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Thursday, 15 Oct 2020

Written Answers Nos. 128-142

Consumer Protection

Ceisteanna (128)

Seán Sherlock

Ceist:

128. Deputy Sean Sherlock asked the Minister for Finance if the recommendations of the 2018 Consumer and Competition Protection Commission, CCPC, report on personal contract plans, PCPs, in the car finance market are being progressed (details supplied). [30800/20]

Amharc ar fhreagra

Freagraí scríofa

As part of his review of the regulation of Personal Contracts Plans (PCPs), Mr Michael Tutty considered the contents and recommendations of an earlier CCPC study on 'Personal Contract Plans: the Irish Market' and also a separate Central Bank of Ireland study 'An Overview of the Irish PCP Market'. Following his consideration of these reports and his other considerations, Mr Tutty produced his report entitled 'Review of the Regulation of PCPs' (available at: https://www.gov.ie/en/publication/5391e5-review-of-regulation-of-personal-contract-plans/).

As the Deputy is aware, the Tutty Report recommended that further consumer protections in relation to PCP agreements be introduced and, in particular, it recommended that, and in accord with the relevant CCPC recommendation, the provisions of the Central Bank Consumer Protection Code which requires lenders to assess the suitability of the product for the consumer and also the ability of the borrower to repay the debt over the duration of the credit agreement, should be extended to hire-purchase/PCP agreements.

However, while the other Tutty Report recommendations can and are being implemented within the existing legislative framework, the implementation of this particular recommendation to all the providers of hire purchase and PCP agreements will necessitate new legislation and, as the Deputy is aware, I have obtained Government approval to draft a Bill to achieve this (see relevant press release attached: https://www.gov.ie/en/press-release/ab741f-minister-donohoe-announces-government-approval-to-draft-legislation-/). It is the intention of Government to publish this Bill as soon as possible.

Departmental Contracts

Ceisteanna (129)

Gerald Nash

Ceist:

129. Deputy Ged Nash asked the Minister for Finance if a bank (details supplied) has been awarded State contracts in each of the years 2016 to 2019 and to date in 2020; and if he will make a statement on the matter. [30814/20]

Amharc ar fhreagra

Freagraí scríofa

The bank concerned has not been awarded any contracts by the Department of Finance for the period 1 January 2016 to date.

My Department also has 17 Bodies under the Aegis and none of these bodies have awarded State contracts to the detailed bank in the years of 2016 to date. However, the detailed bank is one of the financial institutions that, on foot of an open call, offers the Future Growth Loan Scheme on behalf of the Strategic Banking Corporation of Ireland (SBCI). They are not remunerated by the SBCI for the provision of this service.

It should be noted that the Department of Finance does not retain any information concerning state contracts that have been awarded by other Government Departments or the agencies under their remit.

Banking Sector

Ceisteanna (130)

Gerald Nash

Ceist:

130. Deputy Ged Nash asked the Minister for Finance outcome of his recent meeting with a bank (details supplied), in particular the outcome of his conversation with the bank regarding the recent statement by its parent company that it was reviewing the position of the bank in the market here; if he has seen the terms of reference for the review; and if he has further meetings planned. [30815/20]

Amharc ar fhreagra

Freagraí scríofa

I am aware that NatWest is engaged in a strategic review of its operations, including those of its subsidiary, Ulster Bank, thanks to media reports published last month.

Following these report, officials from my Department contacted Ulster Bank and NatWest. Both Ulster Bank and NatWest highlighted that work on the review is ongoing and no decisions have yet been made. Furthermore, NatWest confirmed that there is no set timetable for this review and that it is fully aware of the strategically important role that Ulster Bank plays in the provision of financial services to the Irish market.

My office is currently working on scheduling a meeting with Ulster Bank. I expect it will take place soon.

