Written Answers Nos. 259-276
259. Deputy Jennifer Whitmore asked the Minister for Finance the measures he is putting in place to increase competition within the insurance sector in Ireland in view of the recent report which found rising public liability insurance premiums despite a drop in the value of awards; and if he will make a statement on the matter. [52210/21]
Amharc ar fhreagra260. Deputy Jennifer Whitmore asked the Minister for Finance the efforts he is carrying out to support businesses experiencing an increase in public liability insurance premiums despite a recent report outlining a drop in the value of awards; and if he will make a statement on the matter. [52211/21]
Amharc ar fhreagraI propose to take Questions Nos. 259 and 260 together.
This Government recognises the importance of a stable, well-functioning and competitive insurance industry. Accordingly, the Action Plan for Insurance Reform sets out 66 actions across a number of policy areas which is aimed at reducing volatility in the market, removing barriers to entry and making Ireland a more attractive operating environment for insurance companies. The first Action Plan Implementation Report, published in July, showed that work is progressing well, with 34 of the 66 actions completed.
A key achievement of the Government’s reform agenda is the establishment of the Office to Promote Competition in the Insurance Market, chaired by the Minister of State, Deputy Fleming. The office has held meetings with a wide range of bodies under the four main pillars of the office work plan: Promotion, Transparency, Engagement and Innovation. These are targeted to promote greater market transparency, champion the provision of consumer information, and encourage greater competition in the insurance market, including through the application of new technologies, where appropriate. The Minister of State, Deputy Fleming also met with CEOs of the major insurance providers in Ireland earlier this year. He will meet with them again over the coming months to discuss a variety of issues, with particular emphasis on the need to address customer concerns regarding cost and availability of insurance.
Furthermore, the Department is also working closely with IDA Ireland to target firms to enter the Irish market and explain the ongoing reforms to the insurance environment here, with the aim of increasing competition. We will continue to meet with any potential new providers to strongly make the case to enter the market or indeed expand their operations here. In addition, Department is collaborating with the Central Bank to create an insurance databank, which will assist new providers seeking to enter the Irish insurance market. This Programme for Government commitment was also recommended by the Competition and Consumer Protection Commission in its 2020 Public Liability Market report. This databank is complimented by the National Claims Information Databases (NCID) reports on motor and employers' liability (EL), public liability (PL) and commercial property insurance. These initiatives will provide rich sources of industry-level and operational data to aid transparency, assist in policy formulation and also promote competition.
Finally, I would like to assure the Deputy that securing a more sustainable and competitive market through deepening and widening the supply of insurance in Ireland remains a key policy priority for this Government. In this regard, it is my intention to work with my Government colleagues to ensure the timely implementation of the Action Plan, which is key to improving the cost and availability of insurance for all consumers, businesses and community groups across Ireland.
261. Deputy Catherine Murphy asked the Minister for Finance the arrangements in place for the public to consult the investment intermediaries register; if legacy registers exist; if so, the year they date to; if legacy registers are open to review by the public; and if he will make a statement on the matter. [52282/21]
Amharc ar fhreagraI have been advised that the public can consult the Investment Intermediaries’ registers by viewing them on the Central Bank of Ireland’s website (link below).
There are two registers for investment intermediaries – one for those intermediaries ‘deemed’ authorised by the Central Bank in July 2001, titled “Register of Investment Business Firms deemed to be authorised as Investment Intermediary (RAIPIs) pursuant to Section 26 of the Investment Intermediaries Act, 1995”; and another register for those authorised by the Central Bank since July 2001, titled “Register of Investment Business Firms authorised under Section 10 of the Investment intermediaries Act 1995”. They are generally updated every 2 weeks or more frequently, where required.
