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Thursday, 24 Nov 2022

Written Answers Nos. 165-173

Road Safety Authority

Ceisteanna (166)

Verona Murphy

Ceist:

166. Deputy Verona Murphy asked the Minister for Transport the number of court proceedings that the Road Safety Authority has taken against licensed haulage operators since its inception, in respect of infringements detected whilst carrying out either roadside or premises inspections; the number of these cases that have resulted in successful prosecutions; the number that have resulted in no prosecutions; the number of proceedings that were struck out of court on an annual basis since the inception of the RSA; and if he will make a statement on the matter. [58633/22]

Amharc ar fhreagra

Freagraí scríofa

The operation and oversight of commercial vehicle roadworthiness inspections at the roadside or at operator's premises is the statutory responsibility of the Road Safety Authority. I have therefore referred the Deputy’s question to the Authority for direct reply.

I would ask the Deputy to contact my office if a response has not been received within ten days.

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

Road Safety Authority

Ceisteanna (167)

Verona Murphy

Ceist:

167. Deputy Verona Murphy asked the Minister for Transport the estimated cost of legal fees associated with court proceedings brought against licensed haulage operators by the Road Safety Authority since its inception, taken in respect of infringements detected whilst carrying out either roadside or premises inspections; and if he will make a statement on the matter. [58634/22]

Amharc ar fhreagra

Freagraí scríofa

The operation and oversight of commercial vehicle roadworthiness inspections at the roadside or at operator's premises is the statutory responsibility of the Road Safety Authority. I have therefore referred the Deputy’s question to the Authority for direct reply.

I would ask the Deputy to contact my office if a response has not been received within ten days.

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

Road Tolls

Ceisteanna (168, 169)

Darren O'Rourke

Ceist:

168. Deputy Darren O'Rourke asked the Minister for Transport if he will provide a list of toll road contracts; the date that each contract was signed; the date that each contract expired in tabular form; and if he will make a statement on the matter. [58635/22]

Amharc ar fhreagra

Darren O'Rourke

Ceist:

169. Deputy Darren O'Rourke asked the Minister for Transport the estimated amount in compensation that each toll road operator would be entitled to (details supplied) in view of his remarks that toll operators would be entitled to compensation if toll charges did not increase in 2023; and if he will make a statement on the matter. [58636/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 168 and 169 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 in fact 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
Question No. 169 answered with Question No. 168.

Departmental Schemes

Ceisteanna (170, 172)

Michael McNamara

Ceist:

170. Deputy Michael McNamara asked the Minister for Finance if the new Disabled Drivers Medical Board of Appeal has been appointed following the resignation of the previous board; if his commitment that a comprehensive review of this scheme has taken place; if so, the outcome of that review; if he has expanded the criteria for qualification for this scheme; and if he will make a statement on the matter. [58484/22]

Amharc ar fhreagra

Michael Ring

Ceist:

172. Deputy Michael Ring asked the Minister for Finance the status of the review of the disabled drivers’ and disabled passengers' scheme in particular the criteria for the primary medical certificate; when the review will be complete; and if he will make a statement on the matter. [58518/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 170 and 172 together.

The Disabled Drivers and Disabled Passengers Scheme provides relief from Vehicle Registration Tax and VAT on an adapted car, as well as an exemption from motor tax and an annual fuel grant.

The Scheme is open to severely and permanently disabled persons as a driver or as a passenger and also to certain charitable organisations. In order to qualify for relief, the applicant must hold a Primary Medical Certificate issued by the relevant Senior Area Medical Officer (SAMO) or a Board Medical Certificate issued by the Disabled Driver Medical Board of Appeal. To qualify for a Primary Medical Certificate an applicant must be permanently and severely disabled, and satisfy at least one of the six medical criteria.

Efforts are on-going to establish a new DDMBA. Following the resignation of all members of the previous Disabled Drivers Medical Board of Appeal, effective from 30th November 2021, two Expression of Interest campaigns have been held, seeking suitable candidates for the Board. The Department of Health leads on all actions and tasks with respect to the Expression of Interest Campaigns. Department of Finance officials provide support to the Department of Health in this matter.

The first campaign closed on 29th April. As there were insufficient suitable candidates arising from the first campaign, a second round was issued with a closing date of 5th July 2022. From these, three suitable candidates have successfully completed Garda vetting. Five members are legislatively required for a functional Board with a quorum of three needed for any appeal hearing. Two other candidates have recently been interviewed and if nominated by the Minister for Health will undergo Garda vetting.

Once these processes have been completed for all candidates I will then be in a position to appoint any suitable Department of Health nominee to the Board. When the new Board is up and running, it will consider the best way of ensuring outstanding appeals are addressed as quickly as possible.

Requests for appeal hearings can be sent to the DDMBA secretary based in the National Rehabilitation Hospital. New appeal hearing dates will be issued once the new Board is in place. Assessments for the primary medical certificate, by the HSE, are continuing to take place.

