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Gnáthamharc

Tuesday, 16 Jun 2020

Written Answers Nos. 26-50

Passport Applications

Ceisteanna (26)

Bernard Durkan

Ceist:

26. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade if a passport will be issued in the case of a person (details supplied); and if he will make a statement on the matter. [10798/20]

Amharc ar fhreagra

Freagraí scríofa

The passport for the applicant in question was dispatched from the Passport Service on the 10 June. An officer from the Passport Service contacted the applicant on the 11 June and the applicant confirmed they had received their new passport.  

International Relations

Ceisteanna (27)

Seán Haughey

Ceist:

27. Deputy Seán Haughey asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the situation in Hong Kong and plans by China to implement new security laws for Hong Kong; and if he will make a statement on the matter. [10897/20]

Amharc ar fhreagra

Freagraí scríofa

The Government is closely monitoring the situation in Hong Kong in light of the recent announcement by the Chinese National People's Congress to implement a national security law in Hong Kong. 

Ireland, along with our EU partners, is a strong supporter of the "One Country, Two Systems" principle, through which the Basic Law grants Hong Kong a high degree of autonomy, along with an independent political and legal system. We have a strong interest in the continued stability and prosperity of Hong Kong under this principle, underlined by Ireland's long history of engagement and the presence of a large Irish and EU community there. 

I discussed this matter with my EU counterparts at an informal EU Foreign Ministers meeting on 29 May, after which a statement was released on behalf of the EU by High Representative Borrell, which Ireland fully supports. This statement expresses our grave concern at the decision and its conformity with the Sino-British Joint Declaration of 1984 and the Hong Kong Basic Law. An earlier statement made on 22 May, which Ireland also fully supports, called for democratic debate, consultation of key stakeholders, and respect for protected rights and freedoms in Hong Kong in relation to the proposed national security legislation. 

I will continue to follow developments in Hong Kong closely as the situation evolves, through our Consulate General in Hong Kong, Embassy in Beijing, and EU partners. 

Question No. 28 answered with Question No. 25.

International Relations

Ceisteanna (29)

Danny Healy-Rae

Ceist:

29. Deputy Danny Healy-Rae asked the Tánaiste and Minister for Foreign Affairs and Trade the steps which can be taken regarding the case of a person (details supplied); and if he will make a statement on the matter. [10915/20]

Amharc ar fhreagra

Freagraí scríofa

I can advise that consular officials in my Department are in contact with the family regarding their urgent need to travel to the US.

The Deputy will understand that my Department cannot intervene in the immigration decisions of another jurisdiction. However, officials have advised the family as to how they might resolve their situation in cooperation with the relevant US authorities. While we understand the family has already arranged valid US ESTAs, they are also required to submit an application to US Border officials at Dublin Airport for an exemption from current travel restrictions on medical grounds. Such an application, if granted, will enable the family to travel directly to the US from Ireland. We understand that the family are due to submit this application.

Provided that an exemption to travel is granted, officials at our Consulate General in New York stand ready to provide all possible consular assistance.  As the Deputy will appreciate, questions on specific medical issues would be more appropriate for the Department of Health.

Visa Applications

Ceisteanna (30)

Kathleen Funchion

Ceist:

30. Deputy Kathleen Funchion asked the Tánaiste and Minister for Foreign Affairs and Trade if he will address a matter regarding the case of a person (details supplied). [11031/20]

Amharc ar fhreagra

Freagraí scríofa

The processing of visa applications, once received, is a matter for the Department of Justice and Equality. The COVID–19 pandemic has had a significant impact on the way the Immigration Service Delivery (ISD) of the Department of Justice and Equality conducts its business at this time. Since 20 March, the Department of Justice and Equality has temporarily ceased accepting new visa applications, although they do continue to accept and to process certain priority or emergency cases.

Unfortunately, the ability of the Immigration Service Delivery function in the Department of Justice and Equality (DJE) to process visa applications, such as the one being referred to here, has been severely curtailed as a result of travel and social distancing restrictions both here and in the country where the applicant is located. I can confirm that the Visa Office at the Irish Embassy in question is aware of the case the Deputy has raised, and has been in contact with those concerned.

However, I can confirm that Department of Justice and Equality have advised that they intend to resume accepting visa applications again on a limited basis from Monday 22 June, notwithstanding local restrictions which may continue to be in place. I would advise that the applicant follow up with the Visa Office at Irish Embassy in the country concerned on that date and they will be able to provide an update on whether they are in a position to resume accepting applications. The applicant in this particular case may also wish to keep an eye on the website – www.inis.gov.ie, to get the latest information.

