Written Answers Nos. 228-249
228. Deputy Michael McGrath asked the Minister for Finance his views on insurance companies charging extra to HSE first responders; if there is a regulatory prohibition of such a practice; if there are tax incentives or reliefs for first responders for the role they play; and if he will make a statement on the matter. [25035/18]
Amharc ar fhreagraI am disappointed that some insurance companies are continuing to apply an additional charge to volunteer cardiac first responders who are providing such a valuable community service. However, it is important to note that as Minister for Finance I am responsible for the development of the legal framework governing financial regulation. Neither I, nor the Central Bank of Ireland, can interfere in the provision or pricing of insurance products, as these matters are of a commercial nature and are determined by insurance companies based on an assessment of the risks they are willing to accept. This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products. Consequently, I am not in a position to direct insurance companies as to the pricing level or terms or conditions that they should apply in respect of particular categories of drivers or vehicles, including HSE first responders.
In making their individual decisions on whether to offer cover and what terms to apply, insurers will use a combination of rating factors, which include how the vehicle is used, as well as the age and type of the vehicle, the age of the driver, the relevant claims record and driving experience, and the number of drivers. My understanding is that insurers do not all use the same combination of rating factors, and as a result prices and availability of cover varies across the market. In addition, insurance companies will price in accordance with their own past claims experience, meaning that in relation to particular categories, different insurance companies will have different views.
However, it is acknowledged that pricing in the motor insurance sector has been subject to a lot of volatility in recent years with a related problem, being the availability of cover in the first place. These issues were the main impetus for the establishment of the Cost of Insurance Working Group. Its Report on the Cost of Motor Insurance was published in January 2017. The Report makes 33 recommendations with 71 associated actions to be carried out in agreed timeframes, set out within an Action Plan.
Work is ongoing on the implementation of the recommendations by the relevant Government Departments and Agencies and there is a commitment within the Report that the Working Group will prepare quarterly updates on its progress. The fifth such update was published on 11 May and shows that of the 50 separate deadlines set to date within the Action Plan, 40 have been met. Substantial work has also been undertaken in respect of the nine action points categorised as “ongoing”. Both the Report and the quarterly updates are available on the Department’s website, within “The Cost of Insurance Working Group” sub-section of the main “Insurance” section.
It should be noted that the most recent CSO data (for May 2018) indicates that private motor insurance premiums have decreased by 19% since peaking in July 2016. While the CSO statistics indicate a greater degree of stability on an overall basis, these figures represent a broad average and therefore I appreciate many people may still be seeing increases. However, I am hopeful that the improved stability in pricing will be maintained and that premiums should continue to fall from the very high levels of mid-2016. In addition, with the full implementation of the Motor Report, I believe that Ireland will be more attractive to new entrants thus increasing capacity as well as competition which should have a positive impact in the pricing of motor insurance for certain categories of drivers such as cardiac first responders.
With regard to tax incentives or reliefs, there is no specific measure or relief targeted at HSE first-responders. However, if a paramedic employed by the HSE is obliged to incur an expense that is wholly and exclusively for the purpose of his or her employment, and not reimbursed by his or her employer, a deduction may be available under section 114 of the Taxes Consolidation Act 1997. Section 114 provides for a tax deduction in respect of expenses incurred wholly, exclusively and necessarily by an individual in the performance of the duties of his or her employment.
229. Deputy Michael McGrath asked the Minister for Finance the position regarding customers who were undercharged mortgages in 2013 by a bank (detail supplied); if the Central Bank formally investigated the bank in relation to the issue; the number of mortgage accounts affected; the outcome of the resolution of these cases; the number of these cases that are with the Financial Services and Pensions Ombudsman; and if he will make a statement on the matter. [25089/18]
Amharc ar fhreagraThe Central Bank has advised that errors by lenders (and other regulated financial services firms) are monitored by the Central Bank through a number of supervisory tools, including on-site inspection work and through the statutory requirement imposed on lenders to notify the Central Bank of certain errors within timeframes prescribed by the Consumer Protection Code. All such errors, including those related to mortgage accounts, are thoroughly analysed and monitored by the Central Bank to ensure that they are fully resolved, with customers notified and refunded promptly, systems’ failures corrected and controls implemented to prevent a recurrence of the error. The Central Bank considers each error on its own merits, with the overarching objective of protecting consumers’ interests, including ensuring that they are not left out of pocket.
