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Gnáthamharc

Wednesday, 15 Nov 2023

Written Answers Nos. 40-59

Public Transport

Ceisteanna (40)

Catherine Murphy

Ceist:

40. Deputy Catherine Murphy asked the Minister for Transport to provide a breakdown of the number of driver and mechanic staff within Dublin Bus per year between 2018 to 2023, in tabular form. [50071/23]

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 request raised by the Deputy in relation to providing a breakdown of the number of driver and mechanic staff within Dublin Bus per year between 2018 to 2023, 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

Public Transport

Ceisteanna (41)

Catherine Murphy

Ceist:

41. Deputy Catherine Murphy asked the Minister for Transport to provide a report on the NTA’s demand-need assessment along the H1 bus route. [50072/23]

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 and timetabling of these services in conjunction with the relevant transport operators. demand

In light of the Authority's responsibility in this area, I have forwarded the Deputy's request in relation to providing a report on the NTA’s demand-need assessment along the H1 bus route, to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.

Public Transport

Ceisteanna (42)

Catherine Murphy

Ceist:

42. Deputy Catherine Murphy asked the Minister for Transport the number of permits that DAA issued for taxi-picks up at Dublin Airport to date in 2023; and the average processing time for the issuing of a permit for taxi drivers for the airport. [50073/23]

Amharc ar fhreagra

Freagraí scríofa

As the deputy will be aware, daa has the statutory responsibility to operate, manage and develop Dublin Airport including the issuing of taxi permits.

Accordingly, as the issue raised by the deputy is an operational one, I have forwarded your request to daa for a direct response. If a response is not received within 10 days, please contact my private office.

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

Road Projects

Ceisteanna (43)

Michael Creed

Ceist:

43. Deputy Michael Creed asked the Minister for Transport the proposals, if any, his Department is considering for funding of the TII for improvements on the N22 between Macroom and Ballincollig; and if he will make a statement on the matter. [50091/23]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, I have responsibility for overall policy and exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the operation and management of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code and the necessary statutory approvals. In this context, TII is best placed to advise you.

Noting the above position, I have referred your 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

Military Aircraft

Ceisteanna (44)

Paul Murphy

Ceist:

44. Deputy Paul Murphy asked the Minister for Transport to give a complete overview of the process that the US military must follow when moving personnel through Irish Airports on US Military chartered flights and to provide any/all records of US personnel transiting through Irish airports since January 2022 [50105/23]

Amharc ar fhreagra

Freagraí scríofa

Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, the carriage of munitions of war on civil aircraft in Irish sovereign territory is prohibited, unless an exemption to do so is granted by the Minister for Transport. The Orders relate to the carriage of “munitions of war” and do not impose any requirement on aircraft operators regarding the transportation of military personnel. As such, my Department does not request information from civil air operators on the number of troops/passengers on board aircraft that transit Irish airports.

I have forwarded your question to the Shannon Airport Group with a request that it provides the Deputy with data on troop passenger numbers.

If you do not receive a reply from Shannon Airport Group within ten working days, please contact my private office.

A referred reply was forwarded to the Deputy under Standing Order 51
Question No. 45 answered with Question No. 35.

Coast Guard Service

Ceisteanna (46)

Alan Dillon

Ceist:

46. Deputy Alan Dillon asked the Minister for Transport if he will provide an update on a matter (details supplied); and if he will make a statement on the matter. [50109/23]

Amharc ar fhreagra

Freagraí scríofa

The construction and maintenance of Irish Coast Guard Buildings is delivered by the Office of Public Works. The programme of work is managed and funded by my Department.

I am happy to report that there has been steady progress on the new Coast Guard Station for Westport. The construction tender process is in the final stages and it is anticipated that works will commence on site during Q1 2024. The completion timeframe for the new build is 18 months.

Coast Guard Service

Ceisteanna (47)

Alan Dillon

Ceist:

47. Deputy Alan Dillon asked the Minister for Transport if he will provide an update on a matter (details supplied); and if he will make a statement on the matter. [50110/23]

Amharc ar fhreagra

Freagraí scríofa

The Irish Coast Guard Building Programme is delivered by the Office of Public Works (OPW) and funded by my Department. The provision of a new station building for the Ballyglass/ Belmullet Coast Guard Unit is part of the new build programme. OPW are currently working to identify the most suitable site to provide this facility for the Unit.

OPW’s internal Property Acquisition Section (PAS) has recently completed a full trawl and investigation of the market to identify any possible options that would be suitable to provide a new facility for the unit.

