Written Answers Nos. 82-100
82. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he continues to pursue and advance the cause of the Western Balkans in the context of EU enlargement, having particular regard to the sensitivities of the region and its geopolitical importance; and if he will make a statement on the matter. [28040/18]
Amharc ar fhreagraIreland is a strong supporter of EU enlargement. We believe it is a transformative driver for stability and peace, and that it will enhance stability and economic growth in the Western Balkans while also shoring up security on the borders of Europe. It is our strong view that providing the countries of the Western Balkans with a credible membership perspective is essential. Both the Taoiseach and Minister McEntee made this point when attending the EU-Western Balkans Summit on 17 May, during which they were able to productively engage with our EU and Western Balkan counterparts. I had the honour to host my Albanian counterpart in Dublin on the eve of the summit.
The General Affairs Council is meeting today in Luxembourg and is looking at the opening of accession negotiations with both Albania and the Former Yugoslav Republic of Macedonia (FYROM). Ireland is a strong supporter of opening negotiations, as we feel that while considerable efforts need to be made in certain areas, both countries had made sufficient progress to warrant opening and that such a step was important in order to provide momentum to the enlargement process. We also believe that FYROM deserves praise for the considerable political courage it has shown in reaching the historic agreement with Greece in regard to the name issue.
Concerning Serbia and Montenegro, Ireland shares the view of the EU that the 2025 date given in the Commission’s Western Balkans Strategy represents an indicative – and ambitious – perspective to conclude the accession process for Serbia and Montenegro, rather than a deadline or target. We believe that setting an indicative date provides Montenegro and Serbia with a concrete EU perspective that should reinforce the reform process in those countries. We have also been very clear that all benchmarks and criteria must be met before accession can be agreed.
In regard to Bosnia and Herzegovina, Ireland is a strong supporter of Bosnia’s European perspective but we recognise that significant work will have to be done across multiple areas before it can advance on its European path. Progress has been made and we hope that this progress gathers momentum and is supplemented by practical efforts to ensure real reform.
On Kosovo, Ireland was one of the first countries to recognise Kosovo’s independence, and we were represented at the celebrations of Kosovo’s 10th anniversary of independence in February this year. As a supporter of enlargement, we fully support Kosovo’s joining the EU, provided that it meets all the relevant requirements, which include a normalisation of relations with Serbia. It is Ireland’s hope that a normalisation of relations with Serbia, resulting in a bilateral agreement that is mutually acceptable to both sides, will lead to Kosovo’s eventually joining the EU with the unanimous consent of all Member States. Of course, all of the other requirements for accession would also need to be met in full.
83. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Foreign Affairs and Trade the criteria for applying for a first-time passport for a child (details supplied); and if he will make a statement on the matter. [27412/18]
Amharc ar fhreagraAll passport applications are subject to the provisions of the Passports act, 2008 (“the Act”). This act provides, among other things, that a person must be an Irish citizen before a passport can be issued to him/her. In order to meet this legal requirement, each person must demonstrate an entitlement to Irish citizenship in his/her application.
Entitlement to Irish citizenship is governed by Irish law and in particular the Irish Nationality and Citizenship Act 1956, as amended, under which and in general, Irish citizenship may be obtained by birth in the island of Ireland to parents meeting specified requirements, by descent, or by naturalisation.
A child born in Ireland prior to 1 January 2005 is automatically an Irish citizen and only the birth certificate of the child is required to prove entitlement to Irish citizen. If the child was born on or after 1 January 2005 entitlement to Irish citizenship is dependent on the citizenship of the parent through whom the child is claiming Irish citizenship. If the parent is an Irish citizen, the passport application should include evidence of the citizenship of the parent, which is the original birth certificate or the Irish passport of that parent.
84. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to raise with the United States Government the fact that Ireland has been without an ambassador from the United States of America since January 2017; and if he will make a statement on the matter. [27600/18]
Amharc ar fhreagraThe appointment of US Ambassadors to particular countries is a matter solely for the U.S. authorities and it would not be appropriate for me to comment on the appointment of a US ambassador to Ireland.