While the Central Bank cannot comment on individual interactions with regulated entities it can confirm that, as required by the Central Bank’s statutory Consumer Protection Code, it was notified by the particular bank referred to by the Deputy of a substantial under-collection error. The bank confirmed that the error affected approximately 1,300 accounts with a total of approximately €41 million under collected from customers. The error was as a result of a failure to move customers to full capital and interest payments after the initial interest only period on their mortgage expired. A number of repayment options were afforded to customers at that time. This error was monitored by the Central Bank to its resolution. However, any customer who is not satisfied with how they were treated by the bank continue to be entitled to make a complaint to the particular institution regarding the error. However, if the customer is not satisfied by the outcome at that level then they can make a complaint to the Financial Services and Pensions Ombudsman.
The Financial Services and Pensions Ombudsman (FSPO) has also advised that section 72 of the Central Bank (Supervision and Enforcement) Act 2013, gave the FSPO the power to publish reports identifying regulated financial service providers who have had at least three complaints against them substantiated or partly substantiated. The Ombudsman published a list of such providers in his Annual Review each year since 2014 and the Ombudsman proposes to continue to publish a list of financial service providers that in any financial year have 3 or more complaints relating to a financial service upheld, substantially upheld or partially upheld.
230. Deputy Michael McGrath asked the Minister for Finance his views on situations in which investors using a stockbroker service are left exposed if that stockbroker goes into liquidation; if there is an equivalent to the financial services compensation scheme in the UK; if so, the parameters of such a scheme; the way in which it works vis-à-vis the liquidation process; and if he will make a statement on the matter. [25090/18]
Amharc ar fhreagraThe Investor Compensation Directive (97/9/EC) sets out the basis for clients of investments firms to receive statutory compensation when an authorised investment firm fails. I understand that in the UK, the UK Financial Services Compensation Scheme operates a scheme for Deposit Guarantee, Insurance Guarantee and Investor Compensation purposes.
In Ireland, the Investor Compensation Act, 1998, transposes the requirements of the Directive and provides for the establishment of the Investor Compensation Company DAC (“ICCL”). The ICCL administers the Irish Investor Compensation Scheme.
The Scheme operated by the ICCL only deals with investor compensation matters and functions on the basis that eligible investors submit claims for compensation in circumstances where an investment firm fails and is unable to repay monies owed, or, return money and financial instruments held, administered or managed, on behalf of the client, in accordance with its legal and contractual obligations. The limit of compensation is 90% of the eligible investors net loss, subject to a maximum payment of €20,000 per eligible investor. In order for the ICCL to make a payment to an eligible investor, an Administrator must certify to the ICCL the compensatable loss of the eligible investor. In circumstances where an Official Liquidator has been appointed to an investment firm, the Act provides that the Official Liquidator may be appointed as Administrator for investor compensation purposes. Certified compensation payments are made from a fund which the ICCL collects and manages from authorised investment firms or licensed credit institutions in Ireland. Finally, contained on the ICCL website (www.investorcompensation.ie) is a Plain English Information Booklet for Consumers, and the Deputy may find this of assistance.
231. Deputy Mattie McGrath asked the Minister for Finance the sections and parts of all legislation brought forward by his Department in each of the past four years that have yet to be commenced; and if he will make a statement on the matter. [25178/18]
Amharc ar fhreagraAs the Deputy is aware the Oireachtas, when enacting legislation, in many instances provides a discretion to the relevant Minister in respect of the appropriate time to commence an Act, or certain provisions of an Act.
