers €63,500 of the fund balance (or all of the balance, if less than €63,500) to an Approved Minimum Retirement Fund, or uses it to purchase an annuity. In the case of a PRSA, the lump sum must be taken on the first occasion benefits are taken from the PRSA.    

I am further advised that the maximum cumulative tax-free total of all retirement lump sums that an individual can take from all pension arrangements since 7 December 2005 is €200,000. Any lump sums taken in excess of this cumulative life-time limit are subject to taxation at a ring-fenced rate of 20% on the next €300,000, and at the individual’s marginal income tax rate plus USC on any balance.

I have no plans to change the current retirement lump sum rules in this area.

Departmental Expenditure

Ceisteanna (98)

Fergus O'Dowd

Ceist:

98. Deputy Fergus O'Dowd asked the Minister for Finance the expenditure by his Department by heading (details supplied) in each of the years since June 1997 to January 2011, in tabular form; and the miscellaneous expenditure not relating to set Department budgets pertaining to the headings. [52222/17]

Freagraí scríofa

Minister for Finance

The records sought by the Deputy relate to a very wide range of expenditure areas and to a very lengthy period, beginning over twenty years ago and running to almost seven years ago.

In that context, the bulk of the records in question are not readily available and could only be obtained at a disproportionate cost to my Department and the Exchequer.

Small and Medium Enterprises Supports

Ceisteanna (99)

Niall Collins

Ceist:

99. Deputy Niall Collins asked the Minister for Finance if a company is permitted to scale up beyond the SME headcount level of 250 employees and remain eligible for the scheme under the criteria laid down by the Finance Bill 2017. [52282/17]

Freagraí scríofa

Minister for Finance

The ‘Key Employee Engagement Programme’ (KEEP), introduced in Budget 2018, has the objective of supporting Small and Medium Enterprises in Ireland in competing with larger enterprises to recruit and retain key employees.  Smaller and/or younger companies with growth potential may not have the cash resources available to offer comparable salary packages to large, established businesses.  However, where the employee believes in the growth potential of the firm, and by extension the potential for the company shares to increase in value, remuneration in the form of share options may improve the attractiveness of the SME employment offer.

The Deputy's question refers to the KEEP qualifying criteria, specifically the requirement that the company must be an SME company.  After the publication of the Finance Bill in October, it was identified that the legislation, as originally drafted, could have had the unintended consequence of incentivising a company not to grow beyond SME size throughout any period in which KEEP share options had been issued by the company but not yet exercised by the employee(s). 

In order to correct this issue, technical amendments were brought forward at Report Stage of the Finance Bill. The definition of "qualifying company" was amended to specify that the conditions relating to the SME size requirement and the cap on the maximum value of issued but unexercised qualifying KEEP options are to apply only at the time of the granting of KEEP share options.

Therefore, where a company that has issued KEEP share options subsequently grows beyond SME size, it will no longer be able to issue new KEEP options, but any KEEP options issued while the company was a qualifying SME will continue to be treated as KEEP options.

This amendment will ensure that the programme operates as intended to support the recruitment and retention of employees by SME companies, while also ensuring that the KEEP scheme does not create an unintentional bias against growth beyond SME size in the period in which KEEP share options are on issue.

Banking Sector Regulation

Ceisteanna (100)

Róisín Shortall

Ceist:

100. Deputy Róisín Shortall asked the Minister for Finance if borrowers are entitled to be informed if a transfer of a loan takes place; if a physical transfer paper trail in keeping with the Central Bank code of transfers for mortgages needs to be maintained in line with section 8(h) of the Data Protection Acts 1988 and 2003, which provides that consent of the data subject is required for a transfer of data; if he has satisfied himself that these rules are being adhered to by banks dealing with mortgages that are in arrears of have been foreclosed; and if he will make a statement on the matter. [52292/17]

Freagraí scríofa

Minister for Finance

I am informed by the Central Bank that when a consumer takes out a loan from a regulated lender, it is subject to adherence to all the relevant consumer protections.

In relation to the transfer of a loan taking place, most loan agreements include a clause that allows the original lender to sell the loan onto another firm. Provision 3.11 of the Central Bank’s Consumer Protection Code 2012 (the Code) requires that where a regulated entity intends to transfer all or part of its regulated activities to another regulated entity, it must:

- notify the Central Bank immediately;

- provide at least two months’ notice to affected consumers to enable them to make alternative arrangements;

- ensure all outstanding business is properly completed prior to the transfer;

- inform the consumer of how continuity of service will be provided following the transfer; and

- inform the consumer that their details are being transferred to the other regulated entity, if that is the case.

