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Tuesday, 13 Dec 2022

Written Answers Nos. 228-242

Public Transport

Ceisteanna (228)

Kieran O'Donnell

Ceist:

228. Deputy Kieran O'Donnell asked the Minister for Transport if he will consider matters raised by a person (details supplied) in respect of train schedules; and if he will make a statement on the matter. [62080/22]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport. The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally and for the scheduling of these services in conjunction with the relevant transport operators.

In light of the Authority's responsibility in this area, I have forwarded the Deputy's specific question in relation to the availability of trains from Heuston Station Dublin after 6pm, to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days

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

Driver Test

Ceisteanna (229)

Anne Rabbitte

Ceist:

229. Deputy Anne Rabbitte asked the Minister for Transport further to Parliamentary Question No. 190 of 29 November 2022, the current waiting times for driving tests in Loughrea, Tuam, Clifden, Carnmore and Galway city; the time of the first and last tests in Loughrea, Tuam, Clifden, Carnmore and Galway city; the number of driving tests being carried out in Loughrea, Tuam, Clifden, Carnmore and Galway city each day; the date on which the winter schedule is expected to end; the date on which the spring-summer schedule is expected to begin; the number of driving tests expected to be added to the schedule when the summer-spring schedule begins; the locations of the test centres in which the two new entrants to be employed in January 2023 will be deployed to in tabular form; and if he will make a statement on the matter. [62166/22]

Amharc ar fhreagra

Freagraí scríofa

The operation of the national driving test service is the statutory responsibility of the Road Safety Authority. I have referred this question to the Authority for direct reply. I would ask the Deputy to contact my office if a response is not received within ten days.

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

Rail Network

Ceisteanna (230)

Paul Donnelly

Ceist:

230. Deputy Paul Donnelly asked the Minister for Transport the number of full-time staff by job title working in the planning operations department of Iarnród Éireann as of 1 January 2021 and 7 December 2022, in tabular form. [62175/22]

Amharc ar fhreagra

Freagraí scríofa

As the Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operation of public transport.

The issue of the number of staff working in individual departments of the Company on a day-to-day basis is first and foremost an operational matter for Iarnród Éireann, and I have therefore forwarded the Deputy's question to the Company for direct reply.

Please advise my private office if you do not receive a response within ten working days

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

Bus Services

Ceisteanna (231)

Paul Donnelly

Ceist:

231. Deputy Paul Donnelly asked the Minister for Transport the number of passengers who have used Dublin Bus route 40D in both directions in the years 2021 and to date in 2022, in tabular form. [62176/22]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport.

The issue raised by the deputy in relation to the number of passengers who have used Dublin Bus Route 40D in both directions in the years 2021 and to date in 2022 is an operational matter for Dublin Bus. I have, therefore, referred the Deputy's question to the company for direct reply. Please advise my private office if you do not receive a reply within ten working days.

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

Driver Test

Ceisteanna (232)

Aodhán Ó Ríordáin

Ceist:

232. Deputy Aodhán Ó Ríordáin asked the Minister for Transport the details of current waiting times for driving tests for B category vehicles in all north Dublin test centres, to include the number of persons awaiting a test at each centre; and the number of weeks that they are currently on the waiting list, broken down into four-week periods 0-4, 4-8, 8-12, 12-16, 16-20 and so on in tabular form. [62242/22]

Amharc ar fhreagra

Freagraí scríofa

The operation of the national driving test service is the statutory responsibility of the Road Safety Authority. I have therefore referred this question to the Authority for direct reply. I would ask the Deputy to contact my office if a response is not received within ten days.

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

Taxi Licences

Ceisteanna (233)

Louise O'Reilly

Ceist:

233. Deputy Louise O'Reilly asked the Minister for Transport if he is aware of delays in the National Transport Authority extending the life of taxis beyond the ten-year age limit for vehicles and the impact this is having on taxi drivers securing a new licence for 2023; if he will engage with the NTA about having the process expedited; and if he will make a statement on the matter. [62280/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, the regulation of the small public service vehicle (SPSV) industry, including vehicle age limits for SPSVs, is a matter for the independent transport regulator, the National Transport Authority (NTA), under the provisions of the Taxi Regulation Acts 2013 and 2016. I have no role in the day-to-day operations of the SPSV industry.