I have been advised by the Central bank that there is no legacy register for investment intermediaries.
http://registers.centralbank.ie/DownloadsPage.aspx
262. Deputy Catherine Murphy asked the Minister for Finance the arrangements in place for the public to consult the mortgage intermediaries register; the location in which the register is kept; the regularity with which it is updated; if a legacy register exists; if so, when it dates from; if a review of the working of the register is being considered; if so, the aspects; and if he will make a statement on the matter. [52283/21]
Amharc ar fhreagraThe Central Bank has advised that the public can consult the mortgage intermediaries register by viewing it on the Central Bank of Ireland’s website under its Register of Firms section (http://registers.centralbank.ie/?utm_medium=website&utm_source=CBI-footer&utm_content=43731). The relevant registers are 'Register of Mortgage Intermediaries' and 'Register of Mortgage Credit Intermediaries'. The Central Bank further advises that these registers are generally updated every two weeks, or more frequently where required. There is no legacy register for mortgage intermediaries. The Central Bank has also advised that there is no specific review underway or currently proposed in respect of the working of the register.
263. Deputy Róisín Shortall asked the Minister for Finance the analysis and total estimated Exchequer costing that has been carried out on the employment and investment incentive scheme including in relation to the income profile of persons availing of the relief; the number of jobs created or supported by the qualifying companies; the estimated deadweight loss; his views on whether the amount might be better invested in direct relief or grants to SMEs rather than by way of tax relief to individual and institutional investors; and if he will make a statement on the matter. [52380/21]
Amharc ar fhreagraIn 2018, the most recent year for which data are available, the Exchequer cost of the Employment Investment Incentive (EII) was €14.5m and 1,137 persons availed of the relief. The €14.5m cost represents less than half the equivalent cost figure for 2016 (€31.7m).
Revenue has advised me that it is not possible to identify the number of additional jobs created or supported by the EII.
A statistical report on the Employment and Investment Incentive (EII) is available on the Revenue website at link:
www.revenue.ie/en/corporate/information-about-revenue/statistics/tax-expenditures/eii. aspx
In addition, annual cost and user statistics can be found at the following link:
www.revenue.ie/en/corporate/information-about-revenue/statistics/tax-expenditures/eii. aspx
In relation to value for money, and as the Deputy may be aware, in 2018 I commissioned Indecon Economic Consultants to carry out a review which included an examination of the impact and cost effectiveness of EII (including the possibility of deadweight). The report is available at the following link:
www.gov.ie/en/publication/10b64f-indecon-evaluation-of-eii-and-sure/ .
The review noted that reliefs such as this are available in many of our competitor jurisdictions. It also found strong overall growth in employment of firms who received EII. It also concluded that the EII "should continue to be provided in order to facilitate funding for Irish based SMEs and start-ups".
Finally, I should point out that as an income tax based measure, EII relief is only available to individuals liable for income tax and not to institutional investors. This position will not change under the modifications to the scheme that I am introducing in Finance Bill 2021.
264. Deputy Rose Conway-Walsh asked the Minister for Finance his plans to review the ceiling for house purchases under the help-to-to buy scheme at €500,000; and if he will make a statement on the matter. [52384/21]
Amharc ar fhreagraAs the Deputy will be aware, in my recent Budget speech, I indicated that Finance Bill 2021 would include a provision extending the Help to Buy scheme for one further year to the end of 2022 and that the scheme will be formally reviewed in the course of 2022.
My intention is that the review will be fundamental in nature and, as such, it is likely to encompass all aspects of the scheme.
267. Deputy Thomas Pringle asked the Minister for Finance if his Department has carried out a review on the impact the regulatory environment has had on recruitment and retention of voluntary board members to credit unions; and if he will make a statement on the matter. [52472/21]
Amharc ar fhreagraThe appointment if a Credit Union Advisory Committee (CUAC) is a statutory requirement under section 180 of the Credit Union Act 1997.
Under the Minister’s guidance to examine the “people” aspect off the sector, the CUAC chose to prioritise undertaking research with Directors during 2019. This research had a number of purposes: primarily to understand the issues and challenges facing Directors and to explore their role in the context of the current governance structure, operating framework and the broader environment that credit unions conduct business in. Furthermore it was designed to provide a better understanding and obtain a more detailed profile of credit union boards thereby helping to inform policy decisions in relation to boards and directors. In February 2020 “A Report On Research Into Credit Union Directors” was published.