I do understand, however, that the appointment of a new ambassador has been under consideration within the US system for some time now and I look forward to welcoming a new US Ambassador to Ireland in due course.
Pending the nomination of a new US Ambassador, and confirmation of the nominee by the U.S. Senate, we will continue to engage closely with the U.S. Embassy in Dublin, under the leadership of Chargé d’Affaires Reece Smyth, on the whole range of issues pertaining to the Ireland-US relationship.
We have a very strong and positive working relationship with Chargé d’Affaires Smyth and his team and I know that will continue to be the case until, and indeed after, a new ambassador is appointed.
85. Deputy Alan Farrell asked the Tánaiste and Minister for Foreign Affairs and Trade the waiting times for passport applications; the action he is taking to reduce waiting times; and if he will make a statement on the matter. [27651/18]
Amharc ar fhreagraThe turnaround timeframe for a passport application will depend, in the first instance, on the channel through which the application was submitted. The Passport Service provides a range of channels to Irish citizens wishing to apply for a passport. These include a postal application system, online passport application service, in person counter application facilities in Dublin and Cork and the network of Irish Missions worldwide.
The table shows target and actual turnaround times for all of the Passport Services application channels.
|
Type of Passport Application |
Target Turnaround Times |
Actual turnaround Times |
|
Online Passport Application |
10 working days |
10 working days with 50% processed in 5 working days |
|
An Post Passport Express Renewal Applications |
15 working days |
15 working days |
|
An Post Passport Express First Time Application, and Lost/Stolen/Damaged Replacements |
20 working days |
30 working days |
|
Northern Ireland and Great Britain Passport Express Renewal Applications |
15 working days |
15 working days |
|
Northern Ireland and Great Britain Passport Express First Time Applicants and Lost/Stolen/Damaged Replacements |
20 working days |
34 working days |
|
Missions |
30 working days |
23 working days |
|
Great Britain Renewals |
20 working days |
19 working days |
|
Great Britain First time applicants/renewals with lost/stolen passports |
30 working days |
51 working days |
Turnaround targets are determined on the basis of available resources and projected demand. Turnaround times are among a number of Key Performance Indicators (KPIs) by which the Passport Service measures its success in delivering a modern and responsive public service.
The Passport Service is doing everything possible to ensure that passports are processed as quickly as possible. In addition to the intake of TCOs and use of targeted overtime, experienced staff from across the Department have been re-deployed to processing applications and respond to customer queries.
86. Deputy Paul Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade if he has made representations with the Italian Government following its announcement to instigate a register for Roma persons in Italy; his view on whether this is a breach of human rights of Roma persons; and if he will make a statement on the matter. [27715/18]
Amharc ar fhreagraLast week the Italian Prime Minister’s Office issued a statement setting out the position of the Italian Government following remarks made by the Italian Interior Minister that he would create a register of Roma people living in Italy.
The Prime Minister’s Office statement said that the Italian Government’s position was that it would not be compiling such a register. It noted that compiling a record on an ethnic basis would be unconstitutional. It went on to claim that the Government’s goal was to address all “illegal and degrading situations” so as to protect the safety of all citizens.
Ireland is resolutely committed to the principle of non-discrimination as set out in the Convention on the Elimination of all Forms of Racial Discrimination, signed by Ireland in 1968. I therefore welcome the clarification provided in this case.
87. Deputy Niall Collins asked the Tánaiste and Minister for Foreign Affairs and Trade the reasoning for the decision of the Irish mission in the United Nations to offer save the date to all of the UN ambassadors for a concert (details supplied) in New York in July 2018; and if he will make a statement on the matter. [27777/18]
Amharc ar fhreagra88. Deputy Niall Collins asked the Tánaiste and Minister for Foreign Affairs and Trade if there is a promotional video being prepared by his Department outlining the pathway to securing a seat on the UN Security Council; and if he will make a statement on the matter. [27778/18]
Amharc ar fhreagraI propose to take Questions Nos. 87 and 88 together.