Brexit Issues

Ceisteanna (31)

Johnny Mythen

Ceist:

31. Deputy Johnny Mythen asked the Tánaiste and Minister for Foreign Affairs and Trade his plans for Rosslare Europort post Brexit; if the plans will be published; if recruitment has taken place for inspection officers; if so, the number appointed; the new infrastructure being put in place; and when he envisages the completion date of same. [11059/20]

Amharc ar fhreagra

Freagraí scríofa

Regardless of the outcome of the EU-UK negotiations, the end of the transition period will see the UK no longer apply the rule of the EU’s Single Market and Customs Union. This will have immediate implications for trade flows.

Since 2018, the Government has been investing in the infrastructure and systems required for additional customs, official controls and SPS checks on EU-UK trade at Rosslare Europort, as well as at Dublin Port and Dublin Airport. This is one of the most visible aspects of the Government’s preparations for Brexit to date.

In Rosslare, work has been completed on a Border Control Post (BCP), an export office, 38 HGV parking spaces, two seal check and transit lanes, four inspection bays, a Revenue turnout shed and offices.  Work is continuing in order to enhance the live animal BCP inspection facilities already in place.

The Revenue Commissioners, the Department of Agriculture Food and the Marine, and the HSE’s Environmental Health Service have all recruited additional staff including to meet the requirement to carry out checks and controls at our ports and airports after the transition period ends. These staff have been trained or are currently undergoing training and familiarisation and are assigned to a range of duties. Some staff were re-deployed when a no deal Brexit did not arise in 2019.

The finalisation of resource planning including the additional staff compliments for Rosslare Europort and other locations is being considered by the three agencies as part of Government’s ongoing preparedness work.  Assignments to Brexit related checks and control work are expected to consist of a mix of redeployments, contract and newly recruited officials.

Rosslare Europort continues to seek potential opportunities to further develop the port and has received the approval of the Iarnród Éireann Board (of which the port is a division) for a strategic plan to grow the port’s business. This includes investment plans for up to €25 million in customer facilities and port infrastructure, assets and new technology. The port is engaging with a number of potential new shipping customers to supplement existing operators and offer greater choice to freight and passenger business.

Work across Government to prepare for the end of the Brexit transition period will intensify in the period ahead. We remain committed to doing everything we can to ensure that citizens and businesses are as ready as they can be for the end of transition.

Brexit Negotiations

Ceisteanna (32, 39)

Johnny Mythen

Ceist:

32. Deputy Johnny Mythen asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding Brexit talks; and if he will call on the UK Government to fulfil its legal commitments and obligations regarding Brexit and the protections contained in the Irish protocol of the withdrawal agreement. [11074/20]

Amharc ar fhreagra

Brendan Smith

Ceist:

39. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the recent comments by the EU chief negotiator regarding Brexit and the need for the UK Government to honour the Northern Ireland protocol; and if he will make a statement on the matter. [11607/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 32 and 39 together.

Full implementation of the Protocol on Ireland/Northern Ireland is a key priority for the EU, as well as for Ireland. The Government remains in close contact with the European Commission and our EU partners on this matter.

Over recent weeks, I have had contacts with EU Chief Negotiator Michel Barnier, as well as with UK counterparts, including in respect of the Protocol on Ireland / Northern Ireland. I have stressed the importance of ensuring the full implementation of the Protocol, as agreed.

It is the Withdrawal Agreement and the Protocol on Ireland and Northern Ireland that ensures that we will avoid a hard border on this island, that the gains of the Good Friday Agreement are protected and the integrity of the Single Market and Ireland's place in it are safeguarded. Mr Barnier has been clear that the EU will continue to monitor closely implementation of the Protocol. Ratification of the Withdrawal Agreement means that the Protocol will be in place from 1 January next year regardless of the outcome of the EU-UK negotiations on the future relationship.

The European Commission has set out clearly and in detail what needs to be addressed in terms of implementation of the Protocol, in its note published on 30 April. The UK has also set out its approach to implementing the protocol in a paper published on 20 May. What we need now is for the UK to provide the technical detail necessary to make the Protocol fully operational by the end of the transition period. Progress on implementation will provide certainty to citizens and to business which is of crucial importance.

The Joint Committee met for the second time last Friday and Ireland once again participated as part of the EU delegation. We look forward to future early meetings of the Specialised Committee as it continues its work.

Full implementation of the Withdrawal Agreement and the Protocol will help to create the confidence that we need across the EU as we build our future partnership with the UK.