In regards to the recruitment and retention of directors, while noting a number of issues the report also highlights that the sector has been successful in attracting new directors. 71% of survey respondents to the report having been appointed director since 2013. 924 directors responded to an online survey and 36 directors participated in a number of focus groups as part of the research.
The CUAC continues to actively consider the issues of recruitment and retention in regards to directors.
The Department of Finance has also engaged extensively with the credit union representative bodies and CUAC as part of its Programme for Government Review of Policy Framework of Credit Unions and this Review is at an advanced stage.
268. Deputy Eoin Ó Broin asked the Minister for Finance the investments in bioenergy companies through the ISIF; the investments that are held in companies (details supplied); and if there are plans to divest from them. [52505/21]
Amharc ar fhreagraThe NTMA have informed me that ISIF has a commitment in Shamrock Renewable Products Limited (a manufacturer of sustainable heating fuel products). ISIF has no current investments in Drax and/or Albioma.
269. Deputy David Stanton asked the Minister for Finance the number of persons and companies availing of the tax saver commuter ticket scheme; the amount saved by employees and employers, respectively on the scheme in each of the years 2016 to 2020; and if he will make a statement on the matter. [52628/21]
Amharc ar fhreagraSection 118(5A) of the Taxes Consolidation Act 1997 exempts employees and directors from benefit-in-kind taxation where an expense has been incurred by an employer on the provision of a monthly or annual bus, rail or ferry travel pass for the employee or director. Section 118B provides that the exemption may also apply to bus, rail or ferry travel passes obtained under a salary sacrifice arrangement.
There is no specific notification procedure for the employers involved, nor for the directors or employees, nor for the transport providers. Notification is not required so as to keep the scheme administratively simple and to encourage employers to participate. Accordingly, the Revenue Commissioners do not have statistics on the uptake of the scheme and therefore I cannot give the Deputy any detailed costs or breakdown of its impact.
The Report on Tax Expenditures published as part of the Budget 2022 documentation provides estimates for the cost of the scheme at €7 million (2020) and that it is utilised by 60,000 annually. The report is available on the Government website under publications > Budget 2022 > Taxation measures> Report on Tax Expenditures 2021. I should point out that this reflects the impact of Covid and working from home and the estimate for 2019 was €27 million.
270. Deputy Chris Andrews asked the Minister for Finance if he will engage with NAMA on the issue of NAMA transferring its interest in the glass bottle site, Ringsend to Dublin City Council in order to provide the 600 social and affordable homes that were committed to; and if he will make a statement on the matter. [52635/21]
Amharc ar fhreagraThe Poolbeg West SDZ Planning Scheme includes a requirement for 25% of the residential units delivered in the SDZ to be reserved for social and affordable housing, comprising 10% Part V social housing and 15% affordable housing. The former glass bottle site located in the SDZ has the potential to provide up to 3,800 residential units (including 25% social and affordable homes) and approximately 1 million sq. ft. of commercial development, as well as educational facilities, public open spaces, civic spaces and other community amenities.
I am advised that there is a planning application currently under consideration by Dublin City Council for the first 600 residential homes at the former glass bottle site. This application includes a provision for 90 affordable homes and 62 social homes – the requisite 25% as required by An Bord Pleanála’s grant of planning condition. Planning applications for later phases of residential development will also be required to provide for 25% social and affordable homes per the Planning Scheme. In total, it is expected that 950 social and affordable homes will be delivered on the site.
In June 2021 following a comprehensive international open market campaign, a consortium of Ronan Group Real Estate, Oaktree Capital Management, and Lioncor Developments (“the Consortium”) acquired a controlling 80% shareholding in the company which owns the glass bottle site for €200m. NAMA maintains a 20% minority interest. The development of the site) will be undertaken by the Consortium.