The official launch of Ireland’s campaign for a non-permanent seat on the UN Security Council will take place at UN Headquarters in New York on 2 July. The Taoiseach and Tánaiste will attend the evening reception. Such formal launches are commonly part of Security Council election campaigns and something which is expected of candidates. The event on 2 July is being organised by Ireland’s Permanent Mission to the UN in New York, with support from the Department of Foreign Affairs headquarters.
In order to maximise the impact of the launch event, the Government has accepted an offer by U2 to provide a gift of a number of tickets to the band’s concert in New York on Sunday, 1 July, for use by representatives of the UN Member States. The concert will allow Ambassadors of the UN Member States to experience one of Ireland’s most well-known cultural exports immediately prior to the campaign launch, building awareness of our candidature. It is not uncommon for countries seeking election to the Security Council to include cultural events as part of their campaign.
In addition to the direct lobbying of Member State representatives by members of the Government, Irish diplomats and others, an important dimension of a Security Council election campaign is how a candidature is communicated. Campaign messaging will focus on Ireland’s contribution to the UN since we joined in 1955. It will aim to contextualise Ireland’s UN engagement as part of how Ireland sees itself in the world – a global island which wants to share our culture and values.
The Department of Foreign Affairs and Trade team working on our candidature are addressing communication aspects relating to the campaign, including the creation of a campaign identity and promotional materials. A short video is currently in production and it is intended to introduce this at the 2 July launch. This will then be used online and across social media to build awareness of Ireland’s candidature. The video will seek to present Ireland as a confident and compassionate member of the UN which seeks to meet our responsibilities internationally. It will outline why the UN is central to Irish foreign policy in the context of our history and values as a nation and, in doing so, will highlight the main areas of Irish contributions to the UN’s work.
89. Deputy Niall Collins asked the Tánaiste and Minister for Foreign Affairs and Trade if the former head of the strategic communications unit is now deployed to his Department; if so, the role he will play; the person he will report to; and if he will make a statement on the matter. [27779/18]
Amharc ar fhreagraThere are a number of staffing appointments and assignments to be made in my Department, including in the context of fulfilling the ambition of the Global Ireland initiative. Exact roles are not yet defined but I anticipate that the individual to whom the Deputy refers will join the senior team in my Department in the near future.
90. D'fhiafraigh Deputy Aindrias Moynihan den an Tánaiste agus Aire Gnóthaí Eachtracha agus Trádála an bhfuil oifigeach Gaeilge ceaptha dá Roinn; an post lánaimseartha atá ann nó an bhfuil dualgais bhreise ar an oifigeach Gaeilge; cén grád atá ag an oifigeach Gaeilge; an bhfuil sé nó sí ábalta a ghnó nó a gnó a dhéanamh trí Ghaeilge; agus an ndéanfaidh sé ráiteas ina thaobh. [27808/18]
Amharc ar fhreagraD’earcaigh mo Roinn oifigeach Gaeilge ar leith in mí Aibreáin 2016, ag an grád d’Oifigeach Feidhmiúcháin. Tá Gaeilge líofa ag an oifigeach seo, agus roinntear a chuid ama go cothrom idir dualgais Gaeilge agus dualgais eile.
91. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to a matter (details supplied) in relation to the security forces in Honduras and other issues in that country; and if he will raise the need for prosecutions against those involved in state violence and the release of the remaining political prisoners with his Honduran counterpart. [27909/18]
Amharc ar fhreagraI want to thank the Deputy for raising these cases. It seems clear from reports we have received that significant challenges persist regarding Honduran citizens’ enjoyment of basic human rights. The situation continues to be a cause of deep concern.I condemn unreservedly violence perpetrated against those seeking to defend their rights or peacefully demonstrate in Honduras, as well as a culture of impunity where that exists. I would also call for those responsible for such violence to be brought to justice. The loss of life and violence and the denial of basic human rights which has occurred since elections took place in Honduras in November 2017 is very worrying. Freedom of expression and peaceful assembly are the cornerstones of any functioning democracy and those rights must be guaranteed.
