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Gnáthamharc

Wednesday, 16 Nov 2022

Written Answers Nos. 54-75

EU Data

Ceisteanna (54)

Richard O'Donoghue

Ceist:

54. Deputy Richard O'Donoghue asked the Tánaiste and Minister for Enterprise, Trade and Employment the total financial amount on both a daily and yearly basis, of EU fines being paid by his Department in 2022; if he will provide the corresponding figures for 2020 and 2021, including the specifics of each case in his Department. [56781/22]

Amharc ar fhreagra

Freagraí scríofa

My Department has not incurred EU fines in the years 2020 to 2022.

Job Losses

Ceisteanna (55)

Catherine Murphy

Ceist:

55. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment if he has been contacted or engaged by a company (details supplied) in respect of job losses at the company; if so, the nature of those discussions; and if he is satisfied that the company has complied with communication protocols in respect of redundancies [56811/22]

Amharc ar fhreagra

Freagraí scríofa

Section 12 of the Protection of Employment Act 1977 provides that employers proposing a collective redundancy must notify the Minister for Enterprise, Trade and Employment of the proposed collective redundancy. 

Information on collective redundancy notifications does not reflect the total number of actual redundancies that take place across the workforce. Collective redundancies arise where, during any period of 30 consecutive days, the employees being made redundant are:

- 5 employees where 21-49 are employed,

- 10 employees where 50-99 are employed,

- 10% of the employees where 100-299 are employed,

- 30 employees where 300 or more are employed. 

Other redundancies outside of these parameters are not required to be notified to the Minister. Also, not all proposed redundancies result in actual redundancies, as employers negotiate with their workforce to restructure the business and find alternative solutions during the 30-day consultation period.

As of 15 November 2022, no collective redundancy notification was received in relation to potential redundancies at the company referred to. My Department and IDA Ireland are continuing engagement with the company on their future plans.

Job Losses

Ceisteanna (56)

Catherine Murphy

Ceist:

56. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment if he has been contacted or engaged by a company (details supplied) in respect of job losses at the company; if so, the nature of those discussions; and if he is satisfied that the company has complied with communication protocols in respect of redundancies. [56812/22]

Amharc ar fhreagra

Freagraí scríofa

Section 12 of the Protection of Employment Act 1977 provides that employers proposing a collective redundancy must notify the Minister for Enterprise, Trade and Employment of the proposed collective redundancy. 

Information on collective redundancy notifications does not reflect the total number of actual redundancies that take place across the workforce. Collective redundancies arise where, during any period of 30 consecutive days, the employees being made redundant are:

- 5 employees where 21-49 are employed,

- 10 employees where 50-99 are employed,

- 10% of the employees where 100-299 are employed,

- 30 employees where 300 or more are employed.

Other redundancies outside of these parameters are not required to be notified to the Minister. Also, not all proposed redundancies result in actual redundancies, as employers negotiate with their workforce to restructure the business and find alternative solutions during the 30-day consultation period.

On 9 November 2022, notification was received detailing proposed collective redundancies from the company referenced, in accordance with the Protection of Employment Act 1977, as amended.

The notification confirms that the company is undertaking the collective redundancy consultation process required under the Act with the representatives of employees whose roles are at risk of redundancy.

Officials in my Department and IDA Ireland were in contact with the company’s officials on Wednesday 9th of November and IDA officials are in continued contact with the company on proposed redundancies in Ireland.

Departmental Meetings

Ceisteanna (57)

Violet-Anne Wynne

Ceist:

57. Deputy Violet-Anne Wynne asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of times that he has visited County Clare since the Government took office; and the locations that he visited in tabular form; and if he will make a statement on the matter. [57021/22]

Amharc ar fhreagra

Freagraí scríofa

Since my appointment as Tánaiste and Minister for Enterprise, Trade and Employment in 2020 I have visited County Clare on two occasions.

On 22 October 2021 I launched the Ennis 2040 Economic and Spatial Strategy in Ennis.

On 15 July 2022 I visited the Future Mobility Campus at Shannon, Co Clare and Ardnacrusha Power Station in Ardnacrusha, Co. Clare.