I highlight for the Deputy that NAMA is progressing its objective of facilitating the development of the former glass bottle site, including the delivery of the social and affordable homes, to achieve the maximum return to the taxpayer. I am satisfied that NAMA has the requisite resources, skill and experience to progress the development at this time. The transfer of NAMA’s 20% shareholding to a suitable State body is a matter that I may have to consider in conjunction with NAMA as the Agency winds down in 2025.
271. Deputy Catherine Murphy asked the Minister for Finance the Revenue Commissioners’ position regarding its decision to relax tax residency regulations for the duration of the Covid-19 pandemic (details supplied); if this position prevails; and if so, the date on which he proposes to end this practice. [52640/21]
Amharc ar fhreagraI assume that the Deputy’s Question relates to the guidance published by Revenue in respect of the application of Irish tax residency rules during the COVID-19 pandemic.
I am advised by Revenue that an individual’s tax residence depends on the number of days they are present in Ireland during a tax year. Under section 819 of the Taxes Consolidation Act 1997, an individual is considered resident in Ireland for tax purposes if they are present in Ireland for a total of:
- 183 days or more in a tax year; or
- 280 days or more in a tax year and the preceding tax year when taken together, with a minimum of 30 days in each of these years.
A ‘day’ for Irish tax residence purposes is any full or part-day that an individual spends in the State.
Since 2009, certain days of presence in the State will be disregarded in practice by Revenue under what are known as ‘force majeure’ circumstances. This applies where an individual is prevented from leaving the State on their intended day of departure because of extraordinary natural occurrences (for example, sudden and adverse weather conditions) or an exceptional third party failure or action (for example, the breakdown of an aircraft or a labour strike), none of which could reasonably have been foreseen and avoided. In such cases, the individual will not be regarded as being present in the State for tax residence purposes for the day after the intended day of departure provided the individual is unavoidably present in the State on that day due only to ‘force majeure’ circumstances. This concession is granted by way of Revenue practice and it is not set out in legislation.
On 23 March 2020, Revenue updated the existing guidance on ‘force majeure’ circumstances as it pertained to the residence rules for individuals. This formed part of Revenue’s immediate response to the severe and unprecedented situation facing individuals as a result of the COVID-19 pandemic. In the updated guidance, Revenue confirmed that where a departure from the State was prevented due to COVID-19, this will be considered a ‘force majeure’ circumstance for the purpose of establishing an individual's tax residence position.
Having regard to the unanticipated length of the pandemic, Revenue considered it appropriate to issue further guidance on the application of the concession, in particular the circumstances that Revenue may regard as falling within the scope of this concession. This further guidance was published on 21 December 2020 and it stated that, assuming all other conditions were satisfied, any individual was considered to have his or her departure from the State prevented due to COVID-19 in the following circumstances:
- That individual had COVID-19 or a family member or partner with whom they are travelling with has COVID-19,
- That individual being quarantined or self-isolating in a particular location due to suspected COVID-19,
- That individual self-isolating whether on advice from a health professional or public health guidance or self-imposed,
- That individual had received medical advice not to travel,
- An employer requested that individual not to travel,
- Border controls or entry restrictions in a home country of that individual,
- The non-availability of commercial flights.
The maximum length of time in respect of the 2020 tax year that may be disregarded (which must be consecutive days) for residence purposes due to COVID-19 under ‘force majeure’ depended on whether the individual:
1. Was present in the State on or prior to 23 March 2020, or
2. Travelled to the State between 24 March 2020 and 5 May 2020.
If an individual was present in the State on or prior to 23 March 2020, then the period from the day after the original planned departure date up until 18 May 2020, or the actual departure date if earlier, may be disregarded for the purpose of determining his or her residence.
If an individual travelled to the State between 24 March and 5 May 2020, then the period from the day after the original planned departure date up until 18 May 2020, or the actual departure date if earlier, may be disregarded for the purposes of determining his or her residence. This is subject to a maximum of 30 days permitted, except in the case of an individual whose departure is prevented due to him or her having a confirmed COVID-19 diagnosis.