I set out in the attached table details of legislative provisions passed by the Oireachtas since 1 January 2013 but which are not yet formally commenced and for which I, as Minister for Finance, have lead responsibility.
|
- |
Act |
Provision |
Purpose |
|
1. |
Finance Act 2017 |
ss. 12(1) & 12(2), 68(1) |
Section 12 concerns allowances for childcare and fitness centres. Section 68 relates to amendments to farm consolidation relief. |
|
2. |
Asian Infrastructure Investment Bank Act 2017 |
s. 3 |
s. 3 shall come into operation on the day on which the State becomes a member of the Bank in accordance with the terms of the Agreement |
|
3. |
Finance Act 2016 |
s. 19 s. 28 |
s. 19 relates to balancing allowances and balancing charges s.28 relates to disposals of business or farm on "retirement" |
|
4. |
Finance Act 2015 |
s. 46 |
s. 46 relates to a requirement to make electronically a return or make a claim, submission or declaration for the purposes of any requirement of excise law. |
|
s. 76 |
s. 76 requires a property agent to include in a return of information the tax reference number of each property owner and the Local Property Tax (LPT) number in respect of each residential property. |
||
|
5. |
Finance Act 2014 |
s. 74 |
s. 74 relates to relief from stamp duty for certain leases of farmland. |
|
6. |
National Treasury Management Agency (Amendment) Act 2014 |
s. 5 (in part) |
s. 5 relates to amendments to Acts specified in Schedule 1 and Schedule 2 to the Act. |
|
s. 6(a) |
s. 6(a) provides for the repeal of the National Pensions Reserve Fund Act 2000 (other than s. 30). |
||
|
s. 6(d) |
s. 6(d) provides for the dissolution of the Investment of the National Pensions Reserve Fund and Miscellaneous Provisions Act 2009 (other than sections 9 and 11 to 13). |
||
|
s. 50 |
s. 50 provides for the dissolution of the National Pensions Reserve Fund Commission. |
||
|
s. 54 (in part) |
s. 54 relates to the transitional provisions in Schedule 4. |
||
|
Schedule 1 |
Part 2, Item (1)(b) – relates to the deletion from Schedule 2 to the Ombudsman Act 1980 of “National Pensions Reserve Fund Commission” Part 4, Items (2)(b), 2(c), (4), 7(b), 7(c), 9(b), 9(c), 10(b), 12(b), 12(c), 12(d) – relate to amendments to the Taxes Consolidation Act 1997 Part 8 – relates to the amendment of the Credit Institutions (Stabilisation) Act 2010 |
||
|
Schedule 2 |
Part 1, Item 1(b) – relates to amendments of the Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) Regulations 2004 Part 2, Item 1(b) – relates to amendment to the Official Languages Act 2003 (Public Bodies) Regulations 2006 Part 4 – relates to amendment of the Payments (Banks, Building Societies, Credit Unions and Savings Banks) Regulations 2008 Part 6, Items 1(a), 2(b) – relates to the amendment of the Payments (Insurance Undertakings) Regulations 2011 |
||
|
Schedule 4 |
Paragraph 15 – relating to the final accounts of the National Pensions Reserve Fund Commission Paragraph 17 – relating to the final annual report of the National Pensions Reserve Fund Commission |
||
|
7. |
Strategic Banking Corporation of Ireland Act 2014 |
s. 12 |
s. 12 relates to the alienation of shares in the Strategic Banking Corporation of Ireland by the Minister for Finance. |
|
8. |
Finance Act (No. 2) 2013 |
s. 45 |
s. 45 relates to entrepreneur relief |
232. Deputy Noel Grealish asked the Minister for Finance the reason customs officials are continuing to seize vehicles which have been outlined in a ruling, namely leased and borrowed vehicles from outside the State when the State has still not acted in accordance with the ruling by the European Court of Justice to amend its laws and systems for applying vehicle registration tax in the State following the ruling in September 2017 that Ireland is in breach of its obligations under Article 56 of the TFEU; the reason there has been no change of legislation in accordance with the ruling; and if he will make a statement on the matter. [25218/18]
Amharc ar fhreagraI am advised by Revenue that the obligation to register a vehicle is contained in the Finance Act 1992, section 131 and the obligation to register it within thirty days of bringing it into the State is provided for in Statutory Instrument 318 of 1992, Vehicle Registration and Taxation Regulations, regulation 8(1). This general principle, that vehicles being used in Ireland must be registered in Ireland, is consistent with EU law and I have no plans to introduce any changes in this regard.
The Court of Justice of the European Union did find in September 2017 that it is disproportionate for a Member State to levy the full registration tax where a vehicle is the subject of a lease in another Member State that is determined precisely and is known in advance (C-552/15). My officials are in communication with the European Commission about the extent of this ruling and I will be bringing forward measures in the forthcoming Finance Bill to implement it.