Bank Codes of Conduct

Ceisteanna (131, 132)

Gerald Nash

Ceist:

131. Deputy Ged Nash asked the Minister for Finance if the Central Bank plans to update the code of practice governing bank branch closures (details supplied) that would ensure that, at a minimum, an impact assessment is carried out that would include among other things extending the notice period of branch closures to six months and inserting a 12 month notice of closure for a branch that is the last branch in a particular area. [30816/20]

Amharc ar fhreagra

Gerald Nash

Ceist:

132. Deputy Ged Nash asked the Minister for Finance if the recent actions of a bank (details supplied) in closing four branches are in compliance with provision 3.12 of the 2012 consumer protection code; his views that the consumer protection code should be updated to protect staff and consumers that rely on branch banking including consumers in areas with poor broadband connectivity. [30817/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 131 and 132 together.

I have no statutory role in relation decisions about bank branch closures. Banks in Ireland are independent commercial entities and it is a commercial decision for the management team and board of each institution as to where they locate their branches.

Banks are required to notify the Central Bank immediately once a decision to close a branch has been made. While noting that the closure of branches is a commercial decision for the regulated entity, the Central Bank expects all regulated entities, including banks, to take a consumer-focused approach, ensure clear communications with customers regarding any such changes to a bank’s branch network and to have alternative channels available to consumers to avail of banking services.

The Consumer Protection Code 2012 (the Code) currently contains a provision that seeks to ensure that consumers are treated fairly, where a bank intends to close, merge or move a branch, by having sufficient time to make alternative arrangements, in instances where a credit institution intends to close, move or merge a branch. Specifically, Provision 3.12 of the Code requires that credit institutions must i) notify the Central Bank immediately; ii) provide at least two months’ notice to affected consumers to enable them to make alternative arrangements; iii) ensure all business of the branch is properly completed prior to the closure, merger or move; or alternatively, inform the consumer of how continuity of service will be provided; and iv) notify the wider community of the closure, merger or move in the local press in advance.

Provision 3.12 does not preclude credit institutions from providing longer notice periods than the aforementioned 2 months’ notice when closing, moving or merging a branch. I am advised that the Central Bank cannot comment on individual banks plans in respect of branch closures.

A review of the Consumer Protection Code is currently underway and all of its provisions are within scope. A public consultation on the Central Bank’s proposals for amendments will take place in 2021 giving all stakeholders an opportunity to make submissions. This review will also include transferring the Code into regulations in line with the regulation making powers given to the Central Bank in the Central Bank (Supervision and Enforcement) Act 2013.

Regional Aid

Ceisteanna (133)

Louise O'Reilly

Ceist:

133. Deputy Louise O'Reilly asked the Minister for Finance the value of regional aid granted under the regional aid guidelines granted by his Department or agencies under the remit of his Department in each of the past seven years; the value by county or lowest possible NUTS level over the period; and if he will make a statement on the matter. [30897/20]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that neither my Department nor any of the Bodies under the Aegis of my Department has granted regional aid under the regional aid guidelines in any of the past seven years.

Covid-19 Pandemic Supports

Ceisteanna (134)

Catherine Murphy

Ceist:

134. Deputy Catherine Murphy asked the Minister for Finance the status of the stay and spend scheme; if the effectiveness of it has been assessed to date; if he will seek an extension of the scheme beyond April 2021 in view of the ongoing Covid-19 restrictions; if the Revenue Commissioners have provided feedback on the scheme to him; and if he will make a statement on the matter. [30617/20]

Amharc ar fhreagra

Freagraí scríofa

The Stay and Spend scheme provides tax relief by means of a tax credit at the rate of 20% on qualifying expenditure of up to €625 per person, or €1,250 for a jointly assessed couple. The tax credit is worth a maximum of €125, or €250 for a jointly assessed couple.

The purpose of the scheme is to provide targeted support to businesses within the hospitality sector whose operations are likely to be most affected by continued restrictions.

The scheme is just one of a broad range of measures to support various sectors, including hospitality, at this time. For example, I announced in my Budget speech that the VAT rate applied to Tourism and Hospitality related goods and services is to be temporarily reduced from 13.5% to 9%, from 1 November 2020 to 31 December 2021, in recognition of the unprecedented challenges facing the sector.

The Stay and Spend scheme has been in operation since 1 October. As the Deputy maybe be aware, section 478A of the Taxes Consolidation Act 1997 provides that I may, by order, extend the qualifying period beyond 30 April 2021. It is too early in the lifetime of the scheme, yet, to assess its effectiveness or to make a decision about whether it should or should not be extended.