Since August, a series of global circumstances has, in the NTA’s view, considerably worsened the capability of taxi and hackney licence holders to secure new vehicles, with lead times of one year not uncommon already. Therefore, the NTA proposed to temporarily extend the maximum permissible age for taxis and hackneys so that no current vehicle licence holder is forced out of the industry because a replacement vehicle cannot be purchased.

The NTA introduced new Regulations on 18 November last, permitting an extension to the final operation date of vehicles due to reach their final date of operation/maximum permissible age between 13 March 2020 and 31 December 2024. The purpose of these Regulations is to amend Regulation 31 of the Taxi Regulation (Small Public Service Vehicle) Regulations 2015, Maximum Permissible Age Requirements and to revoke the Small Public Service Vehicle (Emergency Measure Covid-19) Regulations 2021 (S.I. 482 of 2021). This amendment is made as an exceptional provision and contingency measure, resultant from current vehicle supply issues. The NTA is contacting SPSV licence holders to confirm the new final operation date of their current licensed vehicle.

Sports Funding

Ceisteanna (234, 241)

Aodhán Ó Ríordáin

Ceist:

234. Deputy Aodhán Ó Ríordáin asked the Minister for Finance if he will work with the Minister for Finance to ensure that joint ventures operating all weather pitches such as a company (details supplied) owned and operated on a not-for-profit basis by a soccer club and a GAA Club, will be eligible for the temporary business energy support scheme; and if he will make a statement on the matter. [61771/22]

Amharc ar fhreagra

Aodhán Ó Ríordáin

Ceist:

241. Deputy Aodhán Ó Ríordáin asked the Minister for Finance if joint ventures operating all weather pitches such as a company (details supplied) owned and operated on a not-for-profit basis by a soccer club and a GAA club, will be eligible for the temporary business energy support scheme; and if he will make a statement on the matter. [61770/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 234 and 241 together.

Details of the new Temporary Business Energy Support Scheme (TBESS) are set out in Finance Bill 2022. The scheme provides support to qualifying businesses in respect of energy costs relating to the period from 1 September 2022 to 28 February 2023 and is available to tax compliant businesses carrying on a trade or profession the profits of which are chargeable to tax under Case I or Case II of Schedule D where they meet the eligibility criteria.

The TBESS operates by reference to bills for the metered supply of natural gas and electricity. It is available to eligible businesses whose average unit price of electricity or gas has increased by at least 50% for the relevant billing period between September 2022 and February 2023, as compared with their average unit gas or electricity price in for the corresponding reference period in the previous year. Where this threshold is met, payments will be made to qualifying businesses on the basis of 40% of the amount of the increase in eligible electricity or natural gas costs between the bill amount which is the subject of the claim and the bill amount in the corresponding reference period in the previous year.

Section 235 of the Taxes Consolidation Act 1997 provides an exemption from income tax or corporation tax for certain bodies established for the sole purpose of the promotion of athletic or amateur games or sports. The exemption applies to so much of their income that is applied solely for the purpose of promoting the game or sport in question.

Sporting bodies, including soccer clubs and GAA clubs, that carry on certain activities which would be chargeable to tax under Case I or II of Schedule D but for the section 235 exemption are included in the scheme. Electricity and gas costs which are attributable to those activities are eligible. For example, the short-term hiring of pitches on a commercial basis by a GAA or soccer club or the operation of a bar would usually be regarded as trading in nature and the energy costs associated with these activities may, where the scheme criteria are met, be eligible costs for the purposes of the TBESS.

Where a sporting body is engaged in different activities, only some of which would be regarded as activities of a trade or profession, then only so much of its electricity and gas costs which are attributable to the activities of the trade or profession may be eligible for support under the TBESS. This may require apportionment of energy costs between those activities that are trading or professional in nature and those that are not.

Where a company or not for profit organisation carries on activities such as the hiring of GAA or soccer pitches on a non-commercial basis, it is unlikely that that they would be regarded as carrying on a trade that is chargeable to tax, or would be chargeable to tax, but for the section 235 exemption. Such companies and not for profit organisations would not therefore be within the scope of TBESS and would not be eligible to apply for support under the scheme.

