Written Answers Nos. 243-257
243. Deputy Cormac Devlin asked the Minister for Finance the number of audits initiated by the Revenue Commissioners during the years 2016 to 2021 and to 1 December 2022, by reason category that is, screening, business area or random selection, in tabular form; and if he will make a statement on the matter. [61919/22]
Amharc ar fhreagraI am advised by Revenue that it selects cases for compliance intervention based primarily on risk, although a small proportion of random interventions are carried out each year in order to test risk assumptions. Each intervention is intended to be in the form which is most efficient in terms of time and resources, and which imposes the least cost on both the taxpayer and on Revenue, whilst properly addressing perceived risks.
Prior to 1 May 2022, Revenue carried out compliance activities which could be broadly categorised as audit or non-audit (the “non-audit” categories comprising a range of less intrusive interventions to test specific risks).
On 1 May 2022, Revenue implemented a Compliance Intervention Framework which provides a consistent and graduated response to taxpayer behaviour, ranging from extensive opportunities to voluntarily correct mistakes up to the pursuit of criminal sanctions for serious cases of evasion. There are three different intervention levels within the framework and these levels are set out for taxpayers in the Code of Practice for Revenue Compliance Interventions. Revenue Audits are one of two risk-based inquiries which fall within the Level 2 category.
Revenue’s compliance framework supports compliance through real-time engagement with taxpayers and real-time compliance management of its segmented case-base. It incorporates its traditional tax audit approach within a Compliance Intervention Framework that provides for a consistent, graduated response to risk and taxpayer compliance behaviour. The statistics related to Audits are included in this summary.
I am advised that the decline in random audits and other interventions reflects a changed policy whereby cases chosen randomly are subject to an in-depth appraisal with only cases indicating risk during the appraisal process being subject to a compliance intervention.
I am further advised that the Covid-19 related restrictions caused significant disruption to Revenue’s operations, with both the necessary suspension of on-site intervention activity and a focus on business support schemes. The wage subsidy schemes leveraged real time payroll reporting and the implementation and oversight of these schemes provided valuable insights into business activity and compliance with PAYE. During this period, Revenue carried out a significant amount of non-audit compliance activities in relation to the range of support schemes that it administered.
The Temporary Wage Subsidy Scheme (TWSS) provided supports to over 67,000 employers throughout the scheme. Revenue undertook a programme of compliance checks on all employers who participated in the TWSS to ensure that they were properly eligible to receive the supports and to ensure the funds were paid out to qualifying employees. The TWSS compliance checks are in addition to the statistics provided in the table below.
For the Employment Wage Subsidy Scheme (EWSS), 7,861 employers or 15% of all employers who claimed the subsidy will have had a compliance check reviewing their eligibility for the scheme planned or completed before the end of 2022. The EWSS checks are included in the statistics provided in the table below.
2016
|
Category |
Intervention Type |
Random |
Risk-Based |
Total |
|
Business taxes |
Aspect Query |
91 |
88,265 |
88,356 |
|
Profile Interview |
1 |
1,379 |
1,380 |
|
|
Audit |
618 |
5,303 |
5,921 |
|
|
Investigation |
2 |
113 |
115 |
|
|
Personal taxes |
Aspect Query |
6,465 |
6,465 |
|
|
Audit |
3 |
3 |
||
|
Investigation |
1 |
1 |
||
|
Customs |
Aspect Query |
49 |
3,363 |
3,412 |
|
Profile Interview |
61 |
61 |
||
|
Audit |
11 |
272 |
283 |
|
|
Total |
772 |
105,225 |
105,997 |
2017
|
Category |
Intervention Type |
Random |
Risk-Based |