In addition, it is mandatory that the individual must have left the State as soon as he or she reasonably could and, the departure must have occurred on or by 1 June 2020. Where a departure did not occur by 1 June 2020, then ‘force majeure’ will not apply to any of the days. The only exception to this is where the individual contracted COVID-19 and was not in a position to leave the State on or by this date on health grounds. In such cases, notwithstanding the fact a departure has not occurred on or by 1 June 2020, force majeure may still apply in respect of the period to 18 May 2020.
Where an individual had more than one trip to the State during the period up to 5 May 2020, only days relating to the first trip may be permitted to be considered for the COVID-19 ‘force majeure’ concession. Any days relating to a second or subsequent trip do not qualify for relief under the concession.
The specific COVID-19 related ‘force majeure’ concession seeks to give relief to individuals who, except for the unique, exceptional and unprecedented disruption caused by the COVID-19 pandemic, would not have been considered resident in the State for tax purposes, but only in circumstances where the individual maintains his or her foreign tax residence position, for example he or she remains tax resident in his or her home country. All individuals seeking to rely on the concession must maintain an appropriate record of the supporting facts and circumstances, should this be required for verification by Revenue.
Regarding the current status of the extended ‘force majeure’ concession resulting from the COVID-19 pandemic, I am advised that it only applied in accordance with the specific dates outlined above. Individuals who travelled to the State on or after 6 May 2020 will not be in a position to avail of the ‘force majeure’ concession as any subsequent departure will not be considered to have been prevented due to COVID-19. As such, the concession no longer operates.
Further information can be found at the links below:
-www.revenue.ie/en/covid-19-information/employer-reporting-and-filing-obligations/temporary-concessionary-measures-2020-only/residence-rules.aspx.
- Provisions Relating to Residence of Individual: www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-34/34-00-01.pdf.
272. Deputy Brendan Griffin asked the Minister for Finance his future plans for the section 481 5% regional film making tax credit; and if he will make a statement on the matter. [52742/21]
Amharc ar fhreagraSection 481 provides relief in the form of a corporation tax credit related to the cost of production of certain films. The scheme is intended to act as a stimulus to the creation of an indigenous film industry in the State, creating quality employment opportunities and supporting the expression of the Irish culture.
Finance Act 2018 introduced an additional, short-term, tapered regional uplift for productions being made in areas designated under the State aid regional guidelines. The purpose of the regional uplift is to support the development of new, local pools of talent in areas outside the current main production hubs, to support the geographic spread of the audio-visual sector.
The uplift originally provided an increased level of credit for four years, with 5% available in years 1 and 2 (2019 and 2020), 3% available in year 3 (2021), 2% available in year 4 (2022). However in recognition of the detrimental impact the COVID-19 crisis had on the audio-visual sector Finance Act 2020 amended the regional uplift to provide for an additional 5% year in 2021, in effect to replace the incentive year lost as a result of the Covid-related public health measures. The tapered withdrawal of the uplift then restarts, reducing to 3% in 2022, 2% in 2023, and Nil thereafter.
There are currently no plans to extend the availability of the regional uplift at the rate of 5%. I would highlight that the main film tax credit will remain available to qualifying productions in all areas of the country following the winding-down of the uplift.
273. Deputy Bernard J. Durkan asked the Minister for Finance the procedures that can be followed by house sellers attempting to sell a property (details supplied) and in respect of which potential homeowners have been refused flood insurance due to its proximity to the river Liffey despite the fact that the house has not flooded once in two decades of ownership; and if he will make a statement on the matter. [52780/21]
Amharc ar fhreagraAs Minister for Finance, I am responsible for the development of the legal framework governing financial services regulation, including for the insurance sector. I am conscious of the difficulties that the absence or withdrawal of flood insurance cover can cause to homeowners and businesses. The Deputy should be aware that the provision of cover is a commercial matter for insurance companies based on an assessment of the risks they are willing to accept. Consequently, neither I nor the Central Bank of Ireland can interfere in the provision or pricing of insurance products, as reinforced by the EU framework for insurance (Solvency II Directive).