Revenue has published comprehensive guidelines on the operation of the scheme, which includes information on eligibility for the scheme and how claims may be made. The guidelines are available on the Revenue website, if you then go to Starting a businesss > Temporary Business Energy Support Scheme and that will provide all the relevant information on the scheme.

Departmental Policies

Ceisteanna (235)

Jim O'Callaghan

Ceist:

235. Deputy Jim O'Callaghan asked the Minister for Finance the main policy achievements of his Department since 27 June 2020; and if he will make a statement on the matter. [61649/22]

Amharc ar fhreagra

Freagraí scríofa

Since the formation of the Government on 27 June 2020 the Department of Finance has delivered a number of policy achievements which include;

- Budget 2021, 22 and 23

The unforeseen challenges of Ukraine, the ongoing recovery from the pandemic and the continuing fallout from Brexit were addressed from a position of strength with record levels of employment and a budget surplus.

- Covid 19 related support schemes

The range of unprecedented proactive and pro-cyclical interventions to support the economy during the pandemic, all of which were made possible by the prudent management of the public finances in the pre-Covid years.

- International Tax Reform

The agreement reached by Ireland with 130 other countries in October 2021 represents an important step towards resolving the issues brought about by the digitalisation of the economy and provides certainty for multinational enterprises whose business models are so important for the Irish economy.

In addition to these highlights, the Department has worked collaboratively on achieving positive results across the divisions on policies in Economics, EU and International Affairs, and Climate Finance and Financial Services. More details on these achievements are available in the annual reports for 2020 and 2021 and are available on the gov.ie site.

These provide more information on initiatives such as Insurance reform, the Retail Banking Dialogue, the Commission on Taxation and Welfare, the selling down of the State ownership in Bank of Ireland and AIB, the Senior Executive Accountability Regime, and the Credit Union policy review as well as on annual events, such as the National Economic Dialogue. The 2022 annual report is due to be published and uploaded to the gov.ie website in quarter three of 2023. More detail on the strategic framework that underpins the policy achievements since 27 June 2020 is available in the publication “Department of Finance Statement of Strategy 2021 to 2023” that is also available on the gov.ie site.

Banking Sector

Ceisteanna (236)

Catherine Murphy

Ceist:

236. Deputy Catherine Murphy asked the Minister for Finance if he will provide an historical schedule of annual costs to date regarding the management of commercial properties in Russia and Ukraine on behalf of the former special liquidators of a bank (details supplied) and the liquidators themselves. [61697/22]

Amharc ar fhreagra

Freagraí scríofa

The IBRC Ninth Progress Update report was published on 9 September 2022 and provides information on costs incurred in the special liquidation to date, with cost information also provided by workstream and by time period. I am advised by the Special Liquidators that they are precluded from providing the details sought in relation to individual assets, as this is commercially sensitive information.

As set out in the annual progress update report, IBRC has assets located in both Russia and Ukraine which have been affected by the current conflict in Ukraine. In particular, there is currently major uncertainty in relation to the current realisable value of the Ukrainian assets located in Kyiv. There is also uncertainty as to what the impact of the current conflict will be on commercial property in Russia, the extent and duration of the current sanctions and the possibility of additional sanctions.

The Special Liquidators proactively and intensively manage all remaining assets on the balance sheet and seek to mitigate any adverse impacts on asset realisation strategies. Asset management strategies are adopted by the Special Liquidators according to the priority liquidation outcome of maximising the ultimate return to the State.

Officials in my Department engage regularly with the Special Liquidators and also receive regular reports which include fee estimates as well as quarterly ‘Estimated Liquidation Outcome’ reports and will continue to actively engage with the Special Liquidators on these matters.

Consumer Protection

Ceisteanna (237)

Pearse Doherty

Ceist:

237. Deputy Pearse Doherty asked the Minister for Finance if he will provide an overview of legislative or consumer protection code provisions with respect to chargebacks, authorised push payment fraud and fraud regarding card payments; and if he will make a statement on the matter. [61722/22]

Amharc ar fhreagra

Freagraí scríofa

Directive 2015/2366/EU on payment services (or “PSD2”) was transposed into Irish law, with effect from 13 January 2018, by the European Union (Payment Services) Regulations, 2018 (S.I. No.6 of 2018, hereafter referred to as the PSRs). The PSRs set out the industry requirements concerning liabilities for unauthorised payment transactions and the applicable security requirements to help protect consumers against fraud.