Total |
|
Business taxes |
Aspect Query |
39 |
81,140 |
81,179 |
|
Profile Interview |
3 |
5,201 |
5,204 |
|
|
Audit |
495 |
3,892 |
4,387 |
|
|
Investigation |
1 |
217 |
218 |
|
|
Personal taxes |
Aspect Query |
11,980 |
11,980 |
|
|
Profile Interview |
17 |
17 |
||
|
Audit |
5 |
5 |
||
|
Investigation |
5 |
5 |
||
|
Customs |
Aspect Query |
5 |
4,613 |
4,618 |
|
Profile Interview |
105 |
105 |
||
|
Audit |
5 |
201 |
206 |
|
|
Total |
548 |
107,376 |
107,924 |
2018
|
Category |
Intervention Type |
Random |
Risk-Based |
Total |
|
Business taxes |
Aspect Query |
333 |
79,730 |
80,063 |
|
Profile Interview |
111 |
4,522 |
4,633 |
|
|
Audit |
258 |
3,162 |
3,420 |
|
|
Investigation |
329 |
329 |
||
|
Personal taxes |
Aspect Query |
10,102 |
10,102 |
|
|
Profile Interview |
9 |
9 |
||
|
Audit |
3 |
3 |
||
|
Investigation |
1 |
1 |
||
|
Customs |
Aspect Query |
11 |
3,136 |
3,147 |
|
Profile Interview |
82 |
82 |
||
|
Audit |
13 |
258 |
271 |
|
|
Total |
726 |
101,334 |
102,060 |
2019
|
Category |
Intervention Type |
Random |
Risk-Based |
Total |
|
Business taxes |
Aspect Query |
55 |
73,657 |
73,712 |
|
Profile Interview |
7 |
2,250 |
2,257 |
|
|
Audit |
99 |
2,055 |
2,154 |
|
|
Investigation |
87 |
87 |
||
|
Personal taxes |
Aspect Query |
53 |
10,024 |
10,077 |
|
Profile Interview |
16 |
16 |
||
|
Audit |
4 |
4 |
||
|
Investigation |
11 |
11 |
||
|
Customs |
Aspect Query |
8 |
4,130 |
4,138 |
|
Profile Interview |
215 |
215 |
||
|
Audit |
26 |
258 |
284 |
|
|
Total |
248 |
92,707 |
92,955 |
2020
|
Category |
Intervention Type |
Random |
Risk-Based |
Total |
|
Business taxes |
Aspect Query |
50 |
48,769 |
48,819 |
|
Profile Interview |
568 |
568 |
||
|
Audit |
5 |
523 |
528 |
|
|
Investigation |
28 |
28 |
||
|
Personal taxes |
Aspect Query |
4,666 |
4,666 |
|
|
Profile Interview |
3 |
3 |
||
|
Audit |
5 |
5 |
||
|
Customs |
Aspect Query |
10 |
3,824 |
3,834 |
|
Profile Interview |
106 |
106 |
||
|
Audit |
13 |
128 |
141 |
|
|
Total |
78 |
58,620 |
58,698 |
2021
|
Category |
Intervention Type |
Random |
Risk-Based |
Total |
|
Business taxes |
Aspect Query |
39 |
46,511 |
46,550 |
|
Profile Interview |
468 |
468 |
||
|
Audit |
13 |
635 |
648 |
|
|
Investigation |
51 |
51 |
||
|
Personal taxes |
Aspect Query |
78 |
3,679 |
3,757 |
|
Profile Interview |
1 |
1 |
||
|
Audit |
2 |
2 |
||
|
Investigation |
3 |
3 |
||
|
Customs |
Aspect Query |
32 |
4,383 |
4,415 |
|
Profile Interview |
84 |
84 |
||
|
Audit |
12 |
182 |
194 |
|
|
Total |
174 |
55,999 |
56,173 |
2022 (Up to and including 30th November 2022)
|
Business Taxes |
Aspect Query (Pre-CIF) |
40 |
15,093 |
15,133 |
|
L1 Intervention (CIF other than PI) |
79 |
26,232 |
26,311 |
|
|
Profile Interview (CIF and Pre-CIF) |
694 |
694 |
||
|
L2 Risk Review (CIF) |
721 |
721 |
||
|
Audit (CIF and Pre-CIF) |
5 |
279 |
284 |
|
|
Investigation (CIF and Pre-CIF) |
1 |
29 |
30 |
|
|
Personal taxes |
Aspect Query (Pre-CIF) |
1,397 |
1,397 |
|
|
L 1 Intervention (CIF other than PI) |
1,524 |
1,524 |
||
|
Profile Interview (CIF and Pre-CIF) |
3 |
3 |
||
|
L 2 Risk Review (CIF) |
358 |
358 |
||
|
Audit (CIF and Pre-CIF) |
13 |
13 |
||
|
Customs |
Aspect Query |
1,328 |
1,328 |
|
|
Other Non-Audit Interventions |
23 |
2,175 |
2,198 |
|
|
Profile Interview |
144 |
144 |
||
|
Audit |
87 |
125 |
212 |
|
|
Total |
235 |
50,115 |
50,350 |
244. Deputy Seán Canney asked the Minister for Finance if his attention has been drawn to the difficulty that the increase in benefit-in-kind tax is having on persons who require a car for work, who have no other option and for whom a car is a necessary tool for work; if he will reverse the decision; and if he will make a statement on the matter. [61929/22]
Amharc ar fhreagraRecent Government policy has focused on strengthening the environmental rationale behind company car taxation. Until the changes I brought in as part of the Finance Act 2019, Ireland’s vehicle benefit-in-kind regime was unusual in that there was no overall CO2 rationale in the regime. This is despite a CO2 based vehicle BIK regime being legislated for as far back as 2008 (but never having been commenced).