Departmental Schemes

Ceisteanna (58)

Pádraig O'Sullivan

Ceist:

58. Deputy Pádraig O'Sullivan asked the Minister for the Environment, Climate and Communications the way that the energy credit will be paid to consumers who have more than one pre-paid metre under the same MPRN; if each consumer will receive the full €600; and if he will make a statement on the matter. [56822/22]

Amharc ar fhreagra

Freagraí scríofa

Government is acutely aware of the impact that the recent increases in global energy prices is having on households. This is why a €2.4 billion package of supports was implemented during 2022, and a package of once off measures worth €2.5 billion included in Budget 2023. The Budget package includes a new Electricity Cost Emergency Benefit Scheme through which €550.47 (exclusive of VAT) will be credited to each domestic electricity account in three payments of €183.49 (exclusive of VAT) in each of the following billing periods - November/December 2022, January/February 2023 and March/April 2023. The estimated cost of this scheme is €1.211 billion and will be provided to my Department through a Supplementary Estimate. The payment will be applied to domestic electricity accounts, including those with Pay As You Go meters, which are subject to distribution use of system charges at the rate for urban domestic customers (DG1) or the rate for rural domestic customers (DG2). The scheme uses the single identifier of the Meter Point Registration Number (MPRN) to ensure it can be administered automatically and without an application/approval process. This mechanism allowed payments to be made automatically to 2,138,939 domestic electricity accounts, over 99.36% of eligible accounts, under the first scheme which operated between April and June of this year. While the majority of residential tenants will hold their own domestic electricity accounts, and therefore receive the credit directly, others could have tenancy agreements where tenants pay their actual share of each bill and, in those cases, will benefit from the payment because the amount of the bill will be reduced by the amount of the payment. A small proportion could have other arrangements in place whereby electricity costs are part of the rental cost. Where tenants have a dispute relating to tenancies including any terms relating to electricity payments, these can be referred to the Residential Tenancies Board (RTB) for dispute resolution. As there is not data set identifying this cohort, increasing awareness of entitlements of existing social protection measures, which include provision for help with household bills, is an important way of supporting people in this situation. Along with the Electricity Cost Emergency Benefit Scheme Budget 2023 also introduced measures including: - €400 lump sum payment to Fuel Allowance recipients

- €200 lump sum payment for pensioners and people with a disability getting the Living Alone Increase

- €500 cost of living lump sum payment to all families getting Working Family Payment

- double payment of Child Benefit to support all families with children

- €500 cost of living payment for people receiving Carer's Support Grant will be paid in November

- €500 lump sum cost of living disability support grant will be paid to all people receiving a long term disability payment The CRU has a dedicated email address for Deputies to contact them oireachtas@cru.ie for timely replies.

EU Data

Ceisteanna (59)

Richard O'Donoghue

Ceist:

59. Deputy Richard O'Donoghue asked the Minister for the Environment, Climate and Communications the total financial amount on both a daily and yearly basis, of EU fines being paid by his Department in 2022; if he will provide the corresponding figures for 2020 and 2021, including the specifics of each case in his Department. [56781/22]

Amharc ar fhreagra

Freagraí scríofa

My Department has not paid any EU fines in the years 2020, 2021 or 2022.

Electricity Grid

Ceisteanna (60)

Paul Murphy

Ceist:

60. Deputy Paul Murphy asked the Minister for the Environment, Climate and Communications if there is "no additional charge" to the consumer for the smart meter programme; if ESB Networks has absorbed this expense and received Government sponsorship from the Exchequer to this full and part amount; and if not, if it has passed this cost onto the energy providers. [56774/22]

Amharc ar fhreagra

Freagraí scríofa

The following reply was received on 23 January 2023.

The National Smart Metering Programme is overseen by the Commission for the Regulation of Utilities (CRU) and ESB Networks (ESBN) are tasked with the delivery of the roll out programme, which involves upgrading all of Ireland’s electricity meters to smart meters. To date over 1 million smart meters have been installed out of a total of 2.4 million to be replaced by the end of 2024.

Smart meters play a crucial role in supporting Ireland's transition to a low carbon future by enabling the development of smart grids and allowing consumers to monitor and accordingly adjust their electricity consumption throughout the day. This will not only empower consumers to reduce their overall electricity consumption and shift some consumption to times of the day when electricity is cheaper, but also can ease the pressure on our national grid by helping to manage peaks and troughs in demand.