233. Deputy Michael McGrath asked the Minister for Finance the regulatory approach to hire purchase agreements; the role of different authorities in this regard; the application of the consumer protection code in this context; and if he will make a statement on the matter. [25241/18]
Amharc ar fhreagraBoth the Central Bank and the Competition and Consumer Protection Commission (CCPC) have certain functions and legal powers in relation to the provision of hire-purchase agreements.
Under current legislation (Consumer Credit Act 1995), the Central Bank has an overall role in relation to the operation of hire purchase agreements and the CCPC has responsibility for authorising and supervising the credit intermediaries. A "credit intermediary" is defined as "a person who in the course of his business arranges or offers to arrange for a consumer the provision of credit or the letting of goods in return for a commission, payment or consideration of any kind from the provider of the credit or the owner, as the case may be". The CCPC provides licenses to credit intermediaries and keeps an online list of credit intermediaries holding a valid authorisation which is available on the CCPC website www.ccpc.ie.
The CCPC also deals with complaints about the advertising of Credit Agreements, issuing Pawnbrokers licenses and the advertising of car finance on credit intermediary websites and in the media. The CCPC’s remit is limited to authorisation, as opposed to having a regulatory role for PCPs. It also has a specific statutory remit to provide personal finance information and education to assist consumers.
The Financial Services and Pensions Ombudsman can also investigate complaints from individual consumers about credit intermediaries.
The Consumer Protection Code does not apply to hire purchase and consumer hire agreements.
The Deputy will be aware of the recent publications by the Central Bank and the CCPC on Personal Contract Plans which are a form of hire purchase. My Department is examining these publications and will give careful consideration to what further actions, including consumer protection measures, if any would be appropriate in the light of those reports.
234. Deputy Pearse Doherty asked the Minister for Finance the discussions his Department or the Central Bank has had with their British counterparts regarding the sale of a bank (details supplied) in view of the implications for another bank; and if he will make a statement on the matter. [25255/18]
Amharc ar fhreagraThe British Government’s divestment policy for its equity stake in Royal Bank of Scotland (RBS) has long been signalled and the recent sales are an expected part of that strategy. Therefore, I have not been in contact with my counterparts in relation to the recent sale.
I met with senior personnel in RBS and Ulster Bank in May of this year. RBS has publicly stated its commitment to Ireland, and Ulster Bank has informed me that it is seeking to compete and grow for the benefit of its customers, the Irish economy and its shareholders.
The Central Bank has advised that due to statutory confidentiality requirements it is not in a position to comment on its supervisory engagement with individual firms.
235. Deputy Catherine Connolly asked the Minister for Finance his plans to reintroduce the windfall gain tax on rezoned lands abolished in budget 2015; and if he will make a statement on the matter. [25264/18]
Amharc ar fhreagraThe National Asset Management Agency Act 2009 amended the Taxes Consolidation Act 1997 by providing for an 80% windfall tax on profits or gains arising from disposals of development land, to the extent that those gains were attributable to a relevant planning decision.
Section 31 of Finance Act 2014 repealed the 80% tax rate on these profits or gains with effect from 1 January 2015.
The impetus for this latter amendment to the Taxes Consolidation Act 1997 came from the views expressed by various parties in both the private and public sector, with which the Minister for Finance at the time agreed, that the windfall tax provisions were acting and would act as an impediment to land rezoning, land development and redevelopment and to land sales for development.
The re-introduction of such a windfall tax on a similar basis is likely to act as a disincentive to landowners to dispose of such property, which could be detrimental to the Government policy to encourage home building.
In any event sales of land, including rezoned land, are normally subject to Capital Gains Tax at a rate of 33 per cent. I consider this rate to be appropriate and therefore I have no plans to introduce a windfall gain tax on rezoned lands.
236. Deputy Catherine Connolly asked the Minister for Finance the steps being taken to introduce a financial transactions tax; and if he will make a statement on the matter. [25265/18]
Amharc ar fhreagraIn September 2011 the European Commission presented a proposal for a Financial Transaction Tax (FTT) in all Member states of the EU to be levied on all financial instrument transactions between financial institutions where at least one of the transaction parties is located within the EU. The proposed rate on exchanges of shares was 0.1% and the proposed rate for derivative transactions was 0.01%. The tax would be levied on financial institutions – non-financial institutions would not be covered.