OPW Property Management has received a report from PAS outlining a number of possible options and a senior architect has been appointed to the project team to carry out the feasibility studies of these sites. This process is currently underway and Property Management are expecting feedback in the next few weeks.

Rail Network

Ceisteanna (48)

Kathleen Funchion

Ceist:

48. Deputy Kathleen Funchion asked the Minister for Transport the reason there is not a commuter train service from Kilkenny to Waterford to get people to Waterford city for 9am; and if he will make a statement on the matter. [50194/23]

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 operations of public transport.

The issue raised by the Deputy concerning the timetabling of an earlier service on the Kilkenny to Waterford rail route is an operational matter for the National Transport Authority (NTA) in conjunction with Iarnród Éireann. Therefore, I have referred the Deputy's question to Iarnród Éireann for a direct reply. Please contact my private office if you do not receive a reply within 10 days.

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

Driver Licences

Ceisteanna (49)

Michael Healy-Rae

Ceist:

49. Deputy Michael Healy-Rae asked the Minister for Transport what the holdup is on issuing a certificate (details supplied); and if he will make a statement on the matter. [50227/23]

Amharc ar fhreagra

Freagraí scríofa

All enquires relating to driver certification of professional competence (CPC) are handled by the Road Safety Authority (RSA) under the relevant legislation. My department does not have access to individual applications.

Due to data protection rules regarding the sharing of personal data, you will need to contact the RSA directly on this matter.

A complaint can be made by email through the RSA website here: www.rsa.ie/help-support/online-support-centre.

In the section “Do you have a different query”, select “contact us” as the category, “make a complaint” as the topic, and “I wish to make a complaint” as the subtopic. Alternatively, the RSA can be contacted on 096 25000.

Financial Services

Ceisteanna (50)

Catherine Murphy

Ceist:

50. Deputy Catherine Murphy asked the Minister for Finance the number of vacant WTE staff, by job title, in the Office of the Financial Services and Pensions Ombudsman as of 8 November 2023; the estimated full-year cost of filling these vacancies; and when these vacancies will be filled, in tabular form. [50069/23]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the FSPO that it has recently concluded recruitment processes in respect of most of these positions. The start dates agreed with the successful candidates are included in the final column.

Number of Vacancies

Job Title

Grade

Salary at PT 1 - Circular 11/2023

Vacancies Filled – Start Date

1

Director of Corporate Communications Services

PO

€98,665

08/01/2024

1

Senior Compliance Manager

AP

€75,822

20/11/2023

1

Legal Services Manager

HEO

€54,764

23/11/2023

2

Investigation Officers

EO

€34,562

20/11/2023

2

Assessment Officers

EO

€34,562

20/11/2023

1

Dispute Resolution Officer

EO

€34,562

20/11/2023

1

Dispute Resolution Officer

EO

€34,562

02/01/2024

EU Directives

Ceisteanna (51, 52, 53, 54, 55, 56)

Mattie McGrath

Ceist:

51. Deputy Mattie McGrath asked the Minister for Finance to explain the reasons for delays in transposing EU Directive 2167 of 2021 into Irish law; and if he will make a statement on the matter. [50174/23]

Amharc ar fhreagra

Mattie McGrath

Ceist:

52. Deputy Mattie McGrath asked the Minister for Finance if he will accept that each day he delays signing the EU Directive 2167 of 2021 into Irish law, it results in family homes and farms which could otherwise remain with borrowers under forbearance arrangements being lost to banks and vulture funds; and if he will make a statement on the matter. [50175/23]

Amharc ar fhreagra

Mattie McGrath

Ceist:

53. Deputy Mattie McGrath asked the Minister for Finance to provide a specific date by which he expects to have EU Directive 2167 of 2021 transposed into Irish law; whether this will be done by ministerial order or primary legislation; and if he will make a statement on the matter. [50176/23]

Amharc ar fhreagra

Mattie McGrath

Ceist:

54. Deputy Mattie McGrath asked the Minister for Finance if he will investigate or instruct the Central Bank to investigate the interest rate gouging undertaken by vulture funds, which contradicts the objectives of EU Directive 2167 of 2021; and if he will make a statement on the matter. [50177/23]

Amharc ar fhreagra

Mattie McGrath

Ceist:

55. Deputy Mattie McGrath asked the Minister for Finance if he will publish the submission made by the Central Bank for the public consultation on the Credit Servicers Directive; and if he will make a statement on the matter. [50179/23]

Amharc ar fhreagra

Mattie McGrath

Ceist:

56. Deputy Mattie McGrath asked the Minister for Finance the number and specific details (including the name of the institution, date, and topics discussed) of any meeting or discussion he has had with a bank, credit service firm, vulture fund or their representatives in 2022 and 2023; and if he will make a statement on the matter. [50180/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 51, 52, 53, 54, 55 and 56 together.