In July 2015, the Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 (“the 2015 Act”) was enacted, which introduced a regulatory regime for a new type of entity called a ‘credit servicing firm’. Under the 2015 Act, if the firm who bought the loans from the original lender is an unregulated firm then the loans must be serviced by a credit servicing firm who is regulated by the Central Bank. Credit servicing firms must act in accordance with Irish financial services law that applies to ‘regulated financial service providers’. This ensures that consumers, whose loans are sold to another firm, maintain the same regulatory protections they had prior to the sale, including under the various statutory codes of conduct issued by the Central Bank, such as the Code, the Code of Conduct for Mortgage Arrears 2013 and the Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Lending to Small and Small and Medium-Sized Enterprises) Regulations 2015.

Since the enactment of the 2015 Act, the original lender must now provide a consumer with at least 2 months’ notice before transferring all or part of a loan book covered by the Code to another person, including where the transferee is an unregulated entity. Where the transferee is an unregulated entity, the Code now requires that the regulated lender also notify the consumer of the regulated entity that will be ‘servicing’ the loan for the unregulated entity. This was not the case before the enactment of the 2015 Act because servicing a loan was not a regulated activity requiring authorisation by the Central Bank. In the event that the entity ‘servicing’ a loan for an unregulated entity is to change, the existing credit servicing firm must also notify the Central Bank and the consumer in advance, in accordance with the timelines set out under Provision 3.11 of the Code.

In relation to record keeping, the Central Bank has informed me that Chapter 11 of the Code provides that regulated entities must retain records for six years from the date on which the regulated entity ceased to provide any product or service to the consumer concerned. In addition, a regulated entity must maintain complete and readily accessible records and, upon being required by the Central Bank to do so, provide to the Central Bank records evidencing compliance with the Code for a period which the Central Bank may specify (up to maximum period of six years).

Pension Provisions

Ceisteanna (101)

Richard Boyd Barrett

Ceist:

101. Deputy Richard Boyd Barrett asked the Minister for Public Expenditure and Reform if it is an offence under the Employment Equality Acts 1998 to 2015 regarding terms and conditions of employment on the ground of disability to oblige disabled civil servants be members of the 1984 spouses and children's superannuation scheme, in view of the fact that some disabled civil servants due to physical disability or psychiatric ill health lack the capacity for marriage either during their career or in their retirement (details supplied); and if he will make a statement on the matter. [52089/17]

Freagraí scríofa

Minister for Public Expenditure and Reform

The Civil Service Spouses’ and Children’s Scheme is a contributory scheme that provides pensions to the spouse and children of members who die in service, or after they have qualified for pension (or preserved pension). Membership is compulsory for male established civil servants appointed on or after 1 January 1969 and female established civil servants appointed on or after 1 June 1981. Officers serving prior to the relevant dates were given options to join. Following discussions with staff interests, a ‘revised’ scheme was introduced in 1984 which provides for a wider range of beneficiaries. The revised scheme was compulsory for all civil servants joining after 1 September 1984, while serving staff, including those who were members of the original scheme, had the option to join.

I agree with the finding of the Commission on Public Service Pensions (2000) that public service spouses’ and children’s schemes are structured on a group insurance basis and that member contribution rates take account of the fact that payment of benefits will not arise in respect of all members.

I am satisfied that the Civil Service Spouses' and Children's Contributory Pension Scheme meets the requirements of the Employment Equality Acts, 1998 – 2015 in relation to all of the grounds of discrimination set out in the legislation, including on grounds of disability.

Departmental Expenditure

Ceisteanna (102)

Fergus O'Dowd

Ceist:

102. Deputy Fergus O'Dowd asked the Minister for Public Expenditure and Reform the expenditure by his Department by heading (details supplied) in each of the years since June 1997 to January 2011, in tabular form; and the miscellaneous expenditure not relating to set Department budgets pertaining to the headings. [52227/17]

Freagraí scríofa

Minister for Public Expenditure and Reform

The Department of Public Expenditure and Reform was established on 6 July 2011 and therefore had no expenditure under the headings provided in the question from June 1997 to January 2011.

Residential Institutions Redress Scheme

Ceisteanna (103)

Catherine Connolly

Ceist:

103. Deputy Catherine Connolly asked the Minister for Education and Skills further to Parliamentary Question No. 131 of 25 October 2017, if his attention has been drawn to the 2016 report of the appeals officer of Caranua; if so, the differences in the numbers of appeals granted by the former appeals officer compared with the new appeals officers; if such a difference exists, the reason therefore; his plans to review the decisions of the former appeals officer to ensure that those decisions were fair and reasonable in all circumstances; the date on which the report will be laid before the Houses of the Oireachtas; and if he will make a statement on the matter. [52203/17]

Freagraí scríofa

Minister for Education and Skills

The 2016 annual report of the outgoing independent appeals officer appointed to consider appeals against decisions of Caranua, the Residential Institutions Statutory Fund, covering the period from February 2016 to April 2017, was submitted to me and subsequently laid before the Houses of the Oireachtas on 10 November in fulfilment of the requirement laid down in section 21 of the Residential Institutions Statutory Fund Act 2012. The new appeals officers appointed by me in May 2017 will, in due course, provide me with an annual report covering their first year’s work. 