There is no specific additional charge for individual consumers to upgrade their meter to a smart meter. However, like other meter upgrades, the overall cost of the programme (estimated to be approximately €1.2bn) is included as part of the Distribution Use of System (DUoS) tariff charged by ESBN to connected customers for use of the electricity network.

The CRU has also completed an extensive analysis of the smart meter programme and are satisfied that this investment represents value for money. The CRU also monitors the performance of ESBN with regard to the deployment of smart meters, smart meter functionality and customer satisfaction.

The Deputy may wish to note that CRU provides a dedicated email address for Oireachtas members, which enables them raise questions on general energy regulatory matters to CRU at oireachtas@cru.ie for timely direct reply.

Energy Policy

Ceisteanna (61)

Bríd Smith

Ceist:

61. Deputy Bríd Smith asked the Minister for the Environment, Climate and Communications further to Parliamentary Question Nos. 152 and 154 of 1 March 2022, when the SEAI will provide the information requested; and if he will make a statement on the matter. [56816/22]

Amharc ar fhreagra

Freagraí scríofa

I understand the Sustainable Energy Authority of Ireland (SEAI) replied by email to the Deputy on 12th April 2022 and a copy of the reply will be re-sent, for ease of reference.

Energy Policy

Ceisteanna (62)

Bríd Smith

Ceist:

62. Deputy Bríd Smith asked the Minister for the Environment, Climate and Communications if he or the SEAI have any plans to review the rules in relation to access to energy efficiency grants and schemes for persons in homes who may have received some supports previously but who are now looking to upgrade or improve their homes energy efficiency; if the SEAI will examine the way that currently the only avenue open to persons whose homes may have had any form of SEAI support previously is to use a system (details supplied) which may involve expenditure beyond the scope of many persons; and if he will make a statement on the matter. [56839/22]

Amharc ar fhreagra

Freagraí scríofa

Earlier this year, the Government launched a package of supports aimed at making it easier and more affordable for homeowners to undertake home energy upgrades, for warmer, healthier and more comfortable homes, with lower energy bills and lower emissions. The supports included a new National Home Energy Upgrade Scheme which offers increased grant levels of up to 50% of the cost of a typical B2 home energy upgrade with a heat pump. Under the SEAI home energy upgrade schemes, the general principle applies whereby grant funding can only be issued once per measure per property.

However, under the National Home Energy Upgrade Scheme, a homeowner may be permitted to avail of a second grant for a measure where it is recommended in the One Stop Shop Home Energy Assessment to achieve the B2 and heat pump target. In cases where the OSS determines through the Home Energy Assessment and Heat Loss Indicator assessment that a second wall insulation is required to meet the heat pump requirement, then grant support for a second measure is permitted as follows: 

- Internal Wall Insulation is eligible where cavity has previously been funded.

- External wall insulation is eligible where either cavity or internal wall insulation has been funded.

In addition, as part of the package of supports approved by Government, reforms have also been made to the Better Energy Warmer Homes Scheme whereby applications may now be accepted from qualifying homeowners who previously received supports under the Scheme, but who could still benefit from deeper upgrade measures (revisits). This means that homeowners of properties built and occupied before January 1993 and have a pre-works BER of E, F or G will not be precluded from applying for a second time for qualifying works not previously carried out on their properties. 

Further information on the grants available from SEAI can be found on their website: www.seai.ie/grants/home-energy-grants/insulation-grants/

Environmental Policy

Ceisteanna (63)

Neale Richmond

Ceist:

63. Deputy Neale Richmond asked the Minister for the Environment, Climate and Communications if he will consider introducing legislation to require solar panels built in car parks over a certain size, as has been done to increase solar panel usage in France; and if he will make a statement on the matter. [56890/22]

Amharc ar fhreagra

Awaiting reply from Department.

Energy Policy

Ceisteanna (64)

Paul McAuliffe

Ceist:

64. Deputy Paul McAuliffe asked the Minister for the Environment, Climate and Communications if he can provide assistance to former customers of a company (details supplied) which has left the Irish energy market without refunding their customers their credit; and if he will make a statement on the matter. [56929/22]

Amharc ar fhreagra

Freagraí scríofa

The Supplier of Last Resort (SoLR) process is managed by the Commission for Regulation of Utilities (CRU) as part of its responsibility for the regulation of the retail gas and electricity markets as assigned under the Electricity Regulation Act 1999 and subsequent legislation.The primary statutory objective of this process is to protect customers and to prevent any further potential impact on customers in the market place in the event that an electricity or gas supplier exits the market and ensure that customers’ electricity or gas supply is not interrupted. Under the process, all customers of exiting suppliers are transferred to thestandard tariff of the Supplier of Last Resort for electricity (Electric Ireland) or gas (BGE). I understand that the duration of the SoLR term is determined based on a number of factors including: the volume of customers transferring; the requirement of SoLR to purchase additional energy in the short-term on the wholesale market; and the allowance of adequate time to facilitate the registering of customers and issuing of bills.