Election Monitoring Missions

Ceisteanna (33)

Seán Haughey

Ceist:

33. Deputy Seán Haughey asked the Tánaiste and Minister for Foreign Affairs and Trade if he will make available the names of observers appointed to the most recent election observer roster; if the Data Protection Commission has been consulted regarding this matter having regard to the general data protection regulation; the advice received from the Data Protection Commission; and if he will make a statement on the matter. [11255/20]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to the response to Parliamentary Question Nos. 21 of 3 June 2020 and 37 of 5 March 2020.

The Department of Foreign Affairs and Trade administers and maintains a roster of suitably skilled individuals who are available to deploy on international election observation missions organised, in the main, by the European Union (EU) and the Office of Democratic Institutions and Human Rights of Organisation for Security and Cooperation in Europe (OSCE-ODIHR).

For as long as the Department has maintained the roster, the names of roster members have formed part of the public record. This has been done to demonstrate accountability and transparency in the administration of the roster.

As the 2019-2023 roster exists within the framework of the EU General Data Protection Regulation (GDPR), the Department has given detailed consideration to the legal basis for publishing the names.

The Department has consulted with the Data Protection Commission (DPC). This followed a detailed consideration of the DPC Guidance Note on the Legal Bases for Processing Personal Data. Concerning the publishing of names, the DPC raised a number of important matters which my Department as a Data Controller must consider. These remain under consideration and include: the GDPR right to be forgotten, the possibility of other information being inferred, or inferable, as a result of publication of the names, and whether there have been incidents of members of the roster having suffered harm as a result of being identified. It will also be important to also consider any final concerns raised by individual roster members, who each have data protection and privacy rights, as well as significant other rights and freedoms. 

The list contains the names of persons who volunteered to join a roster without any guarantee of selection for an overseas election observation mission. While it remains my intention that this list is published, this will only happen when I am satisfied that doing so is in compliance with the GDPR and other legal obligations.

International Relations

Ceisteanna (34)

Róisín Shortall

Ceist:

34. Deputy Róisín Shortall asked the Tánaiste and Minister for Foreign Affairs and Trade if he will address the arrest of two Iranian students and other Iranian dissidents and activists (details supplied); if he will condemn these arrests and call for the immediate release of political prisoners and activists; if he has engaged with the Iranian ambassador; and his views on calls for a fact-finding mission to Iran to meet with political prisoners. [11272/20]

Amharc ar fhreagra

Freagraí scríofa

The human rights situation in Iran remains a matter of serious concern. This includes in relation to freedom of expression and assembly, arbitrary arrest, and torture in detention. Human rights issues therefore continue to constitute an important part of Ireland's engagement and dialogue with Iran.

I am aware of the two cases raised, and note with concern that there are reports that the persons in question have been tortured. Ireland urges all States to safeguard the human rights of prisoners and detainees as set out in the United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Mandela rules.

Respect for human rights is an integral part of Ireland’s foreign policy, and we consistently seek to raise our concerns on human rights issues through the most appropriate and effective channels. Our active participation at the UN Human Rights Council is very important in that regard, and Ireland has regularly raised human rights in Iran at that forum.

At the most recent Universal Periodic Review of Iran’s human rights record at the Human Rights Council in November 2019, Ireland raised concern about the continued harassment, arrest, and arbitrary detention of human rights defenders in Iran, and called on the Iranian Government to release all detainees, who have been imprisoned solely for exercising their rights to freedom of expression and peaceful assembly as guaranteed under the ICCPR. Human rights concerns are also discussed in Ireland’s bilateral engagement with Iran, and I have raised the need to have an open dialogue on the subject with the Iranian Ambassador. 

The UN Special Rapporteur on the situation of human rights in Iran is mandated to monitor and investigate human rights violations, and undertake country visits to Iran. It is extremely disappointing that access to Iran has not been granted to the Special Rapporteur by the Iranian authorities to date. Senior officials in my Department raised our concerns about Iran’s human rights violations directly with their counterparts in Tehran in February 2020, urging Iran to cooperate with the UN Special Rapporteur, and allow him access into the country. 

The EU consistently pursues human rights issues with Iran, including the right to due process for all, as part of our overall engagement with Iran. Since 2011, the EU has also had in place restrictive measures related to violations of human rights, which both list individuals and entities responsible for grave human rights violations, including many responsible for violations of rights of detainees; and ban the export to Iran of equipment which might be used for internal repression and of equipment for monitoring telecommunications.

Ireland and the EU will continue to monitor developments in Iran, and to call on the Iranian Government to make progress in relation to human rights, both in direct contacts with Iranian officials, and at international level, including at the Human Rights Council, whenever opportunities arise.