I fully support, as I have done previously, the statement made earlier this year by the United Nations Office of the High Commissioner for Human Rights calling for the Honduran authorities to “undertake an assessment of the rules of engagement, including the use of force, and for the security forces to use only necessary and proportionate force, in line with international law, in policing demonstrations”. The Deputy will be aware that Ireland contributed one long-term observer and one short-term observer to the EU Election Observer Mission to Honduras last year, facilitated by the Department of Foreign Affairs and Trade.
I urge the Government of Honduras to take on board and adopt the recommendations made by the EU Mission in their final report, in order to help to restore much-needed public confidence in future electoral processes in the country.
It is my belief that all sides in Honduras must work within the political system to deliver the political reforms necessary to secure the trust of the Honduran people in the country’s institutions. In that regard I would encourage all relevant actors in Honduras to engage in the UN-facilitated political dialogue which launched in March.
While Ireland does not have diplomatic representation in Honduras, officials of the Department of Foreign Affairs and Trade meet regularly with human rights defenders and civil society organisations active in Honduras. Officials also engage with the European External Action Service through its EU delegation in Tegucigalpa.
We will continue to work actively with the EU and our international partners to promote and protect human rights and civil society in Honduras and I can assure the Deputy that we will continue to follow the situation there closely.
92. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Foreign Affairs and Trade if extra resources will be allocated to the Passport Office to clear the backlog in applications and answer applicants' queries promptly in view of the fact that it is the holiday season; and if he will make a statement on the matter. [27911/18]
Amharc ar fhreagraThe Passport Service is currently in peak season with the vast majority of applications being received between February and August each year. Over 500,000 applications have been received so far this year. Applications received in the first 5 months of this year have increased by over 8% compared with the same time period last year. The Passport Service offers a variety of channels through which citizens can apply for a passport and the choice of channel determines the turnaround period of applications. The quickest and easiest way for an adult to renew a passport is to apply online. Over 50% of the 100,000 applicants who have used this channel this year, have got their passport back within a week and all have the passport issued within the advertised 2 week timeframe. The largest proportion of applications, almost 50%, are still made via the Passport Express channel. Adult and children renewals are given a target turnaround time of 15 working days and this timeframe is being met. First time applicants, and those with lost or stolen passport are taking longer. These applications require additional security measures including robust identity verification and entitlement checking, and as a result, take longer to process. In cases where other family member have submitted renewal applications alongside the first time application, all applications are linked in the system and can only be dealt with once the necessary checks have been completed on the first time application.
The Passport Service monitors the volume of applications on an ongoing basis to ensure that resources are available to meet demand. In order to respond to anticipated application increases and to seasonal demands, the Passport Service received sanction for 220 Temporary Clerical Officers (TCOs) this year to be appointed to the Passport Offices in Dublin and Cork. These TCOs are working together with permanent staff to process passport applications and to deal with the high number of enquiries being made through the Passport Service’s various customer service channels.
The number of Full Time Equivalent (FTE) staff permanently employed by my Department and assigned to the Passport Service stood at 322 at the beginning of the year. This compares to 301 FTE staff assigned to the Passport Service at the same point last year. This year, since these figures were released, over 30 additional permanent staff have started with the Passport Service.
The Passport Service is doing everything possible to ensure that passports are processed as quickly as possible. In addition to the intake of TCOs and use of targeted overtime, experienced staff from across the Department have been re-deployed to processing applications and respond to customer queries.
The high number of queries being received from applicants is in line with the increasing volume of applications being received. The Passport Service makes every effort to respond to as many queries as possible. In the week of June 11 the Passport Services dealt with over 9,500 of these queries. In recent weeks the Passport Service has allocated additional resources to the existing Communications Unit to respond to customer queries on phones, email and webchat. Measures taken include the temporary redeployment of existing Department staff and the assignment of temporary clerical officers to the communications unit.