Regulation 97 of the PSRs sets out the payment service provider’s (PSP) liability for unauthorised payment transactions and provides that where a payment transaction is not authorised, the payer’s payment service provider (PSP) shall—

(a) refund the payer the amount of the unauthorised payment transaction immediately, and in any event not later than the end of the business day immediately following the date that the payer’s payment service provider notes or is notified of the transaction, except where the payer’s payment service provider has reasonable grounds for suspecting fraud and communicates those grounds to the relevant national authority in writing,

(b) where applicable, restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place, and

(c) ensure that the credit value date for the payer’s payment account shall be no later than the date the amount was debited.

Regulation 98 of the PSRs then sets out the payer’s liability for unauthorised payment transactions and provides that a payer shall bear the losses relating to any unauthorised payment transactions, up to a maximum of €50, resulting from the use of a lost or stolen payment instrument or from the misappropriation of a payment instrument. However, the PSRs set out further in Regulation 98(2) a range of instances where the payer will not be liable for any losses, e.g. where the loss, theft or misappropriation of a payment instrument was not detectable to the payer prior to a payment.

Regulation 100 of the PSRs sets out the requirements for refunds for payment transactions initiated by or through a payee, e.g. recurring card payment transactions, such as a Netflix subscription. Regulation 101 of the PSRs then sets out the requirements for payers to request refunds for payment transactions initiated by or through a payee and provides that a payer may request a refund under Regulation 100 up to 8 weeks from the date on which the funds concerned were debited.

As set out in in Part 1, Preliminary, Regulation 1, Citation and Commencement (3) of the PSRs, all PSPs are required to adhere to the requirements set out in the EBA’s Regulatory Technical Standards for strong customer authentication and common and secure open standards of communication ("RTS on SCA&CSC). PSP’s must apply strong customer authentication (SCA) when a payer: (i) accesses payment accounts online, (ii) initiates an electronic payment, or (iii) carries out any action through a remote channel.

SCA is defined in PSD2 as “an authentication based on the use of two or more elements categorised as knowledge (something only the user knows), possession (something only the user possesses) and inherence (something the user is) that are independent, in that the breach of one does not compromise the reliability of the others, and is designed in such a way as to protect the confidentiality of the authentication data”. The overall purpose of SCA is to make payments safer and more secure.

During the ongoing PSD2 review, the European Commission (EC) issued a call for advice to the European Banking Authority (EBA) and the matter of authorised push payments/social engineering was addressed. The EBA in their response outlined that they have “identified the increased risk of social engineering fraud as an area where further improvements in the legal framework are needed to address the increase of fraudulent transactions, in particular authorised push payment fraud where fraudsters use social engineering scams (i.e. phishing) in combination with more sophisticated online attacks”.

SCA has mitigated the threat of social engineering fraud to some extent, e.g. through the use of the transaction monitoring mechanisms set out in Article 2 of the RTS on SCA&CSC. This allows PSPs to better identify unauthorised and fraudulent transactions due to unusual patterns, however, the risks are not fully mitigated by SCA and the EBA has outlined this in their response to the EC’s call for advice during the PSD2 Review.

In their response, the EBA proposes that the any revised PSD2 should introduce a combination of measures that could have a positive effect and further mitigate these types of risks. The measures could include introducing specific requirements in the Directive on educational and awareness programs for applicable risks; incentivising PSPs to invest in more efficient transaction monitoring mechanisms by covering payment transactions that have been authorized by the payer under manipulation of the fraudster within the scope of unauthorized payment transactions; and facilitating the exchange of information between PSPs in relation to known cases of fraud, specific fraudsters and accounts used to carry out fraud.

Departmental Schemes

Ceisteanna (238)

Colm Burke

Ceist:

238. Deputy Colm Burke asked the Minister for Finance if he will carry out a review of the fuel grant for disabled drivers (details supplied) in view of the fact that no such review has been carried out within the past five years; and if he will make a statement on the matter. [61732/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, I committed to a comprehensive review of the DDS, of which the fuel grant is a part, under the auspices of 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. A draft report was considered at its final meeting on 8th December, and is currently being finalised. It is expected that it will be published in the near future.