Consular Services

Ceisteanna (35)

Mary Lou McDonald

Ceist:

35. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Foreign Affairs and Trade the supports available to Irish citizens based in the Canary Islands impacted by the Covid-19 pandemic; and if he will make a statement on the matter. [11311/20]

Amharc ar fhreagra

Freagraí scríofa

The Department of Foreign Affairs and Trade provides all possible consular advice and assistance to citizens overseas, where requested and where appropriate.

As part of the comprehensive approach to assisting our citizens overseas in the context of COVID-19, a particular focus of our work has been on helping those who are normally resident in Ireland to return home safely. Since the beginning of the pandemic, my Department has assisted over 6,000 citizens to return. We continue to help many other Irish citizens overseas, including approximately 1,000 who have registered an interest in returning home. In certain very exceptional cases, financial assistance can be considered for citizens who require it in order to return home safely. This assistance is in the form of a loan, repayable within 6 months.

In terms of social protection available to Irish people based abroad, the level provided within each EU Member State is a matter for individual Governments and there are of course differences between EU Member States. The social protection services of EU Member States cannot discriminate between EU citizens living and working in their countries, either in the context of emergency Covid-19 payments or more generally with regard to other social protection supports.

In Spain, financial supports are available through the national, regional, and local governments and can therefore vary between regions. Our Embassy in Madrid can advise on what supports Irish citizens registered as resident in the Canary Islands may apply for, such as rent relief, unemployment or furlough supports and a recently introduced minimum income scheme for low-income households.

Any citizens in difficulty abroad, including in the Canary Islands, are encouraged to make contact with their nearest Irish diplomatic mission, in this case the Irish Embassy in Madrid, whereby all possible consular assistance will be made available. This includes facilitating contact with the relevant local authorities, as well as advice which takes into account their particular circumstances.

Northern Ireland

Ceisteanna (36)

Brendan Smith

Ceist:

36. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the recent discussions he has had with members of the Northern Ireland Executive and with the Secretary of State for Northern Ireland regarding the need to introduce without further delay the victims payment scheme; and if he will make a statement on the matter. [11381/20]

Amharc ar fhreagra

Freagraí scríofa

On 31 January 2020, the then Secretary of State for Northern Ireland signed legislation establishing a Victims’ Payment scheme for victims of Troubles-related incidents.

The Government is aware that certain issues have been raised around the funding and scope of this scheme, which are primarily a matter for the UK Government and NI Executive to agree.

The Government believes that everyone concerned wants to see the Victims’ Payment Scheme come into operation as speedily as possible for victims and survivors of the conflict, and in the spirit of peace and reconciliation.

The Government has always acknowledged and sought to address the legitimate needs and expectations of victims’ families and survivors of Troubles-related attacks in all jurisdictions.

We are deeply conscious of the enduring suffering and hardship that survivors of Troubles-related attacks bear, both North and South, and indeed in Britain and Europe.

The Government continues to engage with the UK Government, Northern Ireland political parties, victims and survivors and key stakeholders on addressing the legacy of the past in Northern Ireland in accordance with the framework set out in the Stormont House Agreement.

Question No. 37 answered with Question No. 25.

Diplomatic Representation

Ceisteanna (38)

Catherine Connolly

Ceist:

38. Deputy Catherine Connolly asked the Tánaiste and Minister for Foreign Affairs and Trade the amount spent on purchasing new properties for additional embassies and consulates over the past two years; and if he will make a statement on the matter. [11430/20]

Amharc ar fhreagra

Freagraí scríofa

My Department delivers Ireland’s foreign policy objectives through our Mission network consisting of Embassies, Consulates and Permanent Representations worldwide.  As part of the Government's strategy, "Global Ireland - Ireland's Global Footprint to 2025", over the last two years my Department has opened new Embassies in Chile, Colombia, Jordan, New Zealand, Liberia, and new Consulates in Vancouver, Cardiff, Frankfurt, Los Angles and Mumbai. The Department is currently leasing properties in these locations and has not purchased any property in the last two years.

If an opportunity arises to purchase a property in one of these locations, the Department will examine this option.

Question No. 39 answered with Question No. 32.

Departmental Expenditure

Ceisteanna (40)

Cian O'Callaghan

Ceist:

40. Deputy Cian O'Callaghan asked the Tánaiste and Minister for Foreign Affairs and Trade the amount his Department spent on social media monitoring in 2018 and 2019; and if he will make a statement on the matter. [11842/20]

Amharc ar fhreagra

Freagraí scríofa

There were no such costs incurred by my Department in either 2018 or 2109.

The Department of Foreign Affairs and Trade has procured an external monitoring service for press and broadcast media. While this contract allows for social media monitoring if required, this element is not currently utilised. The Department monitors its own and external social media activity through free analytical tools provided by the major social media platforms.