Any credit or debit that was built up between a customer and a supplier willnotbe passed on to the SoLR as unfortunately, the SoLR does not have access to the customer’s old supplier’s billing system and is therefore unable to quantify this.

These debits or credits are a matter between the customer and the exiting supplier, and the exiting supplier may provide a refund. Affected customers can contact the CRU customer care team on customercare@cru.ie  or 1800 404 404.

The CRU is accountable directly to the Oireachtas. Furthermore, the CRU has a dedicated email address where Oireachtas members can contact them directly oireachtas@cru.ie.

 

Semi-State Bodies

Ceisteanna (65)

Seán Sherlock

Ceist:

65. Deputy Sean Sherlock asked the Minister for the Environment, Climate and Communications the engagement his officials have had regarding the current financial status of An Post, either directly with An Post representatives or with persons or entities such as ComReg, who have knowledge of the regulatory accounts and other such annual accounts of An Post. [56994/22]

Amharc ar fhreagra

Freagraí scríofa

My Department has responsibility for the postal sector, including the governance of An Post, to ensure that the company is fully compliant with the code of practice for the governance of State bodies and the governance functions included in the statutory framework underpinning An Post. While the management of company finances are a matter for the Board and Management of An Post,  I, as Shareholding Minister, am kept informed on developments and the company's capacity to deliver on its strategy. My officials have quarterly meetings with An Post and these meetings are also attended by officials from the Department of Finance, Department of Public Expenditure and Reform and NewERA. The finances of the company are a standing item on the agenda for the quarterly meetings.The company's finances are a key consideration in requests for Ministerial consent and my officials engage in detail with colleagues in the Departments of Finance and Public Expenditure and Reform and seek the advice of NewERA in all such matters.My officials also have regular meetings with ComReg in the context of ComReg’s role as regulator for the postal sector and the company's financial capacity to deliver on its regulated functions.

Fuel Sales

Ceisteanna (66)

Holly Cairns

Ceist:

66. Deputy Holly Cairns asked the Minister for the Environment, Climate and Communications if he will clarify that an individual will be permitted to sell turf, bought from another individual with turbary rights, in farmers’ markets under the new solid fuel regulations. [57013/22]

Amharc ar fhreagra

Freagraí scríofa

The new regulations on the sale of solid fuels for domestic heating in Ireland came into operation on 31 October 2022. They have introduced minimum standards that apply across all solid fuels, to ensure that the most polluting can no longer be made available on the Irish market and to assist the public in transitioning to less polluting alternatives.The regulations allow those with turbary rights to continue to cut turf for their own use and to gift or sell turf to others. While traditional, local and customary practices may continue, the regulations prohibit the sale of turf by way of the internet or other media, or from a retail premises, including shops, garages and filling stations, fuel yards, public houses and other public places including markets.

Departmental Meetings

Ceisteanna (67)

Violet-Anne Wynne

Ceist:

67. Deputy Violet-Anne Wynne asked the Minister for the Environment, Climate and Communications the number of times that he has visited County Clare since the Government took office; and the locations that he visited in tabular form; and if he will make a statement on the matter. [57022/22]

Amharc ar fhreagra

Freagraí scríofa

I have visited County Clare on two occasions in both my capacity as Minister for the Environment, Climate and Communications and Minister for Transport. Details of my visits are set out in the table below:

Dates

Locations

11 February 2022

Gaelscoil Mhíchíl Cíosóg

Ennis Public Relam Works

Cloughleigh Retrofit

Clare County Council Offices

Future Mobility Campus Ireland, Shannon

3 November 2022

The New Killaloe Bypass, Shannon Bridge Crossing

Ardnacrusha Power Station

4 November 2022

Moneypoint Power Station

Road Tolls

Ceisteanna (68, 70)