The appeals officers are entirely independent in the performance of their functions under the 2012 Act. Persons who are dissatisfied with decisions of an appeals officer may appeal that decision to the High Court on a point of law. There is no power available to me which would enable me to reopen closed appeals cases and I have no plans to do so.

Minor Works Scheme Applications

Ceisteanna (104, 112, 117, 118, 119, 121, 122, 124, 125, 127)

Brian Stanley

Ceist:

104. Deputy Brian Stanley asked the Minister for Education and Skills the status of an application for a minor works grant by a school (details supplied). [52074/17]

Eamon Scanlon

Ceist:

112. Deputy Eamon Scanlon asked the Minister for Education and Skills the position regarding the payment of minor works grants 2017 to 2018 to schools; and if he will make a statement on the matter. [52106/17]

Fergus O'Dowd

Ceist:

117. Deputy Fergus O'Dowd asked the Minister for Education and Skills the status of the minor works grant for a school (details supplied) in County Louth; if the grant has been authorised for 2017; if not, the reason therefore; and if he will make a statement on the matter. [52137/17]

Brendan Howlin

Ceist:

118. Deputy Brendan Howlin asked the Minister for Education and Skills if the minor works grant is being paid to primary schools; and if so, when payment will be made; and if he will make a statement on the matter. [52140/17]

Thomas P. Broughan

Ceist:

119. Deputy Thomas P. Broughan asked the Minister for Education and Skills when the minor works grant will be issued to national schools in the Dublin north bay area; and if he will make a statement on the matter. [52145/17]

Seán Haughey

Ceist:

121. Deputy Seán Haughey asked the Minister for Education and Skills if a minor works grant for a school (details supplied) will be paid; if his attention has been drawn to the fact that the non payment of these grants in November causes financial difficulties for schools generally; the reason the payment of these grants is held over until the new year; and if he will make a statement on the matter. [52167/17]

Seán Haughey

Ceist:

122. Deputy Seán Haughey asked the Minister for Education and Skills if a minor works grant for a school (details supplied) will be paid; if his attention has been drawn to the fact that the non payment of these grants in November causes financial difficulties for schools generally; the reason the payment of these grants is held over until the new year; and if he will make a statement on the matter. [52168/17]

Shane Cassells

Ceist:

124. Deputy Shane Cassells asked the Minister for Education and Skills when the minor works grant will be paid to a school (details supplied) in County Meath; and if he will make a statement on the matter. [52246/17]

Shane Cassells

Ceist:

125. Deputy Shane Cassells asked the Minister for Education and Skills the reason for the delay in schools receiving the minor works grant; and if he will make a statement on the matter. [52247/17]

Brendan Smith

Ceist:

127. Deputy Brendan Smith asked the Minister for Education and Skills when payments will issue under the minor works grant scheme; if his attention has been drawn to the fact that many schools are in need of such payments; and if he will make a statement on the matter. [52285/17]

Freagraí scríofa

Minister for Education and Skills

I propose to take Questions Nos. 104, 112, 117 to 119, inclusive, 121, 122, 124, 125 and 127.

I am pleased to advise that yesterday I announced the Minor Works Grant 2017/2018 for primary schools across the country and payment will issue next week.

The funding will allow minor works to be carried out on the physical infrastructure of schools or on the purchase of items of furniture and equipment.

Institutes of Technology

Ceisteanna (105, 106, 107)

James Browne

Ceist:

105. Deputy James Browne asked the Minister for Education and Skills the position regarding the selection of a site for the new Wexford campus of IT Carlow; and if he will make a statement on the matter. [52086/17]

James Browne

Ceist:

106. Deputy James Browne asked the Minister for Education and Skills the reason for the recent collapse in the sale of lands for a new Wexford campus of IT Carlow; and if he will make a statement on the matter. [52087/17]

James Browne

Ceist:

107. Deputy James Browne asked the Minister for Education and Skills the steps he will take to prioritise selection of a new site to develop a new Wexford campus of IT Carlow in view of the collapsed deal to purchase lands for a Wexford campus; and if he will make a statement on the matter. [52088/17]

Freagraí scríofa

Minister for Education and Skills

I propose to take Questions Nos. 105 to 107, inclusive, together.

My Department has been supportive of the proposed acquisition by IT Carlow of a particular site in Wexford for the development of a new purpose-built campus.  Funding has been allocated to enable IT Carlow to acquire this site. However, the Department has now been informed of a decision by the vendor that the sale of that site cannot proceed as originally contemplated.

The Department is assessing the situation and will work with IT Carlow on how best to progress its development needs in Wexford.