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 short, the DDS significantly diverges from international best practice. It does not meet the standards expected of a 21st administrative and operational model. It adheres to an outdated medical-based perspective of disability, requiring individuals to 'prove' their disability in order to access the scheme.

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 hope that steps to implement these proposals, particularly with respect to introducing a new vehicular adaptation scheme, will be incorporated into the Working Group's final report.

Tax Code

Ceisteanna (239)

Michael Healy-Rae

Ceist:

239. Deputy Michael Healy-Rae asked the Minister for Finance when the changes to income tax announced in budget 2023 are coming into effect; and if he will make a statement on the matter. [61749/22]

Amharc ar fhreagra

Freagraí scríofa

I assume that the Deputy has in mind the personal income tax package changes announced in the Budget.

Budget 2023 brought forward a significant personal tax package with an estimated cost next year of over €1.13 billion. The Standard Rate Cut-Off Point is being increased by €3,200 from €36,800 to €40,000 for a single individual (8.7% increase), with commensurate increases in the bands applying to married persons and persons in civil partnerships. The main personal tax credits (personal credit, employee tax credit and earned income credit) are also being increased by €75 from €1,700 to €1,775 (4.4% increase). The home carer tax credit is also being increased €100 from €1,600 to €1,700 (6.3% increase).

Further, the 2% rate band ceiling for USC will also be increased in line with the increase in the national minimum wage to ensure that a full-time adult worker who benefits from the increase in the hourly minimum wage rate of €10.50 to €11.30 will remain outside the top rates of USC.

Legislative amendments to give effect to the above personal tax changes, from 1 January 2023, are provided for in Finance Bill 2022, which is currently progressing through the Houses of the Oireachtas. It is anticipated that Finance Bill 2022 will be enacted before end-December and the personal income tax changes will come into effect from 1 January 2023.

Tax Code

Ceisteanna (240)

Neale Richmond

Ceist:

240. Deputy Neale Richmond asked the Minister for Finance his views on whether there is a need for tax bands to be linked to inflation given the current rates of inflation; and if he will make a statement on the matter. [61765/22]

Amharc ar fhreagra

Freagraí scríofa

In general, no Government in Ireland has followed a policy of strict indexation of tax credits or rate bands, as this does not allow flexibility to adapt spending as necessary to the level of resources available to the Government for any given Budget. Such a policy could also potentially restrict the ability of the Government to target resources where the need is greatest.

However, as the Deputy will be aware, the Programme for Government, “Our Shared Future”, states that “From Budget 2022 onwards, in the event that incomes are again rising as the economy recovers, credits and bands will be index linked to earnings. This will be done to prevent an increase in the real burden of income tax, to prevent more low income workers being taken into the tax net because of no changes to the tax system and to ensure there is no increase in the number of people having to pay higher income tax and USC rates.”

Budget 2023 included a significant personal tax package with an estimated cost next year of over €1.13 billion, which effectively sought to index the Standard Rate Cut-Off Point and the main tax credits within the fiscal resources available. The Standard Rate Cut-Off Point is being increased by €3,200 from €36,800 to €40,000 for a single individual (8.7% increase), with commensurate increases in the bands applying to married persons and persons in civil partnerships. The main personal tax credits (personal credit, employee tax credit and earned income credit) are also being increased by €75 from €1,700 to €1,775 (4.4% increase). The home carer tax credit is also being increased €100 from €1,600 to €1,700 (6.3% increase).

Further, the 2% rate band ceiling for USC will also be increased in line with the increase in the national minimum wage to ensure that a full-time adult worker who benefits from the increase in the hourly minimum wage rate of €10.50 to €11.30 will remain outside the top rates of USC.

The measures introduced in Budget 2023 will ensure that every income-earner, paying income tax or USC in 2022, will see an increase in their net income in 2023, all other factors being equal.

With regard to cost-of-living increases, the Government is acutely aware of the cost pressures currently facing households and businesses and has responded to help alleviate some of this burden. Budget 2023 brought forward a package of €6.9 billion as well as €4.1 billion of one-off measures, which included, for example, the provision of energy credits for all households. This is in addition to €3 billion of measures that were implemented prior to the Budget.