Many queries received by the communications unit can be answered with information readily available on the Passport Service’s website www.DFA.ie/passport . Detailed and regularly updated information on passport services; current average turnaround times and comprehensive guides to the various application processes can be consulted here. I would like to take this opportunity to highlight that applicants can track the status of existing applications at any time through the Passport Service’s online tracker which can also be found on the Passport Service’s website. The Passport Service also has a Customer Care desk in the public offices (Mount Street, Dublin and Cork) where applicants can visit without an appointment to obtain an update on their application.
The continuous implementation of service improvements has been central to my Department’s response to increasing application volumes. The Passport Reform Programme is delivering major upgrades to the passport service technology platforms and business processes as well as significant customer service improvements. The online passport application service will continue to make a major contribution to the effective management of high application volumes by allowing existing staff and resources to be more effectively deployed within the Passport Service.
93. Deputy Mattie McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade if personnel in his Department have been removed from their position, transferred to another role or had their employment terminated in the past four years due to breaches of departmental standards, professional misconduct or incompetence; and if he will make a statement on the matter. [27952/18]
Amharc ar fhreagraThe Civil Service Code of Standards and Behaviour was published in September 2008 in accordance with the Standards in Public Office Act 2001. The Code sets out the standards required of civil servants in the performance of their duties. The Code forms part of the terms of employment of all civil servants, who are expected to apply it at all times. The Code requires civil servants to maintain high standards in service delivery, observe appropriate behaviour at work, and maintain the highest standards of probity.The Department of Foreign Affairs and Trade examines all formal complaints made to its HR Unit no matter what category they fall under. A range of measures are available to the Department to respond to these complaints, including informal resolution. The Department chooses the most appropriate course of action based on policy guidance and legal advice when required. In circumstances where a concern arises about the conduct or performance of an individual and where these concerns are found to be upheld appropriate disciplinary action is taken in accordance with the Civil Service Disciplinary Code.
The Department has not terminated the contract of any civil servant in the past four years due to breaches of departmental standards, professional misconduct or incompetence.
94. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade the EU colleagues he has spoken to prior to the June 2018 EU Council meeting; and if they support Ireland in relation to the December 2017 agreement. [27688/18]
Amharc ar fhreagraMaintaining frequent contact with EU partners has been a priority for Ireland throughout the Article 50 negotiations process. I discuss Brexit collectively with my EU27 counterparts on a monthly basis at the General Affairs Council (Article 50). This month’s meeting is taking place today.
Since the last meeting of the European Council in March, I have met with my counterparts from Sweden, Croatia, Cyprus, Portugal, the Netherlands, Germany and France. I have also met with a number of UK government ministers. In Luxembourg this week, I am meeting the new Italian and Spanish Ministers for Foreign Affairs.
In addition to my own contacts, the Minister of State for European Affairs, Helen McEntee TD, has in that period met with her Greek, Estonian, Swedish, Norwegian and Portuguese counterparts. The Taoiseach has met with the Prime Ministers of Belgium and Spain, and also met with other EU leaders at the Western Balkans Summit in May. The Taoiseach and I met with both the President of the European Commission, Jean-Claude Juncker and the EU’s Chief Negotiator for the Article 50 negotiations, Michel Barnier, when they visited Ireland last week. I am meeting Mr Barnier again today.
Officials from my Department, and in particular from the Permanent Representation of Ireland to the EU in Brussels, continue to have very regular, almost daily, engagement with Mr Barnier and his team.
95. Deputy Margaret Murphy O'Mahony asked the Minister for Finance if provisions can be put in place to cap the premiums on insurance for community-based groups (details supplied); and if he will make a statement on the matter. [27406/18]
Amharc ar fhreagraAs 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 policyholders, including community and voluntary organisations like men's sheds.