At a general level, it is my understanding that firms examine the claims history of the individual risk, along with the risk of flooding in the area and consider any flood protection measures when deciding what underwriting action to pursue. The Deputy will appreciate that I am not in a position to comment on procedures regarding house sales. However in the event that an insurance undertaking refuses to quote a consumer for property insurance, it should be noted that under the Central Bank of Ireland’s Consumer Protection Code, the insurance undertaking must within five business days of the refusal, inform the consumer of its refusal and its reasons for declining cover.
It may interest the individual involved to know that Insurance Ireland, the representative body for insurance providers in this country, operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to obtaining insurance cover. This can be accessed at feedback@insuranceireland.eu. Brokers Ireland can be contacted at 01-6613067. In addition, where somebody feels they have been treated unfairly by a particular insurance provider, they have the option of making a complaint to the Financial Services and Pensions Ombudsman (FSPO). The FSPO can be contacted either by email at info@fspo.ie or by telephone at 01-5677000.
Finally, the Deputy should be assured that Minister of State Fleming and I will also continue to engage on all aspects of insurance reform, including flood insurance issues, and that every effort is being made to encourage a responsive approach from the insurance industry.
274. Deputy Noel Grealish asked the Minister for Finance the estimated timeline for drafting the insurance (miscellaneous provisions) Bill now that it has been approved by Government; if the title of the Bill will remain the same; the issues to be covered in the proposed legislation; and if he will make a statement on the matter. [52781/21]
Amharc ar fhreagraThe Government recently approved the General Scheme of the Insurance (Miscellaneous Provisions) Bill for priority drafting. Subsequently Minister of State, Deputy Fleming wrote to the Chair of the Committee on Finance, Public Expenditure and Reform and the Taoiseach, in relation to pre-legislative scrutiny. Once these elements have been completed, the Bill will be published and will then be considered by the Oireachtas. While no changes to the title or provisions of the Bill are currently planned, the Deputy will appreciate, the General Scheme may be subject to technical changes arising from further advice of the Attorney General.
The Bill addresses a number of insurance-related matters that have arisen since the Action Plan for Insurance Reform was published last December. Chief among these is the practice seen during the pandemic whereby some insurers deducted Government payments from COVID-19-related claims settlements. The Bill aims to ensure that Government is well-equipped to address this practice in future by enabling the Central Bank to collect data on such deductions through the National Claims Information Database. The Bill will also ensure that in future policyholders are fully aware of such practices, by requiring insurers to inform consumers of any State supports deducted from claims payments. These measures will enhance transparency around this issue, helping both Government and policyholders to make informed decisions.
Secondly, the Bill aims to support the work of the Central Bank to address price walking, a de facto “loyalty penalty”, following its Review of Differential Pricing in the Private Car and Home Insurance Markets . To this end, it will require the Central Bank to report to the Minister for Finance about any steps taken to address price walking. This will ensure timely oversight of any action taken in this area, such as the bank’s proposal to ban price walking, making Ireland one of the first countries in the world to ban this practice.
Thirdly, the Bill provides for technical amendments to the Consumer Insurance Contracts Act 2019 to clarify certain issues that arose following the initial enactment of this legislation. Finally, it amends the legislation underpinning the Temporary Run-off Regime for UK and Gibraltar-based insurers, established following the UK’s withdrawal from the EU. This will rectify technical issues with the scheme that have been identified by the Central Bank. These amendments will ensure that existing legislation can operate effectively and without unintended consequences.
In conclusion, while the length of the parliamentary process is subject to several factors, it is my hope that the Bill can be considered in a timely manner in the interests of consumers. I believe this Bill is an important piece of legislation which will further advance the Government’s insurance reform agenda. I look forward to working with colleagues and stakeholders to progress it over the coming months.