Covid-19 Pandemic Supports

Ceisteanna (41, 53, 58, 80, 85, 92, 99, 112)

Catherine Murphy

Ceist:

41. Deputy Catherine Murphy asked the Minister for Finance if he will give consideration to reviewing wage subsidies for casual staff in view of the fact that longer operating hours are now required and that wage subsidies should be proportionate to new working hours as opposed to looking at pre-Covid-19 payments; and if he will make a statement on the matter. [10589/20]

Amharc ar fhreagra

Holly Cairns

Ceist:

53. Deputy Holly Cairns asked the Minister for Finance if he will extend the temporary wage subsidy scheme for the hospitality sector for as long as it is operating at reduced capacity due to social distancing guidelines, restrictions on overseas visitors and self-isolating procedures. [11529/20]

Amharc ar fhreagra

Charlie McConalogue

Ceist:

58. Deputy Charlie McConalogue asked the Minister for Finance if he will amend the temporary wage subsidy scheme to facilitate the needs of businesses in the tourism and hospitality sector to increase the number of hours an employee can work to a level in excess of the average level of hours worked by an employee during the scheme qualification reference period and allow the company to continue to qualify for a payment under the scheme for the employee (details supplied); and if he will make a statement on the matter. [10559/20]

Amharc ar fhreagra

Peter Burke

Ceist:

80. Deputy Peter Burke asked the Minister for Finance if the Revenue Commissioners will be directed to amend the temporary wage subsidy scheme to allow for employers in the tourism industry to take on staff full-time under the scheme who may have worked reduced hours in January and February 2020 due to the off season; if he has considered the effect that this anomaly will have on the tourism industry taking on staff when their hours worked in January and February would have been significantly lower than the current demand; if measures will be taken to address this anomaly; and if he will make a statement on the matter. [11014/20]

Amharc ar fhreagra

Louise O'Reilly

Ceist:

85. Deputy Louise O'Reilly asked the Minister for Finance the future of the temporary wage subsidy scheme in the event workers still require financial support in cases in which their employment is not fully operational until mass gatherings are permitted; and the plans in place for the event industry. [11117/20]

Amharc ar fhreagra

James Browne

Ceist:

92. Deputy James Browne asked the Minister for Finance if he will amend the temporary wage subsidy scheme to include newly-established businesses with new members yet to be enrolled on the payroll; if he will include seasonal businesses that closed earlier in the year due to renovations; and if he will make a statement on the matter. [11203/20]

Amharc ar fhreagra

Éamon Ó Cuív

Ceist:

99. Deputy Éamon Ó Cuív asked the Minister for Finance his plans to extend the temporary wage subsidy scheme to seasonal tourism businesses particularly in rural and coastal areas that close for the winter season each year and normally operate from 17 March or Easter each year until either the end of October or Christmas and are not eligible for the scheme under its present rules in order to ensure regional equity; and if he will make a statement on the matter. [11241/20]

Amharc ar fhreagra

Catherine Connolly

Ceist:

112. Deputy Catherine Connolly asked the Minister for Finance the steps that will be taken to remedy the anomaly which prevents small businesses and companies which employ seasonal employees from availing of the temporary wage subsidy scheme; and if he will make a statement on the matter. [11424/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 41, 53, 58, 80, 85, 92, 99 and 112 together.

The Temporary Wage Subsidy Scheme (TWSS) is provided for in section 28 of the recently enacted Emergency Measures in the Public Interest (Covid-19) Act 2020.

The TWSS is an emergency measure to deal with the impact of the Covid-19 pandemic on the economy. Of necessity, the underlying legislation and the scheme itself were developed quickly, having regard to the urgent Government objective of getting assistance to employers and employees, where businesses have been seriously affected by the pandemic and the necessary restrictions introduced to fight the spread of the Covid-19 virus. It must be accepted that the TWSS cannot be adapted to meet the particular circumstances of individual employers or employees.

In the context of the compelling need for immediate implementation of the TWSS, the scheme necessarily had to build on data returned to Revenue through its real-time PAYE system. The key conditions of the scheme, as prescribed in the underlying law, are that –

- the business is suffering significant negative economic impact due to the pandemic,

- the employees were on the payroll at 29 February 2020, and

- the employer had fulfilled its PAYE reporting obligations for February 2020 before, in general, 15 March 2020, but extended recently to 1 April 2020.

The latter two conditions were particularly designed with a view to preventing abuse of the scheme. The wage subsidy per employee is calculated based on the net pay reported for January and February 2020. The scheme does not distinguish between ordinary wages, shift allowances, overtime, bonuses or commission or between part-time or full-time employees. Moreover, the scheme has no role in relation to the employer/employee relationship in so far as terms, conditions and entitlements of the employment are concerned.

