Written Answers Nos. 73-92
  National Standards Authority of Ireland
  Brexit Issues
  Foreign Direct Investment
  Research Centres Programme
  Disabled Drivers and Passengers Scheme
  Liquor Licence Data
  Tax Data
  Tax Data
  Disabled Drivers and Passengers Scheme
  NAMA Operations
  Flood Relief Schemes
  Heritage Sites
  Office of Public Works Properties
  Office of Public Works

Wednesday, 11 October 2017

Dáil Éireann Debate
Vol. 960 No. 2
Unrevised

Written Answers Nos. 73-92

National Standards Authority of Ireland

 73. Deputy Maria Bailey   asked the Tánaiste and Minister for Business, Enterprise and Innovation   the reason the NSAI appear unwilling to accept that the method of measuring the aperture of vehicles to establish compliance with EU Regulation 678/2011 is open to interpretation in view of the report by a person (details supplied) which has been furnished to the NSAI. [43123/17]

Tánaiste and Minister for Business, Enterprise and Innovation (Deputy Frances Fitzgerald):   The National Standards Authority of Ireland (NSAI) is the National Type Approval Authority for motor vehicles appointed under regulations made by my colleague, the Minister for Transport, Tourism and Sport. The relevant regulation is EU Regulation 678/2011, which establishes a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.

In this role, the NSAI carries out European and national type approvals of new unregistered vehicles, and not used vehicles. While working closely with the Revenue Commissioners with regard to the registration of new vehicles, the NSAI has no function in relation to the requirements for used or already registered vehicles, the subjects of the report referred to in this question.

The NSAI also informs me that it conducted a full review of its measuring methodology, equipment and procedures earlier this year and no new matters were identified. Consequently, the Authority is satisfied with the efficacy of its measurements in respect of the criteria contained in EU Regulation 678/2011, for which it has responsibility as a National Type Approval Authority in Ireland.

Brexit Issues

 74. Deputy Brendan Smith   asked the Tánaiste and Minister for Business, Enterprise and Innovation   if specific measures will be introduced to assist businesses in the Border region which have been impacted adversely by the fall in the value of sterling and sectors that are dependent on Northern Ireland and Britain as export markets; and if she will make a statement on the matter. [43143/17]

Tánaiste and Minister for Business, Enterprise and Innovation (Deputy Frances Fitzgerald):   Since the Brexit vote outcome, my Department has had extensive engagement with businesses to understand what they need to help them adapt to the challenges posed by Brexit, not least of which the pronounced currency fluctuations that have been felt in recent months.  

Given that the border counties are particularly exposed to these challenges, InterTrade Ireland, the cross-border body co-funded by the Department, is now offering two vouchers to help businesses seek advice on issues related to currency. 

The first is the Trade Accelerator voucher, offering €1,000 towards the cost of practical advice from experts on specific issues, such as currency management. The second is the Brexit Start to Plan Voucher, which offers up to €2,000 towards professional advice in relation to Brexit matters.  

In Tuesday's Budget, I announced a new Brexit Loan Scheme which will provide affordable working capital financing to Irish businesses that are either currently impacted by Brexit, or will be in the future. The new Scheme will be delivered by the Strategic Banking Corporation of Ireland (SBCI) through commercial lenders to get much needed working capital into Irish businesses.

The new Brexit Loan Scheme aims to make up to €300 million available to businesses of up to 499 employees. The scheme will be open both to development agency clients and those businesses that do not have any relationship with State Agencies.  

My Department is also exploring the development of a longer-term Business Development Loan Scheme which would assist firms in long term investing for a post-Brexit environment. 

The 2017 Action Plan for Jobs has also identified a range of actions to facilitate the resilience of Irish businesses in anticipation of Brexit.  Seventeen actions are aimed at promoting market diversification, improving competitiveness, realising opportunities in foreign markets and attracting research and innovation talent to Ireland.  Three actions focus on the specific sectors of agri-food and tourism which is a very important aspect of cross border trade. All twenty actions will be of benefit to the border region with one of them (Action 13) focusing on delivering economic growth and jobs through the North-South Council and outreach activities.

 The North East/North West Regional Action Plan for Jobs is a key policy response, in the context of Brexit, for supporting employment growth in the Border region. The Plan aims to deliver 28,000 extra jobs in the counties of Cavan, Monaghan, Sligo, Leitrim, Donegal and Louth by 2020. The Plan is stimulating job creation across the region by facilitating collaborative initiatives between the public and private sector.