The Credit Servicers Directive (EU 2021/2167) (‘the Directive’) primarily provides for a common EU framework for the transfer and management of bank-originated non-performing loans, including mortgages, which are transferred or sold after 29 December 2023. It sets out an EU-wide regulatory arrangement for both the purchasers and servicers of such credit agreements and in particular provides for a new EU authorisation framework for ‘credit servicers’ to be overseen by national competent authorities, which in the case of Ireland will be the Central Bank of Ireland. Any entity authorised under this framework will have the right to passport credit servicing activities across the EU based on a home Member State authorisation.

In addition, the Directive makes certain amendments to the Consumer Credit Directive (2008/48/EC) and the Mortgage Credit Directive (2014/17/EU) which will, inter alia, impose obligations on creditors to have adequate policies and procedures so that they will be required to exercise reasonable forbearance before initiating enforcement proceedings and which shall take into account, among other elements, the consumer’s circumstances.

My Department conducted a public consultation on the national discretions available in the Directive between January and March 2023. All of the submissions received in response to that public consultation, and the decisions made on each of the national discretions, were published on the Department’s website in June 2023.

The Central Bank did not make a formal submission to that consultation process but it is working closely with my Department on the transposition of the Directive. As indicated in the document setting out the decisions on each of the discretions, those decisions remained subject to change in the context of the finalisation of the transposition of the Directive.

The Directive, which requires Member States to adopt and publish the laws, regulations and administrative provisions necessary to comply with the Directive by 29 December 2023 and to apply those measures from 30 December 2023, will be transposed by way of a Ministerial regulation made under the European Communities Act 1972. Accordingly, there has been no delay in the transposition of the Directive and my Department is working with the Attorney General’s Office to meet this transposition date.

I would add that the current consumer protection framework already requires regulated entities to work with and assist a personal consumer in resolving arrears on a loan. In particular, in respect of a loan secured on a primary residence, the Code of Conduct on Mortgage (CCMA) arrears provides that, prior to initiating legal proceedings, a regulated entity must make every reasonable effort to agree an alternative repayment arrangement with a co-operating borrower. Any legal proceedings may only be commenced after the time periods as set out in the CCMA have expired.

The Deputy may also wish to note that there is no provision in the Directive regarding the regulation of retail interest rates. The formulation and implementation of monetary policy, including the setting and adjustment of official interest rates, is an independent matter for the European Central Bank (ECB). The setting of retail interest rates, which will be influenced by the level of official interest rates but also by other general economic and firm specific factors such as the cost of funds, capital requirements, loan default risk, operational costs, expected return and competition, is a commercial matter for individual firms. I have no function or role in such business decision making matters by financial institutions.

Nevertheless, the Government recognises the difficulties that increasing interest rates, and the rise in the cost of living more generally, is having for some mortgage borrowers. From a regulatory perspective the Central Bank has put in place a range of measures in order to protect consumers. This seeks to ensure that regulated entities are transparent and fair in all their dealings with borrowers and that borrowers are protected from the beginning to the end of the mortgage life cycle.

Specifically, in relation to variable rate mortgage holders, the Central Bank Consumer Protection Code requires mortgage creditors to explain to borrowers how their non-tracker variable interest rates have been set and to clearly identify the factors which may result in changes to variable interest rates. It also increased the level of information lenders are required to provide their customers including where there is a possibility for the borrower to move to a lower ‘loan to value’ interest rate band and signpost the borrower to the Competition and Consumer Protection Commission's mortgage switching tool.

Also, Budget 2024 provided for a one-year mortgage interest tax relief scheme for homeowners with an outstanding mortgage balance on their principal private residence of between €80,000 and €500,000 on 31 December 2022. Qualifying homeowners will be eligible for mortgage interest tax relief in respect of the increased interest paid on that loan between the calendar year 2022 compared to the calendar year 2023 at the standard rate of income tax, capped at €1,250 per property.

In relation to information on meetings with banks, retail credit firms, investment firms or their representatives in 2022 and 2023, I will compile this information and forward it to the Deputy as soon as possible. However, in advance the Deputy may wish to note that on 31 August 2023 I met with mortgage industry including the Banking and Payments Federation Ireland (BPFI), CEOs and senior representatives of all the main mortgage lenders and servicers.