Accordingly, it follows that the TWSS can only operate in respect of an employee, whether full-time or part-time, who was on the payroll of the employer as at 29 February 2020. Thus, where an individual commenced a new employment after that date, or returned to the payroll of his or her employer after that date following a period of unpaid leave, he or she does not meet the eligibility criteria with the employer as he or she would not have been on the employer’s payroll at that date.

The Deputies will be aware that the Government decided on 5 June 2020 to extend the Temporary Wage Subsidy Scheme (TWSS) until the end of August. The intention is to continue to monitor the scheme closely in the coming period. I expect that decisions will be taken at an appropriate time on next steps for the TWSS beyond end-August. In this regard, I acknowledge that certain sectors will face particular challenges into the future as we re-open our economy, and this is one of many factors that will inform such future decisions.

However, there are no plans at the present moment to revisit the core criteria. The TWSS is built upon historic PAYE returns made to Revenue – this is fundamental to the operational of the scheme which has given support to over 530,000 employees.

Covid-19 Pandemic Supports

Ceisteanna (42, 71)

Chris Andrews

Ceist:

42. Deputy Chris Andrews asked the Minister for Finance if staff can remain on the temporary wage subsidy scheme as a transition or if they revert back to ordinary employment immediately. [10555/20]

Amharc ar fhreagra

Bernard Durkan

Ceist:

71. Deputy Bernard J. Durkan asked the Minister for Finance if on their return to work, employees in the construction sector can expect to operate on the basis of a normal wage inclusive or exclusive of a pandemic unemployment payment; and if he will make a statement on the matter. [10800/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 42 and 71 together.

The Temporary Wage Subsidy Scheme (TWSS) was introduced on 26 March to support firm viability and preserve the relationship between the employer and employee insofar as is possible by subsidising a portion of the employer wage bill in circumstances where the employer’s business has been negatively impacted by the restrictions that have had to be introduced to stop the spread of the COVID-19 virus.

When originally announced, it was expected that this economy wide measure would be in place for 12 weeks until mid-June. Having regard to the novel circumstances surrounding the re-opening of the economy as well as the need to avoid the risk of forcing otherwise viable firms to close, the Government has decided that the TWSS will remain until the end of August.

The key prescribed conditions of the scheme are that –

- the business is suffering significant negative  economic impact due to the pandemic and is unable to pay normal wages to employees, but wishes to continue to employ the employees and is making best efforts to continue to pay some wages to the employees,

- the employees were on the payroll at 29 February 2020, and

- the employer had fulfilled its PAYE reporting obligations for February 2020 before, in general, 15 March 2020, but recently extended to before the 1 April 2020.

In terms of Deputy Andrews' question, employee eligibility for the scheme does not depend on that person being absent from the workplace. Eligible employees who return to the workplace will continue to be eligible for the TWSS provided that the core criteria for qualification for the scheme continue to be met.

Similarly, former employees who were on the employer's payroll on 29 February and who subsequently availed of the Covid-19 Pandemic Unemployment Payment (PUP) may return to that employment and be eligible for the TWSS. A person ceases to be eligible for the PUP from the date they return to employment.

I might add that the position in relation to the TWSS does not affect any legal obligations that the employer may have to their employee as regards any terms, conditions or entitlements of their employment, including pay. The question of an individual’s employment entitlements following their resumption of work and the question of what wages an employer may or may not be in a position to pay such an employee are matters between the employee and the employer. However, the employer is expected to make best efforts to maintain the employee’s net income as close as possible to normal net income for the duration of the Subsidy period.

Finally, there is no minimum amount that the employer must pay as an additional payment in order to be eligible for the scheme, but for Revenue operational systems reasons the employer will need to enter at least €0.01 in Gross Pay when running its payroll. 

Property Tax

Ceisteanna (43)

James Browne

Ceist:

43. Deputy James Browne asked the Minister for Finance if he will review the need for registered holiday cottage owners to pay local property tax; and if he will make a statement on the matter. [10794/20]

Amharc ar fhreagra

Freagraí scríofa

Under the terms of the Finance (Local Property Tax) Act 2012 as amended, a property is liable for Local Property Tax (LPT) if it is a residential property on the valuation date of 1 May 2013. A 'residential property' is any building (or part of a building) which is used as, or is suitable for use as, a dwelling. A property that is not occupied and is suitable for use as a dwelling is still a liable property for LPT.

Section 4 of the Act provides for an exemption from Local Property Tax (LPT) in respect of a residential property that is used wholly as a dwelling and is liable to commercial rates. For example, guest houses that are subject to commercial rates are frequent beneficiaries of this exemption. Whether a property is chargeable to commercial rates is a matter for the relevant local authority. In general, residential properties which are not subject to commercial rates are liable to LPT, and there are no plans to review this matter. 