Aodhán Ó Ríordáin

Ceist:

68. Deputy Aodhán Ó Ríordáin asked the Minister for Transport the reason that Civil Defence vehicles and State vehicles have to pay tolls on some toll roads; if these vehicles can be added to the list of exempted vehicles for toll charges (details supplied); and if he will make a statement on the matter. [57003/22]

Amharc ar fhreagra

Aodhán Ó Ríordáin

Ceist:

70. Deputy Aodhán Ó Ríordáin asked the Minister for Transport the reason that Civil Defence vehicles (details supplied) as State vehicles have to pay tolls on some toll roads and if these vehicles will be added to the list of exempted vehicles for toll charges; and if he will make a statement on the matter. [57044/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 68 and 70 together.

As Minister for Transport I have responsibility for overall policy and funding in relation to the national roads programme. Under the Roads Acts 1993-2015, the operation and management of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. Therefore, matters relating to the day to day operations regarding national roads, including toll roads and the establishment of a system of tolls, are within the remit of TII.  More specifically, the statutory power to levy tolls, to make toll bye-laws and to enter into agreements with private investors are vested in TII under Part V of the Roads Act 1993 (as amended).

With regard to the payment mechanism associated with toll operations, it is a contractual obligation which incorporates a traffic guarantee mechanism. Therefore, the contracts for the privately-operated toll schemes are commercial agreements between TII and the Public Private Partnership (PPP) concessionaires concerned.

Noting the above position, I have referred the question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.

A referred reply was forwarded to the Deputy under Standing Order 51

EU Data

Ceisteanna (69)

Richard O'Donoghue

Ceist:

69. Deputy Richard O'Donoghue asked the Minister for Transport the total financial amount on both a daily and yearly basis, of EU fines being paid by his Department in 2022; if he will provide the corresponding figures for 2020 and 2021, including the specifics of each case in his Department. [56781/22]

Amharc ar fhreagra

Freagraí scríofa

My Department has not paid any fines for non-transposition of EU Directives into Irish law during the years 2020, 2021, and to date in 2022.

An EU Coordination Unit within my Department is responsible for engaging with the EU Commission on issues relating to transposition of EU law where the Department of Transport has lead responsibility.  This Unit reports on a regular basis to the Management Board and Ministerial Management Board of the Department on matters related to EU legislation, including infringement cases initiated by the European Commission and transpositions of adopted Directives.

My Department continues to put in place the necessary measures to improve the transposition, implementation and enforcement of EU transport law in Ireland.

Question No. 70 answered with Question No. 68.

Tax Code

Ceisteanna (71, 76)

Thomas Gould

Ceist:

71. Deputy Thomas Gould asked the Minister for Finance the reason that biofuels are subject to a carbon tax. [56818/22]

Amharc ar fhreagra

Holly Cairns

Ceist:

76. Deputy Holly Cairns asked the Minister for Finance his views on ensuring that biofuels are exempted from carbon tax and excise duty. [57011/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 71 and 76 together.

Ireland’s taxation of fuel is governed by European Union law as set out in Directive 2003/96/EC, commonly known as the Energy Tax Directive (ETD). The ETD prescribes minimum tax rates for fuel with which all Member States must comply. There are three national legislative frameworks which provide for the charging of excise duty on different fuel types in the State. Firstly, ETD provisions in relation to liquid fuels used for motor or heating purposes are transposed into national law in Finance Act 1999. This law provides for the application of excise duty in the form of Mineral Oil Tax (MOT) to liquid fuels. It also provides for the application of MOT to natural gas used for propellant purposes, referred to as Mineral Oil Tax on Vehicle Gas (MOTVG). Secondly, Natural Gas Carbon Tax (NGCT) law, as set out in Finance Act 2010, provides for the taxation of natural gas used for non-propellant purposes. Finally, regarding solid fuel, the ETD mandates that coal be subject to taxation. Finance Act 2010 provides for Solid Fuel Carbon Tax (SFCT) to apply to coal and also to peat and peat products.

MOT is comprised of a non-carbon component and a carbon component with the carbon component being commonly referred to as carbon tax. The non-carbon component of MOT is often referred to as “excise”, “fuel excise”, “fuel tax” or “fuel duty” but it is important to note that both components are part of MOT which is an excise duty. NGCT and SFCT are also excise duties, but they are “pure” carbon taxes in that they do not comprise any non-carbon component. MOT, NGCT and SFCT rates are published on the Revenue website at www.revenue.ie/en/tax-professionals/tdm/excise/excise-duty-rates/energy-excise-duty-rates.pdf.