I made it clear that banks and all other regulated mortgage entities should be fully aware of the significant challenges that some of their customers are facing and that lenders and servicers should respond by assisting their customers who are experiencing difficulty. In relation to customers’ ability to switch to another provider to avail of a more advantageous mortgage interest rate, I also highlighted that greater clarity should be provided to customers on the possibility of switching provider and that this option should be fully supported by all mortgage entities, including the existing mortgage creditor. Further,

I supported the steps taken by the Central Bank to ensure that firms proactively deal with emerging difficulties for their customers since the increase in interest rates. The Central Bank requires firms to enhance the range of supports available to borrowers in or facing arrears and to have sufficient operational capacity to manage applications by borrowers to switch their mortgage or mortgage provider.

Arising from that meeting, on 6 September the BPFI announced a number of further initiatives by the mortgage industry. This included:

• a second phase of a ‘Dealing With Debt’ campaign to highlight new and existing supports for concerned mortgage customers;

• mortgage servicing firms and MABS to collaborate on an expansion of streamlined customer engagement framework; and

• the provision of initial eligibility criteria by the main lenders to provide clear guidelines for home mortgage customers of credit servicing firms who are seeking to switch their mortgage.

This means that, for the first time, there is now an agreed industry wide set of initial eligibility criteria to facilitate people switching their mortgage from a non-bank to a bank. Credit servicing firms have committed to working with these criteria to support their customers switching and to ensure they are aware that they may have options to switch their mortgage. The main mortgage broker representative bodies, Brokers Ireland and the Association of Irish Mortgage Advisors, have also agreed to communicate these criteria to borrowers seeking to switch their home loans.

In order to be eligible to switch under these guidelines, customers need to be making full capital and interest repayments on their mortgage. In addition, customers must have no arrears on their home mortgage or any other lending in the past two years. Once customers meet these and other initial criteria, applications will be assessed on a case-by-case basis in line with individual lender credit policy. Decisions on credit provision will be a commercial matter for an individual lender.

Question No. 52 answered with Question No. 51.
Question No. 53 answered with Question No. 51.
Question No. 54 answered with Question No. 51.
Question No. 55 answered with Question No. 51.
Question No. 56 answered with Question No. 51.

Interest Rates

Ceisteanna (57)

Michael Ring

Ceist:

57. Deputy Michael Ring asked the Minister for Finance if anything will be done to control interest rates charged by financial institutions (details supplied); and if he will make a statement on the matter. [50193/23]

Amharc ar fhreagra

Freagraí scríofa

The formulation and implementation of monetary policy is an independent matter for the European Central Bank (ECB). The level of official interest rates influences the overall level of interest rates throughout the economy but other factors, such as the cost of funds, capital requirements, loan default risk, operational costs, expected return and competition, will also have a bearing on the level of retail interest rates in an economy. These are commercial matters for individual firms and, therefore, the setting of retail lending rates by individual firms is a business matter for those firms and I have no function or role in such decision making matters by financial institutions.

Nevertheless, the Government recognises the difficulties that increasing interest rates, and the rise in the cost of living more generally, is causing for some mortgage borrowers. From a regulatory perspective the Central Bank has put in place a range of measures in order to protect consumers. This framework seeks to ensure that regulated entities are transparent and fair in all their dealings with borrowers and that borrowers are protected from the beginning to the end of the mortgage life cycle.

Specifically, in relation to variable rate mortgage holders, the Central Bank's Consumer Protection Code requires mortgage creditors to explain to borrowers how their non-tracker variable interest rates have been set and to clearly identify the factors which may result in changes to variable interest rates.

The Central Bank also increased the level of information lenders are required to provide their customers including where there is a possibility for the borrower to move to a lower ‘loan to value’ interest rate band. Lenders must also signpost the borrower to the Competition and Consumer Protection Commission's mortgage switching tool.

The Central Bank is also engaging with firms on the operation of specific aspects of the consumer protection framework. Regulated firms must enhance the supports available to borrowers who are in or facing arrears. Regulated firms must have sufficient operational capacity in place to manage applications by borrowers to switch their mortgage or mortgage provider. Increases in mortgage interest rates must be in line with mortgage terms and conditions, firms’ published variable rate policy statements and the regulatory framework for which the Central Bank is responsible.

In this regard, the Central Bank has indicated that it has not seen interest rate increases that are contrary to customers’ terms and conditions and that non-lending firms are broadly increasing rates for variable rate loans as ECB monetary policy and wholesale rates have trended higher.