In Finance Act 2019, I legislated for a CO2-based BIK regime for company cars from 1 January 2023. From that date the amount taxable as BIK remains determined by the car’s original market value (OMV) and the annual business kilometres driven, while new CO2 emissions-based bands will determine whether a standard, discounted, or surcharged rate is taxable. The number of mileage bands is reduced from five to four.
EVs will benefit from a preferential rate of BIK, ranging from 9 – 22.5% depending on mileage. Fossil-fuel vehicles will be subject to higher BIK rates, up to 37.5%. In certain instances, the new regime from 2023 will provide for higher BIK rates, for example in relation to above average emissions and high mileage cars. It should be noted, however, that the rates remain largely the same in the lower to mid mileage ranges for the average lower emission car. This new structure with CO2-based discounts and surcharges is designed to incentivise employers to provide employees with low-emission cars.
The rationale behind the mileage bands in the new BIK structure is to acknowledge that the greater the business mileage, the more the car is a benefit to the company rather than its employee (on average); and the more the car depreciates in value, the less of a benefit it is to the employee (in years 2 and 3) as the asset from which the benefit is derived is depreciating faster. Mileage bands also ensure that cars more integral to the conduct of business receive preferential tax treatment.
Reforming the BIK system to include emissions bands provides for a more sustainable environmental rationale than the continuation of the current system with exemptions for electric vehicles (EVs). This will bring the taxation system around company cars into step with other CO2-based motor taxes as well as the long-established CO2-based vehicle BIK regimes in other member states.
In addition to the above and in light of government commitments on climate change, Budget 2022 extended the preferential BIK treatment for EVs to end 2025 with a tapering mechanism on the vehicle value threshold. This BIK exemption forms part of a broader series of very generous measures to support the uptake of EVs, including a reduced rate of 7% VRT, a VRT relief of up to €5,000, low motor tax of €120 per annum, SEAI grants, discounted tolls fees, and 0% BIK on electric charging.
Finally, it should be noted that this new BIK charging mechanism was legislated for in 2019 and was announced as part of Budget 2020. I am satisfied that this has provided a sufficient lead in time to adapt to this new system before its implementation in 2023.
245. Deputy Catherine Murphy asked the Minister for Finance if he will provide a schedule of transactions and-or auctions that a company (details supplied) was involved in, in respect of IBRC's holding of National Asset Management Agency, NAMA, junior bonds in 2014 and 2015. [61970/22]
Amharc ar fhreagraThe Special Liquidators have advised me that Goodbody provided sales advisory services to Irish Bank Resolution Corporation Limited (In Special Liquidation) (“IBRC”) in relation to IBRC’s holding of NAMA subordinated bonds in 2014. They were not engaged in 2015 as all of IBRC’s holdings of the bonds were sold in 2014. I am advised by the Special Liquidators that they are precluded from providing details of the transactions and the identity of purchasers as these details are commercially sensitive.
246. Deputy Catherine Murphy asked the Minister for Finance if he will provide a schedule of the companies that acquired IBRC's holding of NAMA junior bonds in 2014 and 2015. [61971/22]
Amharc ar fhreagraThe Special Liquidators have informed me, as Minister for Finance, that the identity of the purchasers of IBRC’s holding of the NAMA subordinated bonds in 2014 is commercially sensitive and confidential.