Finally, I am advised by Revenue that, as of 9 October, the latest date for which data are available,:

- there have been 4,087 receipts for the scheme uploaded on the Revenue app;

- the total qualifying expenditure included on these 4,087 receipts was €599,836.50 which would give a credit of up to €119,967.30 if claimed; and

- of the 4,087 receipts uploaded, 675 related to both food and accommodation, 670 related to accommodation only and 2,742 related to food only.

Covid-19 Pandemic

Ceisteanna (135)

Violet-Anne Wynne

Ceist:

135. Deputy Violet-Anne Wynne asked the Minister for Public Expenditure and Reform the procedure for a public servant who has to travel abroad for an essential health procedure and must self-isolate on return here; and if this person must claim sick pay or use holiday pay on his or her return. [30771/20]

Amharc ar fhreagra

Freagraí scríofa

Where an employee is going to be absent from work due to a medical procedure their employer will advise them about the arrangements that apply in their own case as these may differ depending on the specific circumstances.

In general terms, if it is determined by a medical professional that a public servant must travel abroad for what is deemed to be an essential health procedure, normal sick leave rules may apply.

Again, depending on the specific details of each case, if a public servant is medically certified as unwell on return to Ireland they may be eligible for sick leave. Alternately, if they are fit for work they must agree with their employer what arrangements apply.

The Resilience and Recovery Plan lists three reasons which may be considered as essential travel; to care for family members, for essential work or for citizens to return home, however there is no definitive list of what constitutes essential travel and as such, in relation to what leave arrangements apply, this is a matter for each employer to determine.

Question 4.5 of the Guidance and FAQs for Public Service Employers during COVID-19 sets out the position in relation to travel overseas that is deemed to be non-essential. If travel is deemed to be non-essential then public servants must make provision by way of an annual leave or unpaid leave application for the period of restricted movement, in line with the normal rules applying in the relevant sector.

Departmental Bodies

Ceisteanna (136)

Catherine Murphy

Ceist:

136. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if the Commissioner for Environmental Information sought an order for costs (details supplied) in cases in which it either succeeded or the other party withdrew the appeal; if an order for costs was granted, the amount of legal costs recovered in each case; and if he will make a statement on the matter. [30806/20]

Amharc ar fhreagra

Freagraí scríofa

The recovery of costs in respect of matters before the Commissioner for Environmental Information is governed by the special costs rules, as provided for in the Environment (Miscellaneous Provisions) Act 2001. Section 3(1) of the 2011 Act provides that, in certain environmental cases including proceedings concerning the AIE Regulations, the general rule is that each party must bear its own costs.

I am informed by the Commissioner that he upholds the spirit of the special costs rules, which is to allow access to justice in matters relating to the environment. Costs have therefore not usually been pursued, unless the Commissioner believes that section 3(3) of the 2011 Act applies to the circumstances of the case. Section 3(3) provides that in some specific circumstances, a Court may award costs where the Court deems this to be appropriate.

The Commissioner advises that Section 3 of the 2011 Act will not always apply to proceedings instituted by a statutory body or a Minister of the Government. As a result, it may be possible to recover costs where the appeal is brought by such a party to a case. In this regard, the Commissioner’s view is that the payment of costs between statutory bodies and the Office of the Commissioner for Environmental Information is, generally, cost neutral to the Exchequer. It is also the case that the pursuit of costs in itself incurs expense of time and resource. Bearing this in mind, the Commissioner has sometimes chosen not to pursue costs where it might technically be possible.

In respect of each case cited in the question, the Commissioner has provided the following details:

- NAMA v Commissioner for Environmental Information – High Court reference 2011/357 MCA and Supreme Court reference 159/13: the High Court made an order for costs in the Commissioner’s favour; however, the Supreme Court Order vacated that order and made no order for costs.

- Redmond v Commissioner for Environmental Information – High Court reference 2016/27 JR: This matter was appealed by the Redmonds to the Court of Appeal who found in favour of the appellant therefore the Commissioner did not seek an order for costs in this matter.

