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Wednesday, 17 Jan 2018

Written Answers Nos. 62-67

Capital Expenditure Programme Review

Ceisteanna (62)

Dara Calleary

Ceist:

62. Deputy Dara Calleary asked the Minister for Finance the key priorities of his Department in regard to the forthcoming capital review; the projects it has submitted for priority inclusion in the review; the status of his negotiations with the Department of Public Expenditure and Reform on the review; and if he will make a statement on the matter. [2290/18]

Amharc ar fhreagra

Freagraí scríofa

For the purposes of the capital review the Department of Public Expenditure and Reform looks at the Finance Vote Group. There are 4 Votes in the Finance Group: The Department of Finance, the Office of the Revenue Commissioners, the office of the Comptroller and Auditor General, and the Tax Appeals Commission.

Following the Mid-Term Review of the Capital Plan, the Department of Finance Vote Group has been allocated €91 million in capital expenditure over 2018-2021. A small proportion of this is to be allocated to the Department of Finance to provide for IT equipment, IT systems, and to ensure appropriate facilities are in place for staff of the Department. The vast majority of the allocation will be allocated to the Office of the Revenue Commissioners.

This additional capital funding will enable the Office of the Revenue Commissioners to deliver further IT Development (PAYE Modernisation). The project represents the most significant reform of the administration of the PAYE system in over fifty years. The objective of the project is that employers, employees and Revenue will all have access to the most accurate and up-to-date information available relating to pay, tax, PRSI and USC deductions. This will ensure that the right amount is collected at the right time from employees, and that employers pay their correct liabilities when required.

I am satisfied with the current status of the negotiated allocation for the Finance Vote Group.

Departmental Data

Ceisteanna (63)

Dara Calleary

Ceist:

63. Deputy Dara Calleary asked the Minister for Finance if bullying or sexual harassment claims have been lodged in his Department in each year since 2011; if so, the number of both complaints on an annual basis, in tabular form; if these complaints have been investigated; the outcome of each investigation; and the policies in place in his Department to combat bullying and sexual harassment. [2316/18]

Amharc ar fhreagra

Freagraí scríofa

The Department takes any claims of bullying and/or harassment very seriously and any such claim are dealt with under the Dignity At Work policy. The Department had 1 claim of bullying and/or harassment made between 2011 and 2017. This case underwent independent investigation however the result is confidential.

The Department has provided copies of the Dignity at Work policy to all staff and it also given to new staff at Induction. The policy on bullying and harassment is also included in the Staff Handbook which is provided to all staff. All of these documents are also available on the Department's internal HR website.

In 2017, the Department arranged a Dignity at Work presentation which was provided by the Civil Service Employee Assistance Service and has circulated a pamphlet on the new Disciplinary Code to all staff.

Central Bank of Ireland

Ceisteanna (64)

Michael McGrath

Ceist:

64. Deputy Michael McGrath asked the Minister for Finance if the Central Bank has had engagement with the Office of the Director of Corporate Enforcement as part of the tracker mortgage scandal regarding possible breaches of the Companies Acts; and if he will make a statement on the matter. [2354/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Central Bank’s regulatory mandate is to ensure the proper and effective regulation of financial institutions and markets, while ensuring that the best interests of consumers of financial services are protected. The tracker mortgage examination is being conducted by the Central Bank pursuant to this statutory mandate with a view in particular to ensuring the interests of consumers are protected and that regulated entities and individuals are held to account, as appropriate, for any regulatory failings. 

The Central Bank has advised that if it identifies information in the course of its work that leads it to suspect a breach of the Companies Acts has been committed it is required to make a report to the Office of the Director of Corporate Enforcement (ODCE). The Central Bank takes these obligations very seriously.  To date, the Central Bank has not had any contact with the ODCE with regard to the tracker mortgage examination.  The Central Bank is currently conducting enforcement investigations related to the tracker mortgage investigation. It is keeping its reporting obligations to the ODCE under review and any reports will be made as appropriate. 

VAT Rebates

Ceisteanna (65)

Michael McGrath

Ceist:

65. Deputy Michael McGrath asked the Minister for Finance if the Revenue Commissioners have discretion to approve a refund of VAT beyond the existing four year time limit in respect of VAT refunds on aids and appliances used by persons with disabilities and in which extenuating circumstances apply; and if he will make a statement on the matter. [2357/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Revenue Commissioners that section 99(4) of the Value-Added Tax Consolidation Act, 2010 provides that a claim for a refund of VAT must be made within four years after the end of the taxable period to which it relates. Section 99(6) of the Act prohibits Revenue from refunding any amount of tax except as provided for in the legislation; therefore there is no discretion to approve a refund claim that is outside the four year time limit even where extenuating circumstances may exist.

Community Employment Schemes Supervisors

Ceisteanna (66)

Pat Casey

Ceist:

66. Deputy Pat Casey asked the Minister for Public Expenditure and Reform his Department's position on the provision of pension entitlements to employees such as community employment personnel who have their entire salary provided by the State; and if he will make a statement on the matter. [2180/18]

Amharc ar fhreagra

Freagraí scríofa

An issue which has been under discussion by the Community Sector High Level Forum relates to community employment supervisors and assistant supervisors who have been seeking, through their union representatives, the allocation of Exchequer funding to implement a Labour Court recommendation relating to the provision of a pension scheme.

At the April meeting of the Forum, 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.

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.

A meeting of the Forum took place on Thursday, 23 November 2017 where the findings of the scoping exercise were shared with members of the Forum. A follow up meeting to deal with technical questions arising from the exercise took place on Friday, 15 December 2017.

Office of Public Works

Ceisteanna (67)

Kevin O'Keeffe

Ceist:

67. Deputy Kevin O'Keeffe asked the Minister for Public Expenditure and Reform if a location (details supplied) in County Cork falls within the remit of the Office of Public Works for funding of works to trees which are dangerous and need to be removed. [2187/18]

Amharc ar fhreagra

Freagraí scríofa

The risk of trees falling into the Gouldshill Stream which forms part of the Mallow Flood Relief Scheme, and which could potentially cause an obstruction to the channel, comes within the maintenance remit for the Scheme. The Office of Public Works (OPW) consequently has responsibility for the removal of such debris under the Scheme’s maintenance programme to prevent a likely increased risk of flooding. I am advised that Cork County Council has arranged to have the trees in question inspected. However, the trees are the property of the owners on whose lands they are situated, so the risk of any trees falling onto any property would be a matter for the property owners themselves to address.

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