247. Deputy Catherine Murphy asked the Minister for Finance if he will provide the date on which and the time that his Department and-or the former Minister for Finance was first notified by a company (details supplied) of the most likely pricing range that could be achieved in the auction of IBRC's holding of NAMA junior bonds. [61972/22]
Amharc ar fhreagraThe Special Liquidators have advised me, as Minister for Finance, that Goodbody advised the Special Liquidators of Irish Bank Resolution Corporation Limited (In Special Liquidation) of the bids received on the NAMA subordinated bonds following the sales process on 23 September 2014. The total realisation amount was communicated to the Department of Finance shortly thereafter.
248. Deputy Richard Boyd Barrett asked the Minister for Finance if changes in the VAT directive that was agreed in April 2022, which allowed for a reduced rate to apply to the supply of sport or physical exercise classes, have been implemented; and if so, the current VAT rate for the supply of sport or physical exercise classes; and if he will make a statement on the matter. [61978/22]
Amharc ar fhreagraThe EU VAT Directive provides that all goods and services are liable to VAT at the standard rate, unless they fall within the categories of goods and services specified in Annex III of the VAT Directive, in respect of which Member States may apply a lower rate of VAT. The EU VAT Directive also allows for historic VAT treatment to be maintained under certain conditions on certain goods and services not provided for in Annex III.
Currently Ireland has a standard VAT rate of 23% and two reduced rates of 13.5% and 9%. Ireland has also retained some historic VAT arrangements, under strict conditions.
It is acknowledged that Annex III of the VAT Directive does allow for the supply of sport or physical exercise classes to be applied at a reduced VAT rate. However, the Deputy should note that there are limits on the number of categories under Annex III to which a reduced rate can be applied. This means therefore that careful consideration needs to be given to the inclusion of a particular category from both a need and a cost perspective. I am happy to have this matter reviewed however as part of next year's Tax Strategy Group process.
As indicated to you in a previous PQ, services consisting of the care of the human body supplied in the course of a health studio business or similar business, such as a yoga studio, are liable to VAT at the reduced rate of 13.5%, due to a historical derogation. In the absence of this derogation, these businesses would pay the standard 23% rate of VAT. Other classes, such as those for karate or judo, are liable to VAT at the standard rate, currently 23%.
249. Deputy Sorca Clarke asked the Minister for Finance if his attention has been drawn to the continued lack of insurance providers for community groups; if consideration has been given to the State providing cover in such cases; and if he will make a statement on the matter. [62140/22]
Amharc ar fhreagraAt the outset, I wish to reassure the Deputy that I recognise the concerns felt by many community groups across the country around the cost and availability of insurance cover. Accordingly, Government has prioritised insurance reform through the Action Plan for Insurance Reform. As the Deputy may be aware, the third Action Plan Implementation Report was published last month, showing that 90 percent of the 66 actions contained therein are now delivered.
One of the key developments was the implementation of the Personal Injuries Guidelines, which was realised several months ahead of schedule. Recent data from PIAB shows that personal injury award levels have reduced by almost 40 percent. Minister Fleming recently met both the major insurers and brokers in the State, and impressed upon them the Government’s expectation that savings achieved as a result of Government reforms will be passed onto customers.
Data from the Central Bank illustrates that the public liability market has been loss making for a number of years, and consequently insurers are reluctant to enter into this area. At the same time, this more specialised market segment is closely linked to global insurance trends, and is therefore slower to reflect the changes being delivered through the Government reform agenda than more commoditised products such as motor insurance. Nevertheless, there are clear signs that the market is beginning to respond to the success of the Action Plan for Insurance Reform, with insurers moving into previously problematic niche areas such as childcare, inflatables and the equestrian sectors.
In terms of upcoming issues, rebalancing the Duty of Care legislation is now a priority and is being led by the Department of Justice. Overhauling this legislation should help to address the issue of ‘slips, trips and falls’, which are particularly prevalent in heavy-footfall areas and could potentially unlock further liability insurance capacity for community group activities.
Finally, I would like to take this opportunity to assure the Deputy that it is Government's intention to ensure that implementation of the Action Plan can have a positive impact on the affordability and availability of insurance across all sectors in the economy.