- Coillte v Commissioner for Environmental Information – High Court reference 2018/453 MCA: This matter was withdrawn by the appellant following judgment in a related High Court case. The Commissioner agreed to the withdrawal on a “no costs” basis bearing in mind the special rules in relation to costs in environmental related matters.

- An Taoiseach v Commissioner for Environmental Information – High Court – 2019/48: No legal costs were incurred by the Commissioner as it was dealt with by in-house lawyers leading to an early withdrawal of the appeal.

- MCA M50 Skip Hire and Recycling Ltd v Commissioner for Environmental Information – High Court reference 2019/287 MCA: the High Court has not made a final order in relation to this matter.

Covid-19 Pandemic Supports

Ceisteanna (137)

Seán Canney

Ceist:

137. Deputy Seán Canney asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media her plans to introduce specific grants and supports for the live events section of the economy (details supplied); and if she will make a statement on the matter. [25985/20]

Amharc ar fhreagra

Freagraí scríofa

In Budget 2021, the Government announced the provision of support for live entertainment in the amount of €50m. This will include measures for the commercial entertainment sector and will support live entertainment in across the country. This will build on the pilot live performance scheme in 2020 which was introduced as part of the July Stimulus. It will also see support for activities at community level leading to greater work opportunities for crew and venue workers nationwide. There will be further supports for music, building on the phenomenal demand for support under the July stimulus Music Scheme operated by First Music Contact. A scheme of capital grants for equipment will also operate in 2021. Combined with measures announced by the Minister for Finance, this will provide additional supports to a sector severely impacted by COVID-19.

Officials in my Department will engage with the sector on the detail of how these new supports will operate, and I hope also to announce the recipients of the pilot scheme shortly.

Covid-19 Pandemic

Ceisteanna (138)

Sorca Clarke

Ceist:

138. Deputy Sorca Clarke asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the restrictions that apply to yoga studios, dance classes and stage schools in view of level three Covid-19 restrictions. [30634/20]

Amharc ar fhreagra

Freagraí scríofa

The 'Resilience and Recovery Plan for Living with COVID-19' is a cross-government approach to managing the pandemic for the coming months. It sets out a framework on managing and living with COVID-19 and includes restrictive measures to help us to go about our daily lives as much as possible, while managing the virus.

The framework sets out five levels of response, each with a number of measures designed to help us all lower COVID-19 transmission and setting out what is permitted at that moment in time. All counties in Ireland are at Level 3 until midnight Tuesday 27 October.

The Government's priority is to keep schools, early learning and childcare services open and minimise disruption in the work force. This means that a number of services should be moved online and some businesses will be closed. In order to keep people safe, we are all been asked to reduce the number of people we meet to a minimum and stay in our own counties. COVID-19 is highly infectious and we are all asked to be extra careful when socialising and working with others.

Dance classes/schools are classified as exercise and sporting events under the Plan. Under Level 3 restrictions, indoor training is only permitted on an individual basis, therefore exercise and dance classes cannot take place. Non-contact training can take place outdoor in pods of up to 15. There are exemptions for professional/elite groups.

Covid-19 Pandemic Supports

Ceisteanna (139)

Niamh Smyth

Ceist:

139. Deputy Niamh Smyth asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if support will be provided to a leisure facility (details supplied); the supports open to this facility; and if she will make a statement on the matter. [30653/20]

Amharc ar fhreagra

Freagraí scríofa

The COVID-19 pandemic has had a profound impact on Ireland's sport and leisure sector. I regret that the necessary public health restrictions have presented serious challenges for the operators of sports and recreation facilities. These facilities are hugely valuable to communities throughout the country and play a major role in supporting people's health and wellbeing. I am pleased that in Level 3 of the Resilience and Recovery Plan, all gyms, leisure centres and swimming pools are permitted to open. I hope that they will continue to serve their communities through the winter months.

As part of the July Jobs Stimulus, I announced a special fund of €2.5 million to support the reopening of publicly accessible swimming pools in recognition of the particular challenges pool operators face in reopening to the public. This funding will be administered by Sport Ireland. A grant scheme is currently being drafted. Full details of the scheme and the application process will be announced shortly.