Under MOT law, the carbon component of MOT is fully relieved for liquid biofuels and biogas that are produced from biomass. Section 94 of finance Act 1999 defines biomass as the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste. Where a liquid biofuel, or a biogas, meets the criteria of being produced entirely from biomass, it is liable for the non-carbon component of MOT only, i.e. no carbon tax applies. With regard to blended fuels produced partially from biomass, the relief applies to the portion of fuel that meets the biofuel criteria set out in MOT legislation.

As already mentioned, biogas used for propellant purposes qualifies for relief from the MOT carbon component. Natural gas used for non-propellant purposes is subject to NGCT. However, biogas used in place of natural gas for non-propellant purposes falls outside the scope of NGCT meaning that it is not subject to fuel taxation, i.e. no carbon tax applies.

With regard to SFCT, a partial relief is available for biomass products. For the purposes of SFCT, biomass products are defined as any solid fuel product with a biomass content of 30 per cent or more. The rate of SFCT relief depends on the biomass proportion of the product and full details are published on the Revenue website at www.revenue.ie/en/companies-and-charities/excise-and-licences/energy-taxes/solid-fuel-carbon-tax/rate-of-tax.aspx

The biofuel reliefs and exclusions from MOT carbon tax, NGCT and SFCT are intended to promote a higher level of biofuel usage for motor and heating purposes and support Government’s commitment to incentivising more environmentally friendly alternatives to fossil fuels. The carbon tax reliefs and exclusions result in biofuels that are subject to SFCT being partially insulated from the ten-year trajectory of carbon tax increases which was introduced in Finance Act 2020. With regard to MOT and NGCT, biofuels are not impacted by the ten-year trajectory. This means that as annual carbon tax increases are implemented, the differential in tax costs between biofuels and fossil fuels will continue to widen, further incentivising the uptake of biofuels.

Business Supports

Ceisteanna (72)

Fergus O'Dowd

Ceist:

72. Deputy Fergus O'Dowd asked the Minister for Finance if any consideration has been given to allowing new businesses to access the temporary business energy support scheme given that they would be unable to show the 12-month energy price difference under the current criteria; and if he will make a statement on the matter. [56846/22]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that new businesses will be eligible for the Temporary Business Energy Support Scheme. It is accepted that, in some cases, a business may not have an electricity bill or gas bill for the reference period because the energy account or gas connection either did not exist at the time, or was not held by the business during the particular reference period. This may happen where a business is newly established, has acquired a new electricity account/ MPRN or gas connection/ GPRN, or has moved premises.

A deemed monthly reference unit price is to be made available by the Sustainable Energy Authority of Ireland (based on data provided by suppliers and the Commission for Regulation of Utilities) where a business does not have an electricity or gas bill for the reference period. This deemed reference unit price should be used as part of the calculations to determine eligibility for the scheme.

Banking Sector

Ceisteanna (73)

Réada Cronin

Ceist:

73. Deputy Réada Cronin asked the Minister for Finance if he will address a matter (details supplied) in relation to a refusal to accept a direct debit from a bank. [56796/22]

Amharc ar fhreagra

Freagraí scríofa

On 1 August 2014, the Single European Payment Area (SEPA) Regulation came into effect for all payment service providers (PSPs) and payment service users (PSUs) in the EU. Under the SEPA Regulation, it is illegal for PSPs and PSUs to refuse to accept any SEPA International Bank Account Number (IBAN) when making or receiving payments. The legislation governing these matters is contained in EU Regulation 260/2012 (the 'SEPA Regulation') and Statutory Instrument No. 132 of 2013 (‘the Irish SEPA Regulations’), which gave effect to the SEPA Regulation in Ireland.

In Ireland, there are two National Competent Authorities (NCA) for the purposes of ensuring compliance with the SEPA Regulation and the Irish SEPA Regulations. The Central Bank of Ireland is the NCA in the State except in cases involving consumers and traders (such as a utility provider), the Competition and Consumer Protection Commission (CCPC) is the competent authority.

It should be noted that the case outlined in this question falls under the remit of the CCPC.