Ireland currently has a tax on financial transactions, a Stamp Duty on transfers of shares in Irish incorporated companies, which currently stands at 1%. In 2017 this stamp raised €428 million (€389 million in 2016).
The report ‘Getting Ireland Brexit Ready’ which was published in October 2016 in conjunction with Budget 2017, committed the Department of Finance to conduct a review of stamp duty on share transactions in 2017.
Following from this, the Department of Finance launched a review and associated public consultation under the title ‘Review of the Application of Stamp Duty to Stocks and Marketable Securities of Irish Incorporated Companies’ in September 2017.
A report on the outcome of this review and public consultation is currently being prepared for my consideration in advance of Budget 2019.
In relation to discussions at EU level, the Government's position is that an FTT would be best applied on a wide international basis to include the major financial centres to prevent the danger of activities gravitating to jurisdictions where taxes are not levied on financial transactions.
Notwithstanding this, the Government previously indicated that it did not wish to stand in the way of EU Member states that wish to work together to implement an FTT and in this regard adoption of a decision formally authorising enhanced cooperation took place during the Irish Presidency of the EU in January 2013.
The proposal for a Directive from the European Commission in the area of FTT was published in February 2013. Ireland had many concerns about the proposal as drafted, not the least of which were the potential impacts on, and the trading of, Irish Sovereign debt in the secondary market and in total, the potential negative impact on the liquidity of the financial sector as a whole.
Our concerns are widely shared amongst other Member states, including some of the participating countries.
Opponents of the EU FTT, including Ireland, continue to argue that it only makes sense if it covers many countries or else transactions will shift toward those financial centres which are not covered by it.
Much uncertainty still remains as to the form any FTT might take or if the initiative will be agreed to at all.
237. Deputy Pearse Doherty asked the Minister for Finance the basis on which a bank can cease providing banking services to a business; the opportunity such a business has to contest such a decision; and if he will make a statement on the matter. [25375/18]
Amharc ar fhreagraAs the Deputy will be aware, in my role as Minister for Finance I have no direct function in the relationship between the banks and their customers; and the provision of banking services to any customer is a commercial decision for the banks.
However, General Principle 2.11 of the Consumer Protection Code 2012 requires that an entity, without prejudice to the pursuit of its legitimate commercial aims, does not through its policies, procedures, or working practices, prevent access to basic financial services.
The SME Regulations (2015) also stipulate that, where a regulated entity decides to withdraw or amend a credit facility agreement it shall promptly provide the borrower with an explanation of the reasons for the decision to withdraw or amend the credit facility agreement.
If customers are unhappy with the service received from a firm which is regulated by the Central Bank, they are entitled to make a complaint by writing directly to the firm concerned. Depending on their circumstances, the complaints handling provisions of either the Consumer Protection Code or the SME Regulations will apply. A complaint under these can include an expression of grievance or dissatisfaction by a consumer in relation to the failure or refusal of a regulated entity to provide a product or service.
Regulated entities have procedures that they must follow on receipt of complaints from customers, including acknowledging the complaint and responding to that complaint within a certain timeframe.
If a business with an annual turnover of less that €3 million is not happy with the response received from the regulated entity they may raise the complaint with the Financial Services and Pensions Ombudsman. Under the Consumer Protection Code (2012) and the SME Regulations (2015) the regulated entity is also obliged to inform the complainant that they may be in a position to make a complaint to the Financial Services and Pensions Ombudsman, and of the contact details of the FSPO.
238. Deputy John Lahart asked the Minister for Finance his plans to lower the local property tax for senior citizens in budget 2019; and if he will make a statement on the matter. [25498/18]
Amharc ar fhreagraEarlier this year, I announced a review of the Local Property Tax (LPT). The review included a public consultation process which provided all interested parties and individuals with an opportunity to submit their views on the future of the LPT.
The focus of the review will be on property price developments and it will also examine the outstanding recommendations of the last review of the LPT in 2015. It is expected that the review will be completed at the end of August 2018 and that the report will provide a number of policy choices for consideration.
I would also point out that a system of deferral arrangements is currently available where there is an inability to pay LPT and where specified conditions are met. These conditions are set out at the following address on the Revenue website: (https://www.revenue.ie/en/property/local-property-tax/deferral-of-payment/index.aspx).