Applicants deemed not to have met one of the six eligibility criteria required for a PMC can request another PMC assessment six months after an unsuccessful PMC assessment.

Additionally, I committed to a comprehensive review of the DDS to include a broader review of mobility supports. In order to achieve this objective, Minister O’Gorman agreed in September 2021 that the DDS review should be incorporated into the work of the National Disability Inclusion Strategy (NDIS) Transport Working Group (TWG).

The Working Group, under the Chairpersonship of Minister of State Anne Rabbitte, held a number of meetings across 2022 and is expected to hold its final meeting in early December. The Working Group will produce its report shortly afterwards.

As part of its engagement in this process, the Department of Finance established an information-gathering Criteria Sub-group (CSG) at the start of this year. Its membership comprised of former members of the DDMBA and Principal Medical Officers (PMOs) in the HSE. Its purpose was to capture their experiences, expertise and perspectives in relation to the practical operational and administrative challenges of the DDS, as well as to explore what alternative vehicular arrangements were available for those with mobility issues based on international experience. The CSG work led to the production of five papers and a technical annex, submitted to the Department of Children, Equality, Disability, Integration and Youth in July 2022.

The main conclusion of the CSG is that the DDS needs to be replaced with a fit for purpose, needs-based vehicular adaptation scheme in line with best international practice. Both I and my Department share this view.

In relation to the argument that the scope of the DDS should be broadened, I do not believe this is either feasible or credible as any change or expansion of eligibility criteria for the DDS will still require an individual to 'prove' they meet that criteria and conversely there will still be individuals that will be deemed not to meet the criteria i.e. the scheme will still adhere to an 'in or out' policy rationale. Such an approach has the potential to make already highly contested Primary Medical Certificate and appeals processes even more difficult, for the HSE, for the DDMBA, and for individuals.

This conclusion, together with design principles and parameters for the new scheme as based on international practice, were incorporated into a response to three questions posed in September 2022 to members of the NDIS Transport Working Group, in respect of proposals for enhanced, new and/or reconfigured supports to meet the transport and mobility needs for those with a disability. I trust these proposals will receive the appropriate consideration.

Tax Code

Ceisteanna (171, 173)

Niamh Smyth

Ceist:

171. Deputy Niamh Smyth asked the Minister for Finance if he will review correspondence (details supplied); if he will address the concerns outlined; and if he will make a statement on the matter. [58498/22]

Amharc ar fhreagra

David Cullinane

Ceist:

173. Deputy David Cullinane asked the Minister for Finance if he will reconsider the BIK changes introduced in Budget 2023 which will have a huge impact on workers during the cost-of-living crisis; and if he will make a statement on the matter. [58606/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 171 and 173 together.

For clarity, I did not make any changes in Budget 2023 to existing benefit-in-kind (BIK) provisions that would negatively impact on the application of benefit-in-kind for workers. Rather, I amended two specific measures to further enhance the BIK treatment applicable to employees.

Firstly, the relief provided for in section 112B of the Taxes Consolidation Act 1997 (TCA), which is commonly referred to as the Small Benefit Exemption, was enhanced by increasing both the value and number of qualifying incentives that can be provided tax free by employers under this scheme, from €500 to €1,000 and one to two incentives respectively. This change will apply for the 2022 tax year and subsequent years. In addition, I introduced a higher exemption limit where an employer provides a cargo bike and related safety equipment to an employee under the Cycle to Work scheme, with the BIK exemption limit in respect of a cargo bike and safety equipment increased to €3,000 (with a limit of €1,250 and €1,500 for e-bikes applicable).

I made changes to the calculation of benefit-in-kind on employer provided vehicles, in section 6 of the Finance Act 2019. This measure is due to commence from 1 January 2023, and it is therefore assumed that the query is referring to the implementation of these new rules applying to the calculation of BIK in respect of employer provided cars to employees, for the tax year 2023 and subsequent years. This is a key part of Government policy to strengthen the environmental rationale behind employer-provided car taxation, as committed to in the Climate Action Plan.

Broadly, new rates of benefit-in-kind will apply to the provision of a company car, from 1 January 2023, which among existing factors will now take into account the CO2 emissions of the car, its original market value and the number of business kilometres travelled annually. Therefore, lower rates of tax will generally apply to cars that are more environmentally friendly. The early announcement of this measure in Budget 2020 was purposely provided to send an advanced signal to industry and allow for typical lease renewal periods of approximately 3 years.

I have no proposals to make any change to the new BIK regime.

Finally, I am advised by Revenue that further information on the taxation of employer-provided vehicles is included in Tax and Duty Manual Part 05- 01-01b, which is available on the Revenue website.

Question No. 172 answered with Question No. 170.
Question No. 173 answered with Question No. 171.
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