Freedom of Information

Ceisteanna (140)

Éamon Ó Cuív

Ceist:

140. Deputy Éamon Ó Cuív asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the date on which a freedom of information request (details supplied) sent to her Department on 2 September 2020 will be replied to; the reason for the delay; and if she will make a statement on the matter. [30807/20]

Amharc ar fhreagra

Freagraí scríofa

I understand that officials from the relevant section of my Department contacted the Deputy recently on this matter and the Deputy confirmed the relevant information was received on 30th September.

Sports Capital Programme

Ceisteanna (141)

Brendan Griffin

Ceist:

141. Deputy Brendan Griffin asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the date on which the next round of the sports capital programme will open for applications; the budget of same; and if she will make a statement on the matter. [30808/20]

Amharc ar fhreagra

Freagraí scríofa

The Sports Capital Programme (SCP) is the primary vehicle for Government support for the development of sports and recreation facilities and the purchase of non-personal sports equipment throughout the country. The Programme for Government commits to continuing the SCP and to prioritise the investment in disadvantaged areas.

The most recent (2018) round of the SCP attracted a record 2,337 applications. Allocations were announced in January, May and November of last year with a total of over €56 million awarded to 1,648 different projects. All unsuccessful applicants were given the opportunity to appeal the Department’s decision. In relation to the capital grants announced in November, a total of 122 appeals were submitted by the December deadline. The review of these appeals was completed in April with 6 new allocations approved.

With regard to future rounds of the programme, a full Review of the 2018 round of the SCP has now been completed and the terms and conditions of the next round of the programme will be based on the recommendations in the Review. Work on these terms and conditions is now being finalised and an announcement in relation to the timing of the next round and the funding available will be made after that is completed.

Covid-19 Pandemic Supports

Ceisteanna (142)

Niall Collins

Ceist:

142. Deputy Niall Collins asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if Covid-19 grant assistance is available for a group (details supplied) in County Limerick; and if she will make a statement on the matter. [30839/20]

Amharc ar fhreagra

Freagraí scríofa

In July I announced the opening of Stream D of the Cultural Capital Scheme 2019-2022 in response to the COVID-19 crisis. Under this Scheme, capital funding is provided to assist in the re-opening of theatres, arts centres and culture venues as part of Project Ireland 2040 - Investing in our Culture, Language & Heritage. The measures are designed to support arts and culture facilities in preparation for staff, artists and audiences returning to venues to reopen in line with the Government’s Roadmap for Reopening Society & Business and Return to Work Safety Protocols. There is a high degree of flexibility which will allow organisations to undertake necessary capital adaptations to their buildings so that they comply with the HSE COVID-19 related public health protection measures.

Not-for-profit organisations with a clearly defined arts and cultural remit can apply for Stream D. Eligible facilities include galleries, professionally-managed arts centres, museums, heritage centres, studios, archives, performance and creative spaces. The following are the features of the scheme:-

- Organisations can apply for a grant of €10,000 which can be used to fund eligible costs at a 90% funding rate;

- Alternatively organisations can apply for a grant of €5,000 which will not require match funding;

- All grants will be paid out on the basis of paid invoices;

- In exceptional circumstances, the upper limit of €10,000 may be exceeded where a compelling case can be made for a higher grant and these will be dealt with on a case by case basis;

- The scheme will apply for the period of the coronavirus crisis, commencing 12 March 2020 and applications can be made by organisations at any point throughout the crisis i.e. there will be no closing date;

- Applications will be assessed and decisions made as they are received by the Arts, Film and Investment Unit of the Department. The target turnaround time to repurpose grants will be 3 days and a target of 14 days for new grants;

- Applications will not be accepted from commercial organisations, local authorities, schools, colleges or ETBs;

If the organisation to which the Deputy refers meets the criteria above, it can apply on my Department's website at the following link: https://www.chg.gov.ie/arts/creative-arts/grants-and-funding/. Applications should be emailed to artscapitalunit@chg.gov.ie.

The organisation may be eligible for grants from the Department of Rural and Community Development or indeed its relevant local authority.

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