There are four separate categories of deferral available:
- Income Threshold;
- Personal Representative of a deceased person;
- Personal insolvency; and,
- Hardship grounds
These deferrals apply to all those liable to LPT where the conditions are met.
239. Deputy Jonathan O'Brien asked the Minister for Finance his Department's capital allocation in each of the years 2019 to 2023; and the areas to which funds will be allocated in each of those years. [25571/18]
Amharc ar fhreagraMy Department’s Capital Allocation provides for the routine acquisition of IT equipment and systems and certain premises expenses relating to the buildings it occupies. Aside from these types of expenditure my Department does not have any long or medium term Capital Projects.
For 2018 the Department’s allocation is approximately €1.7 million. €1.5 million is allocated to Office Premises, and €0.2m is allocated for IT Services.
OPW manage the tender process and the contractual arrangements in relation to expenses relating to the premises the Department occupies.
At present the Department has not made allocations beyond 2018 although some of the work currently in progress may not be complete by the end of the year. We will be setting our 2019 allocation during the Estimate’s process.
If the Deputy is referring to 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. An indicative capital envelope of €100 million is provided for 2022-2027.
The vast bulk of this capital funding is for the Office of the Revenue Commissioners. This is to 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.
240. Deputy Joan Burton asked the Minister for Finance the VAT payments received for each month from January to May 2016, 2017 and 2018 in addition to a summary of refunds under headings (details supplied). [25625/18]
Amharc ar fhreagraI am advised by the Revenue Commissioners that the VAT collected from 2016 to 2018 for each of the months January to May is provided in the table below. The figures for 2018 are provisional and may therefore be subject to future revisions.
The Deputy may be interested to note that additional detailed information relating to VAT MOSS transactions are now published on the Revenue website at the following link:
https://www.revenue.ie/en/corporate/information-about-revenue/statistics/registrations-assessments-transactions/vat-moss.aspx.
|
Month |
2016 (€m) |
2017 (€m) |
2018 (€m) (provisional) |
|
|
VAT remitted from domestic consumption |
Jan |
€ 2,276.7 |
€ 2,526.8 |
€ 2,789.8 |
|
Feb |
€ 506.1 |
€ 516.0 |
€ 487.7 |
|
|
March |
€ 1,816.2 |
€ 1,996.6 |
€ 2,120.8 |
|
|
April |
€ 491.8 |
€ 364.2 |
€ 435.5 |
|
|
May |
€ 2,046.5 |
€ 2,285.2 |
€ 2,360.5 |
|
|
VAT collected on imports |
Jan |
€ 110.5 |
€ 142.1 |
€ 110.2 |
|
Feb |
€ 98.2 |
€ 144.0 |
€ 128.6 |
|
|
March |
€ 100.6 |
€ 128.6 |
€ 128.5 |
|
|
April |
€ 104.6 |
€ 131.2 |
€ 106.1 |
|
|
May |
€ 107.7 |
€ 125.1 |
€ 135.0 |
|
|
VAT MOSS: Gross received |
Jan |
€ 2.1 |
€ 0.8 |
€ 0.1 |
|
Feb |
€ 37.9 |
€ 107.3 |
€ 69.1 |
|
|
March |
€ 1.0 |
€ 0.3 |
€ 0.7 |
|
|
April |
€ 1.8 |
€ 0.7 |
€ 0.2 |
|
|
May |
€ 47.1 |
€ 61.5 |
€ 74.1 |
|
|
VAT MOSS: Amount retained |
Jan |
€ 1.5 |
€ 0.2 |
€ 0.0 |
|
Feb |
€ 29.0 |
€ 97.9 |
€ 56.3 |
|
|
March |
€ 0.5 |
€ 0.0 |
€ 0.0 |
|
|
April |
€ 1.7 |
€ 0.3 |
€ 0.2 |
|
|
May |
€ 37.1 |
€ 52.2 |
€ 60.4 |
|
|
VAT refunds |
Jan |
-€ 295.6 |
-€ 352.1 |
-€ 463.0 |
|
Feb |
-€ 352.7 |
-€ 318.3 |
-€ 366.8 |
|
|
March |
-€ 417.6 |
-€ 342.6 |
-€ 305.4 |
|
|
April |
-€ 337.6 |
-€ 294.4 |
-€ 377.9 |
|
|
May |
-€ 331.9 |
-€ 416.4 |
-€ 491.9 |
241. Deputy Joan Burton asked the Minister for Finance if he will request the Revenue Commissioners to carry out an immediate audit of a company (details supplied) and to transmit by way of a spontaneous exchange of information under Article 9 of Council Directive 2011/16/EU to the tax authorities of all other member states details of the properties rented in their countries through the platform; and if he will make a statement on the matter. [25626/18]