The Government will continue to keep cost-of-living challenges under close review and to respond appropriately within the limits of available resources.

Question No. 241 answered with Question No. 234.

Financial Services

Ceisteanna (242)

Fergus O'Dowd

Ceist:

242. Deputy Fergus O'Dowd asked the Minister for Finance his views on matters raised in correspondence (details supplied); and if he will make a statement on the matter. [61906/22]

Amharc ar fhreagra

Freagraí scríofa

The Central Bank of Ireland advises that Pepper Finance Corporation (Ireland) Designated Activity Company, trading as Pepper Money and Pepper Asset Servicing, is authorised by it as a Retail Credit Firm (RCF). RCFs are required to comply with all relevant requirements of financial services legislation, including the regulatory requirements as set out in the Central Bank's existing codes of conduct and regulations. These include:

- the Consumer Protection Code 2012,

- the Code of Conduct for Mortgage Arrears 2013,

- the Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Housing Loan Requirements) Regulations,

- the Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Lending to Small and Small and Medium-Sized Enterprises) Regulations 2015 (SME Regulations),

- the Fitness and Probity Regime,

- the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) Minimum Competency Regulations 2017, and

- the Minimum Competency Code 2017.

In addition, RCFs must comply with the Authorisation Requirements and Standards for RCFs. These Standards require that RCFs must be able to demonstrate that they are in a position to conduct their affairs in a manner that ensures the best interests of their customers are protected.

Within this regulatory framework neither the Central Bank nor I as Minister for Finance have a statutory role in approving the level of interest rates that mortgage creditors charge on their loans. Decisions in relation to mortgage lending and loans, including the type of mortgage, the level of interest rates charged on mortgage loans and the basis for the adjustment of the mortgage rate, are commercial decisions for mortgage creditors in line with the terms of the mortgage contract entered into by the mortgage lender.

The factors affecting the decisions of mortgage creditors when setting and, where applicable, adjusting their interest rates are manifold and can include the costs of offering and managing the loan, including funding costs. As the Deputy will be aware, since the summer the ECB has increased its main official lending rate by 2% and short-term wholesale interest rates have also increased over this period.

However, the Deputy may wish to note that on 17 November 2022 the Central Bank issued a 'Dear CEO' letter which details the specific actions, as set out in the Consumer Protection Outlook Report, on which financial services firms should take action to avoid consumer harm. This is framed against the backdrop of a rapidly changing financial services landscape and the responsibility of firms to navigate this change in a manner that places the best interests of consumers at the heart of their commercial decision-making. This includes proactively assessing the risks and consumer impact a commercial decision may pose to new and existing customers and developing comprehensive action plans to mitigate these risks whilst ensuring that customers understand what changes mean for them.

It is worth noting that customers are entitled to switch their mortgage to another provider at any stage, but that it is a commercial matter for a new lender to decide whether or not it wishes to provide credit in line with its commercial lending policies and underwriting criteria. Also, where a cooperating borrower is complying with the terms of an alternative repayment arrangement (“ARA”) and the loan is subsequently sold to another regulated entity, the new regulated entity cannot unilaterally change the ARA agreed between the borrower and the original lender. The new regulated entity should continue to honour an ARA until review, expiry or by agreement, as appropriate. This includes honouring timelines and terms and conditions for reviews of the ARA.

The Central Bank has advised that it expects that all regulated entities to take a consumer-focused approach in respect of any decision that affects their customers (both existing and new) and to communicate clearly, effectively, and in a timely manner with all customers. If a consumer is not happy with the way a regulated entity is dealing with them, s/he should in the first instance make a formal complaint to that entity. If a consumer’s complaint is not resolved to their satisfaction through an internal complaints process, they can then seek recourse via the Financial Services and Pensions Ombudsman (FSPO). The FSPO will take on complaints once the bank's internal complaints process has been exhausted.

Contact details for the FSPO are as follows:- Address: The Financial Services and Pensions Ombudsman, Lincoln House, Lincoln Place, Dublin 2, D02 VH29;- Tel: 01-567 7000;- Email: info@fspo.ie ;Website: www.fspo.ie/.

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