250. Deputy Paul Kehoe asked the Minister for Finance if polythene covers for growing maize are exempt from VAT regardless of whether the traditional oxo-degradable film or the newer compostable film is used; and if he will make a statement on the matter. [62142/22]
Amharc ar fhreagraI am advised by Revenue that the VAT rating of goods and services is subject to the requirements of EU VAT law, with which Irish VAT law must comply. In general, the EU VAT Directive provides that all goods and services are liable to VAT at the standard rate (currently 23% in Ireland), unless they fall within the categories of goods and services specified in Annex III of the VAT Directive, in respect of which Member States may apply a lower rate of VAT. Ireland is also permitted to retain some historic VAT arrangements, under strict conditions.
The supply of a polythene cover – including the traditional oxo-degradable film and the newer compostable film – is liable to VAT at the standard rate of 23%. The supply of the agricultural service of sowing is liable to VAT at the reduced rate of 13.5%. The supply of maize seeds when used for sowing in order to produce food is liable to VAT at the zero rate. However, the combined supply of polythene covers with the supply and sowing of maize seeds for the production of food, including animal feed, for an inclusive price, is liable to VAT at the zero rate.
251. Deputy Jim O'Callaghan asked the Minister for Finance if he will consider extending tax relief for relevant donations for the purchase of land for community and-or recreation facilities for community groups involved in activities other than sports, for example, allotments, community gardens and men's and women's sheds; and if he will make a statement on the matter. [62151/22]
Amharc ar fhreagra252. Deputy Jim O'Callaghan asked the Minister for Finance if there are incentives for landowners to lease their land for allotments, community gardens and men's and women's sheds; if not, if he has plans to introduce such measures; and if he will make a statement on the matter. [62152/22]
Amharc ar fhreagraI propose to take Questions Nos. 251 and 252 together.
In relation to donations, I assume that the Deputy has in mind a “relevant donation” in the context of the Charitable Donations Scheme, provided for in section 848A and Schedule 26A Taxes Consolidation Act 1997 (TCA).
I am advised by Revenue that a relevant donation is a donation with a minimum value of €250 in money or “designated securities”, meaning shares and debentures of a kind quoted on a recognised stock exchange, which is made to an “approved body”, which is an “eligible charity” or another body (including various educational bodies) specified in Part 1 of Schedule 26A TCA.
To be an “eligible charity”, the charity must apply to Revenue for authorisation and meet the conditions laid down in Part 3 of Schedule 26A. It should be noted that, in accordance with Part 3, a body must have been in existence for at least two years before it can qualify for authorisation.
If a community group as mentioned by the Deputy was an “approved body” for the purposes of the Charitable Donations Scheme, a donation to that group would qualify for tax relief. To become an “approved body”, a group would have to apply to the Charities Regulatory Authority to become a charity, and then apply to Revenue to participate in the Charitable Donations Scheme.
In relation to leases, income from the letting of property in the State, including land, is taxable under Case V of Schedule D. An income tax exemption is available for the leasing of farm land under section 664 Taxes Consolidation Act 1997 (TCA). However, in order for that exemption to apply, farm land must be let by a qualifying lessor under a qualifying lease to a qualifying lessee.
Farm land is defined for the purposes of the relief and is limited to land and buildings (excluding dwellings) situated in the State that is wholly or mainly occupied for the purposes of husbandry. In this context husbandry may be taken as including normal farming, market gardening, horse breeding, and any other form of husbandry which involves the use of the land or its produce. The definition of “farm land” does not extend to community gardens or similar. In addition, a qualifying lessee must be engaged in the trade of farming. For these reasons, section 664 TCA would not apply to the leasing of land for the purposes of allotments, community gardens or similar uses.
I am advised by Revenue that there is no specific relief or exemption which applies to the leasing of land for the purposes of allotments, community gardens or similar uses.
As the Deputy will appreciate, decisions regarding tax incentives and reliefs are normally made in the context of the annual Budget and Finance Bill process. Such decisions must have regard to the sound management of the public finances and my Department's Tax Expenditure Guidelines. The guidelines make clear that any policy proposal which involves tax expenditures should only occur in limited circumstances where there are demonstrable market failures, where a tax-based incentive is more efficient than a direct expenditure intervention.
Tax reliefs, no matter how worthwhile in themselves, may serve to narrow the tax base and can make general reform of the tax system that much more difficult.
There are no plans at present to introduce tax relief along the lines outlined by the Deputy.