However, what was recognised with the establishment of the Cost of Insurance Working Group was that the environment within which insurers conduct their business can be better shaped, in order to make the Irish insurance market a more competitive one and also make it more attractive for new entrants. In this regard, the initial focus of the Working Group was the issue of rising motor insurance premiums and as a result the Report on the Cost of Motor Insurance was published in January 2017. The second phase of the Cost of Insurance Working Group under the Chairmanship of the Minister of State for Financial Services and Insurance, Michael D’Arcy TD, published its report in relation to employer liability and public liability insurance in January 2018. This Report acknowledges that many of the difficulties being faced by business are also impacting community groups like men's sheds.
The Working Group’s second Report makes 15 recommendations with 29 associated actions to be carried out. The recommendations and actions are detailed in an action plan contained in the report with agreed timelines for implementation. All 29 actions are scheduled to be implemented before the end of 2019, with 26 due for completion this year. The recommendations, covering three main themes, include actions to:
- Increase Transparency: enhance levels of transparency and improve data sharing and collection processes
- Review the level of damages in personal injury cases: request that the Law Reform Commission undertake a detailed analysis of the possibility of developing constitutionally sound legislation to delimit or cap the amounts of damages which a court may award in respect of some or all categories of personal injuries and
- Improve the personal injuries litigation framework: through a number of measures, namely:
- ensuring potential defendants are notified in sufficient time that an incident has occurred in relation to which a claim is going to be made against their policy;
- tackling fraudulent or exaggerated claims; and
- ensuring suitable training and information supports are available to the judiciary to assist in the fair and consistent assessment and awarding of damages in personal injury cases.
The fifth Quarterly Progress Update on implementation was published on 11 May and is available on the website of the Department of Finance. In respect of the actions from the Report due for completion in Q1 2018, all eight deadlines have been met. I would like to assure the Deputy that the Government remains committed to ensuring that all of the recommendations of the Cost of Insurance Working Group are implemented fully to drive the reforms listed above. It is envisaged that the cumulative effect of the implementation of these recommendations, with the appropriate levels of commitment and cooperation from all relevant stakeholders, should achieve the objective of delivering fairer premiums for consumers and businesses, and also beneficially impact men's sheds, and other community, voluntary and charitable organisations across the country.
96. Deputy Niall Collins asked the Minister for Finance the amount of fees invoiced and the amount paid to a person and-or a company (details supplied) since the commencement of the liquidation of IBRC; and if he will make a statement on the matter. [27986/18]
Amharc ar fhreagraUnder the Companies Act all costs, charges and expenses properly incurred in the winding up of a company, including the remuneration of the liquidator are payable out of the assets of the company. For the 59 months since the start of the liquidation in February 2013 to 31st December 2017, the net fees earned by the KPMG special liquidation team were €144.9m (gross fees of €149.9m minus a €5m rebate negotiated by the Department of Finance).
Full details in relation to the work conducted and fees paid are contained in the the fifth progress update report on the Special Liquidation of IBRC which was published on 31st May 2018 and is available on the Department of Finance website: https://www.finance.gov.ie/updates/ibrc-progress-update-report-year-ended-31-december-2017/
Contained in the report you will find details on costs and fees of the liquidation to date, information on the various workstreams which are ongoing and also an outline of the tasks which are remaining.
97. Deputy Michael McGrath asked the Minister for Finance when the Tax Strategy Group papers will be released; and if he will make a statement on the matter. [27380/18]
Amharc ar fhreagraAs the Deputy is aware, the Tax Strategy Group (TSG) is in place since the early 1990’s and chaired by the Department of Finance with membership comprising senior officials and political advisers from a number of Civil Service Departments and Offices.
Papers on various options for tax policy changes are prepared annually by officials. The TSG is not a decision making body and the papers produced are simply a list of options and issues to be considered in the Budgetary process.
In line with the Government’s commitment to Budgetary reform including greater engagement with the Oireachtas, the Tax Strategy Group papers are now published in advance of the Budget to facilitate informed discussion.
It is my intention that, as last year, publication of the Papers on my Department’s website will take place shortly after the annual meeting of the Tax Strategy Group and I would expect this to happen before the end of July.