Tax Collection

Ceisteanna (44)

Robert Troy

Ceist:

44. Deputy Robert Troy asked the Minister for Finance his views on whether it was a fair process to tax the back pay of nurses (details supplied). [10976/20]

Amharc ar fhreagra

Freagraí scríofa

Ireland has a progressive income tax system which is structured such that the more income you have, the more tax you pay. The system applies equally to all income earners liable to taxation in the State. As an individual’s income increases they move up through the various rates and bands and, as a result, while the levels of take home pay increase overall, the amount of tax paid also increases. Total income tax receipts account for around 40% of Ireland’s annual tax receipts, thereby making a significant contribution towards the cost of the various Exchequer funded State services, many of which are experiencing additional pressures at this time as a result of the necessary response to the COVID-19 pandemic.

The Government greatly appreciates the additional efforts of essential workers, front line staff and all those working during this difficult time. They are making a key contribution to the State-wide response to the COVID-19 crisis.

The Government's approach has been to focus available resources on initiatives which support those who are no longer in employment or who have a reduced income as well as measures aimed at support employers in retaining staff and restarting businesses as we gradually reopen our economy in line with Ireland's Roadmap for Reopening Society and Business.

Covid-19 Pandemic Supports

Ceisteanna (45)

Joan Collins

Ceist:

45. Deputy Joan Collins asked the Minister for Finance if it will be ensured that workers who have no access to childcare and cannot get back to work, that the temporary wage subsidy scheme will be mandatory for those workers and the employer must use the scheme pending the return and reopening of childcare, crèches and so on. [11051/20]

Amharc ar fhreagra

Freagraí scríofa

Measures to support the provision of childcare are primarily a matter for the Minister for Children and Youth Affairs.

The TWSS is an emergency measure to deal with the impact of the Covid-19 pandemic on the economy. Of necessity, the underlying legislation and the scheme itself have been developed very quickly, having regard to the objective of getting much needed assistance to employers and employees, where businesses have been seriously affected by the pandemic and the necessary restrictions introduced to fight the spread of the Covid-19 virus.

The core principles of the scheme are that the business is suffering significant negative economic impact due to the Covid-19 pandemic, that the employees were on the payroll at 29 February 2020 and that the employer had fulfilled its PAYE reporting obligations for February 2020 before 1 April 2020. The scheme is predicated on the employer wanting to keep the employees on the payroll and to retain them until business picks up. The TWSS cannot be tailored to meet every individual set of circumstances for either employers or employees.

Vehicle Registration Tax

Ceisteanna (46, 47, 50)

Pádraig O'Sullivan

Ceist:

46. Deputy Pádraig O'Sullivan asked the Minister for Finance if his attention has been drawn to the fact that there is a six-week delay for small car dealerships to get a vehicle registration test; and if he will make a statement on the matter. [11069/20]

Amharc ar fhreagra

Pádraig O'Sullivan

Ceist:

47. Deputy Pádraig O'Sullivan asked the Minister for Finance if his attention has been drawn to fact that small car dealerships are losing business due to the fact they cannot secure a vehicle registration test in an appropriate time frame; and if he will make a statement on the matter. [11070/20]

Amharc ar fhreagra

Cathal Crowe

Ceist:

50. Deputy Cathal Crowe asked the Minister for Finance if provisions are being made for those who have bought vehicles in the United Kingdom and must inform the national car test, NCT, service within a week of it arriving here in which they are facing a backlog in trying to communicate with NCT centres. [11139/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 46, 47 and 50 together.

I am advised by Revenue that the requirement to make an appointment to register a car within seven days of arrival in the State and to register the car within 30 days is not being enforced by Revenue while the NCTS Centres are closed and the possibility of registering cars is not available; vehicles that cannot be registered in these circumstances will not be seized by Revenue on registration grounds.

I am also advised by Revenue that a number of NCTS Centres will be reopening for VRT business from Monday 15 June 2020. As the NCTS Centres are still not operating to a high capacity, customers will not be charged additional VRT for late registration if they cannot get an appointment due to the closures and exceed the 30-day period. Details of these openings are available on the Revenue website at the following link: https://www.revenue.ie/en/corporate/communications/covid19/vrt-and-excise.aspx

I am further advised by Revenue that a vehicle pre-inspection facility has continued to be in operation and is available to authorised motor dealers – details are at the following link: https://www.ncts.ie/1155. Registration by authorised dealers on the Revenue Online Service (ROS) of new cars and cars that have been pre-inspected has not been interrupted and such vehicles may be registered in the normal way before delivery to a customer.