253. Deputy Pearse Doherty asked the Minister for Finance the reason that a person (details supplied) is taxed as a single person; and if he will make a statement on the matter. [62211/22]
Amharc ar fhreagraI am informed by Revenue that in cases such as these (that is, where neither spouse or civil partner is resident in the State, but one party is in receipt of employment income which is chargeable to tax in the State) the statutory position is that joint assessment is not available during the tax year. The individual is correctly assessed to tax under separate treatment.
However, there may be cases where:
- both parties are non-resident;
- one party has employment income chargeable to tax in the State; and
- the other party has no income (e.g. the employment of the party working in the State is the only source of income of the couple).
I am advised that if Revenue is satisfied that the above circumstances apply, it is established practice that the aggregation basis may be applied in the normal way; that is, the increased basic personal tax credit (commonly referred to as the married person’s/civil partner’s tax credit) and the increased standard rate tax band may be granted to the person who is working in the State. A claim for such treatment may be made at the end of the tax year by the assessable spouse/civil partner, by completing the relevant income tax return form.
Please note that where the other spouse or civil partner has income in his/her own right, a measure of relief may, depending on the level of that income, be due where the Irish tax payable under separate treatment in respect of the income chargeable to Irish tax exceeds the tax that would have been payable in respect of that income if the total income of both parties had been chargeable to tax on the basis of aggregation.
Further information on aggregation relief may be found on Revenue’s website at: Revenue.ie>life events and personal circumstances>marital-status>marriage-and-civil-partnerships> how your partners residence affects your tax.
Should the individual concerned require any further clarification they can contact Revenue via MyEnquiries or through the National PAYE Helpline on 01-73 83 636.
254. Deputy Darren O'Rourke asked the Minister for Finance if he intends to retain the 9% VAT rate for the tourism sector (details supplied); the supports in place for that sector; and if he will make a statement on the matter. [62263/22]
Amharc ar fhreagraAs the Deputy will be aware, the 9% rate for the tourism and hospitality sectors was reintroduced in Budget 2021 from 1 November 2020 to 31 December 2021 at an estimated cost of €401m. This measure was initially extended in Budget 2022 to 31 August 2022 at a further estimated cost of €251m. It was then extended again for another six months until 28 February 2023 at an additional estimated cost of €250m. This was done to provide further support to the tourism and hospitality sectors over the busy November/December period and into the early New Year.
No further extension to this measure is envisaged so the rate which applies to these sectors will revert to 13.5% from 1 March 2023.
The Government recognises the impacts of the current energy crisis and understands how it has contributed to a rise in the cost of doing business across the country.
That is why on Budget Day, I announced the new TBESS (Temporary Business Energy Support Scheme). This scheme is aimed at businesses whose average unit gas or electricity price has risen by over 50% compared with their average unit gas or electricity price in 2021. It will run from September 2022 to the end of February 2023. Qualifying businesses can apply to Revenue for a cash payment, representing an advance credit for energy expenses (ACEC) that are deductible for income and/or corporation tax purposes.
The ACEC will be calculated as 40% of the excess of the 2022 bill over the 2021 bill, capped at €10,000 per business per month, or up to €30,000 if the business operates from multiple locations. Overall caps at business level will also apply as set out in the EU Temporary Crisis Framework.
The Scheme opened for registration on November 26 and for claims on December 5th. It is expected that first payments will go out before Christmas.
Further information on the scheme can be found at the following link from the Revenue website - www.revenue.ie/en/starting-a-business/tbess/index.aspx
255. Deputy Bríd Smith asked the Minister for Finance the number of complaints to the Ombudsman for Financial Services in the past three years; the number of these that were deemed ineligible for being out of date or time; if he can clarify whether complaints regarding the actions of banks and financial institutions to the Ombudsman are constrained by the date at which the incident and-or complaint arose; and if he will make a statement on the matter. [62266/22]
Amharc ar fhreagraThe Office of the Financial Services and Pensions Ombudsman (FSPO) has advised me that it received 14,751 complaints in the three years up to the end of November 2022.
356 of those complaints were deemed ineligible for being outside the time limits set out in the Financial Services and Pensions Ombudsman Act 2017 (the Act).