Amharc ar fhreagra242. Deputy Joan Burton asked the Minister for Finance if he will request the Revenue Commissioners to carry out an immediate audit of a company (details supplied) and to transmit by way of a spontaneous exchange of information under Article 9 of Council Directive 2011/16/EU to the tax authorities of all other member states details of residents of those states selling goods through this platform; and if he will make a statement on the matter. [25627/18]
Amharc ar fhreagra243. Deputy Joan Burton asked the Minister for Finance if he will request the Revenue Commissioners to carry out an immediate audit of a company (details supplied) and to transmit by way of a spontaneous exchange of information under Article 9 of Council Directive 2011/16/EU to the tax authorities of all other member states details of residents of those states advertising through the platform; and if he will make a statement on the matter. [25628/18]
Amharc ar fhreagra244. Deputy Joan Burton asked the Minister for Finance if he will request the Revenue Commissioners to carry out an immediate audit of a company (details supplied) and to transmit by way of a spontaneous exchange of information under Article 9 of Council Directive 2011/16/EU to the tax authorities of all other member states details of residents of those states advertising through the platform; and if he will make a statement on the matter. [25629/18]
Amharc ar fhreagra245. Deputy Joan Burton asked the Minister for Finance the number of times the Revenue Commissioners provided spontaneous exchanges of information under Article 9 of Council Directive 2011/16/EU to the tax authorities of other member states in 2017 and in the first five months of 2018; the number of persons concerned by country; and if he will make a statement on the matter. [25630/18]
Amharc ar fhreagraI propose to take Questions Nos. 241 to 245, inclusive, together.
The Deputy will be aware that Revenue is independent in the operation of its function and this independence has been statutorily confirmed in Section 101 of the Ministers and Secretaries (Amendment) Act, 2011. Accordingly, neither I, nor any Minister for Finance, can or should direct or request any intervention on any specified individual or company as set out by the Deputy in her questions.
I am informed by Revenue that, under Irish legislation, Revenue may spontaneously exchange information in their possession with other Member States if they consider that this information may be useful to those other Member States. However they are not empowered to initiate enquiries (including audits) into, or address enquiries to, a person in order to acquire information on that person’s liability to tax, or any other person’s liability to tax, in any other Member State unless they are requested to do so by another Member State.
I have also been informed by Revenue that exchange of information carried out under the provisions of Council Directive 2011/16/EU on Administrative Cooperation in the Field of Taxation (“the Directive”) is governed by strict confidentiality provisions and the details of any specific requests or exchanges that have taken place in relation to individual companies or between Ireland and specific Member States cannot be disclosed.
Revenue has provided the following broad information in relation to exchange of information under the Directive.
Ireland spontaneously sent information to other Member States under the Directive
2017 - 4 exchanges
2018 - none (to 31 May)
Requests for information received by Ireland from other Member States under the Directive
2017 - 159 requests received
2018 - 50 requests received (to 31 May)
Automatic exchanges of specific data under the Directive
The following categories of information were sent to other Member States under the Directive.
|
Category |
Number of records exchanged relating to 2014 |
Number of records exchanged relating to 2015 |
|
Directors Fees |
1,763 |
1,764 |
|
Income from Employment |
1,564 |
2,045 |
|
Immovable Properties |
21,892 |
21,932 |
|
Pensions |
162 |
361 |
|
Total |
25,381 |
26,102 |
The information exchanged is obtained from tax returns which are filed a period of time after the year-end. Records relating to 2014 were exchanged during 2016 and records relating to 2015 were exchanged during 2017. The records relating to 2016 are scheduled to be exchanged the week of 18 June 2018.