275. Deputy Patricia Ryan asked the Minister for Finance the number of acres owned by the National Asset Management Agency at each location in County Kildare in tabular form; if any of this land can be made available for public housing; and if he will make a statement on the matter. [52801/21]
Amharc ar fhreagraAs the Deputy may be aware, NAMA does not own land in Kildare, rather NAMA acquired loans for which land and other properties act as security. The secured properties are owned and controlled by their registered owners, or appointed receivers, in the event of enforcement.
Sections 99 and 202 of the NAMA Act prohibit NAMA from disclosing confidential debtor information, including the specific location of assets owned by NAMA’s debtors in County Kildare. However, I am advised that NAMA’s debtors and receivers control approximately 37 hectares of residential zoned land in Kildare and a further 45 hectares of land which is not zoned residential. These lands are regularly assessed by NAMA for their suitability for residential development and where future development is deemed commercially viable, I am advised that NAMA provides funding for planning and enabling works.
I am advised that NAMA continuously reviews the assets of its debtors and receivers to establish if vacant and available residential properties securing their loans could potentially be made available for social housing. To end-September 2021, NAMA had delivered 235 residential units for social housing in Kildare. In addition, NAMA has facilitated the sale of lands to Kildare County Council for housing projects.
The Deputy will be aware that NAMA has a commercial mandate and is required under its legislation to achieve the best possible value for its assets. Furthermore, NAMA’s debtors have the right to maximise the sales value of properties securing their loans so as to enable them to maximise their debt repayments. Therefore, NAMA cannot require a debtor to take action which would reduce his/her repayment capacity, such as providing property for social housing where this is not economically optimal.
276. Deputy Catherine Murphy asked the Minister for Finance if his attention or that of his predecessors was drawn to any conflict of interests and or perceived conflicts of interest within the shareholding and financial advisory division of his Department in the past ten years to date in the context of section 14 of the code of conduct for civil servants; and if he will outline the steps taken by them in order to comply with the code of conduct. [52817/21]
Amharc ar fhreagra278. Deputy Catherine Murphy asked the Minister for Finance the procedure that he followed in respect of his officials and or that of their spouse’s shareholdings in a company (details supplied) in the context of his stake in a bank and its acquisition of the company to ensure it did not give rise to the perception that there was a conflict of interest in the transaction. [52819/21]
Amharc ar fhreagraI propose to take Questions Nos. 276 and 278 together.
The Deputy will be aware of the requirements of standards and behaviour across the Civil Service in relation to the matters raised in her questions. I can confirm for the Deputy that comprehensive processes have been implemented in my own Department to promulgate these standards and behaviour which include:
All staff of the Department have signed up to the Civil Service Code of Standards and Behaviour (the Code), a process overseen by the HR Unit as part of induction in the Department. In line with section 15 of this Code, all staff who occupy positions which are "designated positions" for purposes of the Ethics in Public Office Acts 1995 and 2001 (the Ethics Acts) have certain additional statutory obligations in relation to disclosure of interests. In the Department, “designated positions” are HEO/AO and above.
The Guidelines on Compliance with the Provisions of the Ethics in Public Office Acts 1995 and 2001 for Public Servants provide details on obligations for staff under the Ethics Act. Under the Ethics Act Requirements, there are two key obligations which apply to all staff:
(a) annual statements of interests, (which refer to potential conflicts of interests and are required to be completed and furnished by 31 January of the following year);
This process is overseen by the Department’s Compliance Officer. There is a declaration on the annual statement of interest form stating that the signing officer is aware of the obligation to disclose a material interest in an official function, which is b) below.
(b) statements of a ‘material interest’ (which can arise at any time and refer to an actual conflict of interest).
Any declaration of material interest is to the Secretary General for consideration, where applicable.
The Department issues a mid-year reminder to all staff with regard to their obligations.
In relation to your specific question in relation to Section 14 of the Code, all staff of each grade adhere to declaring conflicts of interest as per the Code, but those of grades HEO/AO have that further obligation at a) and b) in line with the ethics act.
Finally, with reference to your question on a spouse’s shareholding in a company, civil servants’ considerations to family members are covered in the Code and I would draw your attention to Section 14.2 in particular in this regard.