The table below provides a breakdown of complaints in each period.
|
Period |
Complaints Received |
Of those received, deemed ineligible pursuant to Section 51 of the Act. |
|
Dec 2019 |
289 |
10 |
|
Jan – Dec 2020 |
5,395 |
161 |
|
Jan - Dec 2021 |
4,658 |
121 |
|
Jan – Nov 2022 |
4,409 |
64 |
|
TOTAL |
14,751 |
356 |
The FSPO is the statutory body established to resolve complaints about the conduct of financial service providers and pension providers, where those complaints have not previously been resolved.
Section 51 of the Act sets out the relevant time limits within which a complaint must be submitted to the Ombudsman to be deemed eligible.
It prescribes that a complaint that does not relate to a “long-term financial service” shall be made to the Ombudsman not later than 6 years from the date of the conduct giving rise to the complaint.
A complaint about a "long-term financial service" can be made not only within a period of six years of the date of the conduct complained of, but also within a period of three years of a certain "date of knowledge" as prescribed within the Act.
In addition, the Ombudsman has a statutory discretion regarding such complaints to extend the time where there are reasonable grounds for requiring a longer period and it would be just and equitable in all the circumstances to do so.
The Deputy may wish to note that the FSPO’s website contains useful information to assist complainants and providers in understanding the various aspects of the time limits which are relevant to making a complaint.
256. Deputy Louise O'Reilly asked the Minister for Finance the assessment that has been carried out by his Department on a recent European Court of Justice ruling, Judgment of the Court in Joined Cases C-37/20, Luxembourg Business Registers and C-601/20, which seems to call into question the principle of a public register of beneficial ownership; and if he will make a statement on the matter. [62338/22]
Amharc ar fhreagraThe ruling of the Court of Justice of the European Union is that a provision of the EU anti-money-laundering directive, under which information on the beneficial ownership of corporate and other legal entities, held in central registers, must be provided to the general public, is invalid. The court has found that the provision interferes with the rights recognised in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.
Officials from the Department of Finance have engaged with the European Commission and other Member States since this judgement was issued. All relevant Government Departments and agencies are analysing the matter and what actions may need to be taken on foot of same, but in Ireland and in the EU, it is accepted that more time is needed to fully assess the ruling’s implications. Any decisions on this will be informed by further analysis and discussion with EU colleagues in the coming weeks.
Nonetheless, it is the Department of Finance’s assessment that the ruling does not affect access to information by competent authorities or by ‘designated persons’; nor does it affect designated persons’ obligations to conduct customer due diligence.
Arising from the ruling, the Registrar of Beneficial Ownership of Companies and Industrial & Provident Societies (RBO), which operates under the auspices of the Department of Enterprise, Trade and Employment, took the decision to suspend all access to the Register. This situation was temporary and was necessary in order to facilitate an IT solution to provide access to the RBO in accordance with the Court ruling. Access has now been restored for competent authorities and designated persons, with only limited information being available to the general public. The Registrar has been communicating directly with key stakeholders on the current situation.
The Central Bank of Ireland has suspended the processing of access requests by the general public to the Beneficial Ownership Register of Certain Financial Vehicles. The Central Bank of Ireland is actively considering the ruling and is fully engaged with the Department of Finance on this matter.
Of relevance also is the new draft EU anti-money laundering legislative package that has been under negotiation between Member States, since its initial publication by the European Commission in July 2021. On 7 December 2022, the Council of the European Union agreed its position on two parts of this package - a new EU Directive and EU Regulation - and published its mandate for negotiations with the European Parliament (the Council had previously agreed its position on the other elements of the draft package). It can be seen from this mandate that the Council proposes provision for access to beneficial ownership information, by the public, should be on the basis of ‘legitimate interest’. Discussion of this draft legislation with the European Parliament will begin in the new year and agreement is expected to be reached in the first half of 2023.
257. Deputy Jim O'Callaghan asked the Minister for Public Expenditure and Reform the main policy achievements of his Department since 27 June 2020; and if he will make a statement on the matter. [61655/22]
Amharc ar fhreagraThroughout my tenure as Minister for Public Expenditure and Reform, the staff of my Department have worked collaboratively on a wide range of policies and initiatives to deliver on the strategic goals set out in the Department's Statement of Strategy. This includes the strategic management of well-targeted and sustainable public spending and the negotiation and allocation of €85.9 billion of funding for 2023.