246. Deputy Joan Burton asked the Minister for Finance the number of notifications received by the Revenue Commissioners from other tax authorities of recipients of pensions from other EU member states resident here in 2017 and to date in 2018 under headings (details supplied) by country, in tabular form; and if he will make a statement on the matter. [25631/18]
Amharc ar fhreagra247. Deputy Joan Burton asked the Minister for Finance the number of taxpayers that declared foreign social security pensions, foreign occupational pensions or other foreign pensions in their tax returns in each of the years 2013 to 2016, in tabular form; and if he will make a statement on the matter. [25632/18]
Amharc ar fhreagraI propose to take Questions Nos. 246 and 247 together.
Regarding Question 25631/18, Revenue has advised me that the requested data is not available as the relevant tax returns for 2017 and 2018 are not yet due.
Regarding Question 25632/18, the table below sets out the number of taxpayers that have declared ‘Foreign State Pension’ or ‘Foreign Other Pension’ in their tax returns for the years 2013 to 2015, the latest years for which data are available. In situations where taxpayers have opted for joint assessment, for example married couples or those in a civil partnership, the information is included only once in the table.
Revenue has also advised me that due to the manner in which returns are filed, it is not possible to separately identify foreign occupational pensions from all other foreign non-social security pensions.
|
Year |
‘Foreign State Pension’ |
‘Foreign Other Pension’ |
|
2015 |
19,370 |
9,660 |
|
2014 |
18,755 |
9,549 |
|
2013 |
17,105 |
9,164 |
248. Deputy Joan Burton asked the Minister for Finance the number of additional customs officers that will be required to deal with the issues arising from the UK's imminent departure from the EU; the number that have been recruited to date; and if he will make a statement on the matter. [25633/18]
Amharc ar fhreagraI am advised by Revenue that they are actively engaged in examining the range of scenarios that may apply post-Brexit. The nature of the future trading relationship, which is subject to negotiation between the EU and the UK, will determine the nature of the controls to be applied and the number of additional customs officers that will be needed. For this reason Revenue’s focus to date has centred on upgrading their IT systems in order to have the most advanced systems possible and to maximise the simplifications provided for within the Union Customs Code.
This preparatory work is being undertaken by approximately 25 full time equivalents of staff, of whom 12 are dedicated to Brexit work full time, supported by additional staff throughout the organisation as required.
249. Deputy Joan Burton asked the Minister for Finance if the Revenue Commissioners considered the need to arm customs officers that will be stationed on the land border with the United Kingdom when the UK leaves the EU; his views on the implied threat from certain politicians in the UK and Northern Ireland to customs posts and by implication to Irish customs officers; and his further views on whether the arming of customs officers for their own safety may be necessary; and if he will make a statement on the matter. [25634/18]
Amharc ar fhreagraThe European Union and the United Kingdom share the objective of avoiding a hard border on the island of Ireland.
Concrete commitments with a view to achieving this objective were agreed and set out in the Joint Report on Progress in December 2017 and have since been transposed into legal terms in the draft Protocol on Ireland and Northern Ireland, which is an integral part of the Withdrawal Agreement.
Ireland’s strong preference remains an overall EU-UK future relationship which would resolve all issues. However it remains vital that a legally-binding backstop is agreed to provide certainty that, in any circumstances, a hard border will be avoided.
The EU has been clear that the backstop is an essential element of the EU-UK withdrawal agreement and that negotiations can only progress as long as all commitments undertaken so far are respected in full.
Ireland and the Commission have both stressed that substantial progress on the backstop is needed before the June European Council. Based on the negotiations between the UK and the Commission Taskforce in the coming days and weeks, Michel Barnier will make an assessment of progress, for consideration by the Taoiseach and his counterparts at the European Council three weeks from now.
In this regard, the recent presentation by the UK of written proposals aimed at making progress in the Brexit negotiations is welcomed. The Commission will make a first assessment of the technical and legal feasibility of the proposals, and whether they provide a basis for negotiation. We look forward to its assessment and to discussing whether the proposals could be helpful in meeting the UK’s repeated commitment to avoiding a hard border, and thereby making progress on the backstop on Ireland and Northern Ireland.
In terms of security and safety, An Garda Síochána is responsible for the security of the State and any issues relating to the safety and security of Customs Officers or Customs facilities are addressed to that organisation.