However, the Central Bank has confirmed that the outright refusal to accept a SEPA IBAN for the purposes of establishing a direct debit in the EU is prohibited by Article 9(2) of the SEPA Regulation, which provides:

“A payee accepting a credit transfer or using a direct debit to collect funds from a payer holding a payment account located within the Union shall not specify the Member State in which that payment account is to be located, provided that the payment account is reachable in accordance with Article 3.”

The Central Bank takes the practice of IBAN discrimination very seriously as it undermines the objectives of the SEPA initiative by creating barriers to the smooth functioning of payments processing in the EU, which we believe can cause consumer detriment. Within its scope of competence, the Central Bank is responsible for monitoring compliance with the SEPA Regulation and taking all necessary measures to ensure compliance.

The Central Bank actively investigates and responds to all SEPA complaints that are directly reported to it, and which fall under its remit. Complaints can be made directly to the Central Bank’s Public Contacts Unit by email at enquiries@centralbank.ie, or by telephone on either 0818 681 681 or +353 (1) 224 5800.

Cases should as this involving consumers and traders should be reported to the CCPC on Lo-call 01 402 5555.

Insurance Industry

Ceisteanna (74)

Catherine Murphy

Ceist:

74. Deputy Catherine Murphy asked the Minister for Finance in the context of insurance reform if he will outline the steps that he has taken to ensure that persons that make a claim in respect of their stolen motor vehicle receive market value equivalent payments to cover their loss rather than the estimated value provided by the policy holder; and if his attention has been drawn to instances in which persons are at a loss due to the inflationary impact on the second-hand motor vehicle trade. [56931/22]

Amharc ar fhreagra

Freagraí scríofa

At the outset, it is important to note that neither I, nor the Central Bank of Ireland, can direct the pricing or provision of insurance products, as this is a commercial matter which individual companies assess on a case-by-case basis. This position is reinforced by the EU Single Market framework for insurance (the Solvency II Directive).

Ultimately, the conditions and factors that determine what a motor insurance policyholder will be entitled to claim from their insurance provider in the event an insured vehicle is stolen will be set out in the terms of the insurance policy contract. This is not a matter that I can get involved in, as contracts will differ between firms and it is the responsibility of a policyholder to familiarise themselves with these terms at the time of purchase.

My officials consulted Insurance Ireland on this matter and Insurance Ireland stated that it is difficult to comment on individual examples. Insurers have to comply with their obligations under the Consumer Protection Code (CPC). Point 7.15 of the CPC states “A regulated entity must ensure that any claim settlement offer made to a claimant is fair, taking into account all relevant factors, and represents the regulated entities best estimate of the claimants reasonable entitlement under the policy.” Insurers are obliged to process any claim in an efficient manner and if the policyholder is not happy with either the processing or outcome of a claim they can make a complaint following the established insurer complaints procedures and escalate to Financial Services and Pensions Ombudsman (FPSO) if necessary.

When considering claims for the total loss of a vehicle, insurers adhere to the principle of indemnity, whereby a person who has suffered a loss is restored, as far as possible, to the same financial position that he/she was in immediately prior to the loss, subject to any contractual limitations i.e. it is not possible to make a profit from an insurance policy.

It may be useful for the Deputy to know that Insurance Ireland operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to obtaining insurance cover, which can be accessed at feedback@insuranceireland.eu. 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 acts as an independent arbiter of disputes that 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.

Semi-State Bodies

Ceisteanna (75)

Seán Sherlock

Ceist:

75. Deputy Sean Sherlock asked the Minister for Finance the engagement his officials have had regarding the current financial status of An Post, either directly with An Post representatives or with persons or entities such as ComReg, who have knowledge of the regulatory accounts and other such annual accounts of An Post [56993/22]

Amharc ar fhreagra

Freagraí scríofa

My officials participate in quarterly meetings of an interdepartmental group, chaired by officials from the Department of the Environment, Climate and Communications, which also includes officials from the Department of Public Expenditure and Reform, NewERA and the CEO and senior management of An Post.

My officials have also met with the CFO of An Post in April and September this year in relation to the €30 million loan, which I provided to An Post in December 2017, in support of its restructuring plan. On foot of NewERA having been given a statutory role under the NTMA Acts in 2018 in advising Ministers my officials also engage with NewERA from time to time in relation to An Post.

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