Building on the work of the Central Bank, I recently met the CEOs of banks and other mortgage entities and indicated that they should support their customers at this time of increases in the cost of living and rising interest rates. In response, on 6 September last, the industry then outlined a number of further measures to assist their customers experiencing difficulty and provided further clarity on eligibility criteria for switching mortgages such as:

• a second phase of a ‘Dealing With Debt’ campaign to highlight new and existing supports for concerned mortgage customers;

• mortgage servicing firms and MABS to collaborate on an expansion of streamlined customer engagement framework; and

• the provision of initial eligibility criteria by the main lenders to provide clear guidelines for home mortgage customers of credit servicing firms who are seeking to switch their mortgage.

In addition, as the Deputy is aware, Budget 2024 provided for a one-year mortgage interest tax relief scheme for homeowners with an outstanding mortgage balance on their principal private residence of between €80,000 and €500,000 on 31 December 2022. Qualifying homeowners will be eligible for mortgage interest tax relief in respect of the increased interest paid on that loan between the calendar year 2022 compared to the calendar year 2023 at the standard rate of income tax, capped at €1,250 per property.

On the issue of controlling retail interest rates, the Central Bank has indicated significant concerns at the prospect of policy interventions that seek to administratively regulate the setting of retail interest rates by financial institutions. This is grounded on the appropriate responsibility for the management of risk as a core function of the financial system, the need to ensure a competitive market for consumers, the risk of interfering with the transmission of the ECB's monetary policy transmission mechanism and the importance of fair price formation in an open market.

The Retail Banking Review report, concluded in 2022, did not recommend action that would seek to cap or otherwise administratively manage the price of mortgage credit. I believe that measures to cap or regulate retail interest rates has the potential for creating unintended consequences for current and future mortgage holders and that the consumer protection framework and supports available are the most appropriate means to support borrowers who are experiencing difficulties due to increased interest rates.

Housing Schemes

Ceisteanna (58)

Fergus O'Dowd

Ceist:

58. Deputy Fergus O'Dowd asked the Minister for Finance to review concerns raised by a person in respect of the situation of single applicants (details supplied) and their struggles accessing the help to buy scheme; and if he will make a statement on the matter. [50217/23]

Amharc ar fhreagra

Freagraí scríofa

The Help to Buy (HTB) incentive is a scheme to assist first-time purchasers with the deposit they need to buy or build a new house or apartment. The incentive gives a refund on Income Tax and Deposit Interest Retention Tax paid in the State over the previous four years, subject to limits outlined in the legislation. Section 477C of the Taxes Consolidation Act 1997 outlines the definitions and conditions that apply to the scheme.

In order to avail of the HTB incentive, the loan-to-value ratio (LTV) for a property must be 70% or more. The HTB scheme, as announced in Budget 2017, was initially intended to be limited to persons who had mortgages with a minimum LTV of 80%. However, Central Bank data indicated that a significant number of first-time buyers take out a mortgage with a LTV of less than 80%. As such, it was decided to amend the scheme in the subsequent Finance Bill to set the minimum LTV at 70% so as to ensure that first-time buyers did not feel compelled to borrow larger amounts than they would have otherwise in order to qualify for the scheme.

Individuals who are in the position of being able to avail of a mortgage at a lower loan-to-value ratio than 70% are considered to have sufficient resources to more than meet the deposit requirements of the macro-prudential rules and thus less in need of assistance from the Exchequer.

In Budget 2024 I announced a proposed amendment in Finance Bill 2023 to the Help to Buy scheme to enhance its interaction with the Local Authority Affordable Purchase Scheme (LAAP). This amendment will enable the use of the affordable dwelling contribution received through the LAAP scheme for the purposes of calculating the 70% loan-to-value requirement, thereby facilitating access to a greater number of LAAP purchasers to the HTB scheme. This change is effective from 11 October 2023 and cannot be claimed retrospectively. I also announced the extension of the scheme for a further year to 31 December 2025.

I have no further plans, at present, to change the LTV requirement.

Revenue Commissioners

Ceisteanna (59)

Michael Healy-Rae

Ceist:

59. Deputy Michael Healy-Rae asked the Minister for Finance to resolve a matter (details supplied); and if he will make a statement on the matter. [50220/23]

Amharc ar fhreagra

Freagraí scríofa

I am advised by Revenue that Income Tax Returns for the years 2021 and 2022 were originally filed online by the taxpayer concerned on 27 June 2023, during which bank details were provided and confirmed by said taxpayer. These bank details were also confirmed by the taxpayer on the 10 July 2023 when they filed an amended Income Tax Return for 2022.

The resulting overpayments in relation to the tax years 2021 and 2022 were issued to the taxpayers nominated bank account on 30 June 2023 and 13 July 2023, details of which Revenue has supplied to the taxpayer to assist them in any engagement with the bank concerned.

Revenue have further advised me that they will engage directly with the person concerned in the coming days.

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