98. Deputy Michael Fitzmaurice asked the Minister for Finance his plans to change the age at which a person is deemed to qualify under the Revenue Commissioners terms as a young farmer; if the upper age of a young farmer for same will be brought in line with the upper age for grants, that is, 40 years of age; if so, when the change will come into effect; and if he will make a statement on the matter. [27387/18]
Amharc ar fhreagraAs the Deputy has stated in his question, there are certain tax reliefs that are available to young farmers. Under Section 667B of the Taxes Consolidation Act 1997, young farmers who achieve specified educational qualifications are entitled to increased stock relief at a rate of 100%. S. 667B requires that the farmer be under 35 years of age in the year in which they commence their trade of farming.
In addition, a relief from stamp duty is available under Section 81AA of the Stamp Duties Consolidation Act 1999 in respect of certain transfers of land to young farmers. The farmer must similarly be under 35 years of age on the date of the transfer.
The objective of these reliefs is to encourage the transfer of farm assets to younger and more progressive farmers. The conditions for the paying of grants to farmers is, primarily, a matter for the Minister for Agriculture, Food and the Marine. I currently have no plans to propose an increase in the upper age limit in the tax code in the manner proposed by the deputy.
99. Deputy Charlie McConalogue asked the Minister for Finance his plans to request insurance companies to insure those homes which were affected by flooding in Inishowen in 2017 (details supplied) without applying exclusions; and if he will make a statement on the matter. [27398/18]
Amharc ar fhreagraI am conscious of the difficulties that the absence or withdrawal of flood insurance cover can cause to homeowners and businesses, and that is one of the reasons the Government has been prioritising investment in flood defences over the last number of years.
However, you should be aware that the provision of insurance is a commercial matter for insurance companies, which has to be based on a proper assessment of the risks they are willing to accept. This assessment will in many cases include insurers own presumptions based on their private modeling and research. Consequently, neither the Government nor the Central Bank can interfere in the provision or pricing of insurance products or have the power to direct insurance companies to provide flood cover to specific individuals or businesses. This position is reinforced by the EU framework for insurance which expressly prohibits Member States from doing so.
Government policy in relation to flooding is focused on the development of a sustainable, planned and risk-based approach to dealing with flooding problems. This in turn should lead to the increased availability of flood insurance. To achieve this aim, there is a focus on:
- prioritising spending on flood relief measures by the Office of Public Works (OPW) and relevant local authorities,
- development and implementation of plans by the OPW to implement flood relief schemes, and
- improving channels of communication between the OPW and the insurance industry, in order to reach a better understanding about the provision of flood cover in marginal areas.
The above approach is complemented by a Memorandum of Understanding between the OPW and Insurance Ireland, which provides for the exchange of data in relation to completed flood defence schemes which should provide a basis for the increased provision of flood insurance in areas where works have been completed. In this regard, the Insurance Ireland/OPW working group, which the Department of Finance attends, now meets on a quarterly basis to support the information flow and improve the understanding of issues between both parties.
Finally, you should be aware that a consumer can make a complaint to the Financial Services Ombudsman in relation to any dealings with a Financial Services or Insurance provider during which they feel they have been unfairly treated. In addition, individuals who are experiencing difficulty in obtaining flood insurance or believe that they are being treated unfairly may contact Insurance Ireland which operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to insurance.
100. Deputy Tom Neville asked the Minister for Finance the status of shares in a co-operative (details supplied); and if he will make a statement on the matter. [27404/18]
Amharc ar fhreagraI am advised by Revenue that it raised tax assessments for the years 2011, 2012 and 2013 against individuals who hold patronage shares that were issued by the entity in question.
However all collection has been deferred while a ‘test case’ in regard to the taxability of such shares is being considered by the Tax Appeals Commission. The Tax Appeals Commission, which is an independent body, heard the particular case on 22 November 2017 but has not yet delivered its decision.
Revenue has confirmed that it will take no further action on the assessed cases until the decision of the Tax Appeals Commission becomes available for consideration.