Covid-19 Pandemic Supports

Ceisteanna (48)

Louise O'Reilly

Ceist:

48. Deputy Louise O'Reilly asked the Minister for Finance the steps he is taking to assist event workers recoup public liability insurance which has been paid to private insurance companies for the purposes of working events which will no longer be taking place; and if he will make a statement on the matter. [11118/20]

Amharc ar fhreagra

Freagraí scríofa

At the outset, I understand that the Deputy’s question relates to independent contractors, that work at public events, like sound engineers, security staff, etc., and not general employees of businesses that may be operating at such events.  The Deputy should note that neither I, nor the Central Bank of Ireland, can interfere in the provision or pricing of insurance products, or their contractual terms, 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 contractual terms and conditions of insurance products.

It is difficult to give a precise answer in relation to the situation mentioned in the Deputy’s question. We are all aware that many events have been cancelled as a result of the COVID-19 pandemic and that this will have a negative financial impact on contractors that would have worked at these events. Government has brought forward a range of general measures to support businesses and individuals in terms of income support as part of a very significant financial aid package.

In terms of the specifics of the case of recouping money paid for such insurance it may well depend on the nature of the contract between the contractor and their insurer. I understand that such insurance contracts may not be related to particular events, but provide cover over a period of time. Therefore in some cases the contractor may benefit from the insurance taken out in terms of working at future events that may be held. In addition, whether a contractor can make a claim in relation to the cancellation of the event against their insurance policy due to COVID-19 will also depend on the specifics of the individual policy. I have repeatedly said  that insurers must treat their customers honestly, fairly and professionally and honour those elements of the policies covered in line with the Central Bank’s Consumer Protection Code. However, it is important to note that neither the Government nor the Central Bank have any role in adjudicating on such matters.

Where a dispute occurs and the policyholder is dissatisfied with the service received by their insurance provider, including in relation to the situation mentioned in this question, then the appropriate channels for resolving the dispute must continue to be followed i.e. use of the Financial Services and Pensions Ombudsman (FSPO). The Deputy will be aware that the FSPO is a statutory official who acts as an independent arbiter of disputes which consumers may have with their insurance company or other financial service provider. The FSPO can be contacted either by email at info@fspo.ie or by telephone at 01-567-7000.

Covid-19 Pandemic Supports

Ceisteanna (49)

David Cullinane

Ceist:

49. Deputy David Cullinane asked the Minister for Finance if workers being paid through the temporary wage subsidy scheme without the employer top-up to 100% of previous wages are expected to work full or pro rata hours; the mechanisms his Department is employing to monitor this; and if he will make a statement on the matter. [11136/20]

Amharc ar fhreagra

Freagraí scríofa

Section 28 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 is the legislation underpinning the Temporary Wage Subsidy Scheme (TWSS). The Government’s priority in so far as the TWSS is concerned was, and is, to ensure that all employers experiencing significant negative economic disruption from COVID-19 can register for, and start to receive, payment quickly. The purpose of the scheme is to ensure that the relationship between employers and employees is maintained to the greatest extent possible so that businesses can restart operations quickly once that is possible. Eligibility for the scheme can be satisfied by an employer once they meet the relevant criteria.

The TWSS scheme is available to eligible employers across all sectors, excluding the Public Service and Non-Commercial Semi-State Sector. This includes businesses that have closed due to the Covid-19 restrictions and those that continue to operate and employ their workforce. The amount of the subsidy for each employee is calculated based on the average net weekly pay reported for January and February 2020. There is no distinction made regarding the subsidy amount based on whether the business has closed for any defined period due to the restrictions brought in by the Government or has continued to trade with employees continuing to work full time or part time, with similar hours as before the Covid-19 pandemic.

The employer is expected to make best efforts to maintain the employee’s net income, reflected in the average net weekly payment for January and February 2020, for the duration of the TWSS. There is, however, no minimum amount that the employer must pay as an additional payment in order to be eligible for the scheme, but, for Revenue operational systems reasons, the employer will need to enter at least €0.01 in Gross Pay when running its payroll. If the employer makes an additional payment greater than the difference allowed by the scheme, then the subsidy value refundable to the employer will be reduced by this excess amount when the refund reconciliation is performed by Revenue in due course. The scheme is not prescriptive as regards the hours that must be worked.

Revenue published detailed guidance on employer eligibility and supporting proofs for the TWSS and it is available on the Revenue website: https://www.revenue.ie/en/corporate/communications/documents/guidance-on-employer-eligibility-and-supporting-proofs.pdf.

Question No. 50 answered with Question No. 46.
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