In addition to the Strategy implementation, my Department has also drafted policy in response to the global health pandemic, supporting an equitable, digital and green recovery, blended working arrangements, opening our country to those fleeing a terrible war and the cost-of-living crisis in an appropriate, considered and timely manner to continue to safeguard the sustainability of public expenditure.
Some of the main policy achievements over this period include:
- The publication of the revised National Development Plan (NDP) – the largest and greenest NDP in the history of the State with a particular focus on responding to the key issues of public housing provision and climate.
- The update of the Public Spending Code to strengthen our approach to capital expenditure management. This included the introduction of the External Assurance Process (EAP) and Major Projects Advisory Group (MPAG).
- The publication of the inaugural Public Service Innovation Strategy Making Innovation Real. Our Public Service. Delivering today, shaping tomorrow to guide innovation across the public service.
- The commencement of the Data Sharing and Governance Act 2019.
- The appropriate management of the public service pay bill in recognition of our public servants’ role in delivering crucial, quality frontline services and in response to the rising cost of living.
- Working collaboratively with other Departments in designing the Blended Working Policy Framework.
- The publication of Civil Service Renewal 2030, a ten-year strategy for the Civil Service, and the first three-year action plan under the strategy, Civil Service Renewal 2024.
- Agreement of new Cohesion Policy Legislative Package, enacted on 24 June 2021 through the EU Coordination and Structural Fund.
- Enactment of the Protected Disclosures (Amendment) Act 2022.
- Amendments to the Public Works Contracts and tender templates to address the impact of the public health measures on public works projects and construction material price inflation with the publication of the COVID Cooperation Framework, revised guidelines for Professional Indemnity Insurance levels in Public Works Projects and introduction of the Inflation/Supply Chain Delay Co-operation framework.
- Promoting the Quality Customer Service Initiative across Government to improve service design, delivery and engagement with members of the public.
- Working together with the Department of the Taoiseach and the Department of Finance my Department was responsible for preparing Ireland’s National Recovery & Resilience Plan which was submitted to the European Commission in May 2021. The plan outlines 16 investments and 9 areas for reform under 3 priorities areas.
- As the Designated Body for managing and deciding on the Brexit Adjustment Reserve in Ireland, my Department co-ordinates Ireland's overall policy position on the Reserve under which Ireland received an allocation of over €1 billion, equivalent to just over 20% of the entire Reserve, making Ireland the largest single beneficiary.
- Publication of the Independent Review of the Distribution and Utilisation of National Lottery Funding.
- The publication of 12 Spending Review papers in 2022, following 37 papers in 2021 and 25 in 2020.
- Advancing Green Public Procurement whereby public authorities seek to source goods, services or works with a reduced environmental impact.
- Introduction of the Inflation Co-operation Framework for parties engaged under a public works contract.
- Embedding the Well-being Framework in a systematic way across government policy making in evaluating programmes and reporting progress as well as in setting budgetary priorities as an important complement to existing economic measurement tools).
- Reviewing legislation on ethics in public office which is nearing completion and will result in an amending Bill in the new year.
- Reviewing the legislative provisions surrounding Freedom of Information with a new Bill expected in the new year.
- Working to get the Regulation of Lobbying (Amendment) Bill 2022, which has completed Committee Stage in the Dáil, through the Oireachtas.
- Providing appropriate funding for a whole of Government response to meeting our climate ambitions and Housing for All targets.
- Through a continuum of measures this Department has proactively responded throughout the past year, and continues to do so, with targeted measures to alleviate cost-of-living pressures on households and exposed sectors of the economy.
Please note that full details in relation to the wide-ranging achievements of the Department in respect of its key objectives for 2020 and 2021 are set out in the Department of Public Expenditure Annual Reports, published each year on Gov.ie. Further details in relation to policy achievements in 2022 will be set out in my Department's Annual Report 2022, which will be published in Quarter 2 2023.
The 2020 and 2021 Annual Reports can be found at the following links:
assets.gov.ie/134835/161df9dc-c422-47c4-8f65-b0b9fffe2f33.pdf
assets.gov.ie/228322/cf7a63a8-6bda-43d2-9020-19ac6db63a37.pdf
A broad range of information and updates about the Department's key policy areas are published on its section of the website at the following link:
www.gov.ie/en/organisation/department-of-public-expenditure-and-reform/