Enterprise Ireland also continues to support companies, including their many clients in the border counties, on a one to one basis to enhance their competitiveness and capability and build on their success in existing and new markets. Enterprise Ireland’s ‘Brexit SME Scorecard’, a new interactive online platform which can be used by all Irish companies to self-assess their exposure to Brexit, is available on www.prepareforbrexit.ie.  This tool is a starting point for SME management teams looking to develop an action plan to help mitigate risks and leverage opportunities which may arise from Brexit. 

My Department’s Local Enterprise Offices the LEOs are hosting information events around the country for core and non-core clients. These sessions enable companies learn about the potential impacts and opportunities of Brexit, and to engage in a process of strategic planning to ensure their companies have a robust strategy in place.

The LEOs are also now offering a Technical Assistance for Micro-exporters (TAME) grant, designed to help LEO clients to find new markets and exports by part-funding expenditure incurred investigating and researching export markets.

The six LEOs in the Border region are also working together with their Northern Ireland counterparts under the EU Co-Innovate Programme.  The aim of Co-Innovate is to give SMEs from the manufacturing and tradable services sectors in the regions the tools and tailored support to help them to innovate, differentiate and compete successfully.

Finally, the Lean4Micro programme was designed to encourage clients to adopt Lean business principles in their organisation to increase performance and competitiveness.

Foreign Direct Investment

 75. Deputy Brendan Smith   asked the Tánaiste and Minister for Business, Enterprise and Innovation   when decisions are likely to be made in relation to the identification of suitable sites as locations for the establishment of data centres; and if she will make a statement on the matter. [43144/17]

 76. Deputy Brendan Smith   asked the Tánaiste and Minister for Business, Enterprise and Innovation   if centres (details supplied) have been given further consideration in respect of the location of inward investment; and if she will make a statement on the matter. [43145/17]

Tánaiste and Minister for Business, Enterprise and Innovation (Deputy Frances Fitzgerald):   I propose to take Questions Nos. 75 and 76 together.

Earlier this year, IDA Ireland sought submissions from suitable consultants to undertake a study to identify potential strategic land banks in Ireland that would be particularly suitable to accommodate the sustainable development of large scale Data Centre projects. Following this process Jacobs Engineering, supporting by AOS Planning, were appointed to produce this report.

The study, being undertaken to ensure that Ireland continues to be best placed and future proofed to compete for, win and sustain mobile data centre investments of scale, is now approaching its final stages.  The study will evaluate all potentially viable property options nationally, including site availability in Cavan, that are supported by the necessary infrastructure and are compatible in meeting the complex and ever evolving needs of data centre investments.

Over recent years, leading international technology and computing companies have announced significant data centre investments for Ireland and the goal is to ensure that this trend continues. The analysis being undertaken should support those efforts. IDA Ireland, supported by the relevant key stakeholders, will continue to highlight credible and flexible property solutions that form part of the competitive value proposition for this sector.

More broadly, the IDA continues to market County Cavan to relevant FDI opportunities, enquiries and potential investors through our IDA overseas network. IDA Ireland will continue to encourage potential investors to locate in Cavan and in the wider border area.

Research Centres Programme

 77. Deputy James Lawless   asked the Tánaiste and Minister for Business, Enterprise and Innovation   if she has given consideration to the provision of an annual funding scheme for the provision of physical infrastructure such as equipment, buildings, libraries and laboratories untied to specific centres or priority areas to further research activities in third level institutions; and if she will make a statement on the matter. [43136/17]

Minister of State at the Department of Business, Enterprise and Innovation (Deputy John Halligan):   Innovation 2020 contains an action to develop a strategic approach to the development of existing and new research infrastructure programmes. A number of bodies are involved in its implementation, including my own Department. 

Science Foundation Ireland, an agency of my Department runs research infrastructure calls for research equipment to support the research community in the areas determined by the Research Prioritisation process.  Such calls are run periodically and are subject to availability of budget.  In February 2017, Ministers Mitchell O’Connor and Halligan announced a new investment by Science Foundation Ireland of €47.4 million in 36 research infrastructure and facilities projects.  The awards covered areas including Advanced Manufacturing, Drug Delivery; 3D Imaging; Nanotechnology; Future Networks; Big Data; Marine Renewable Energy; Food and the Environment; and Animal & Human Health. 

My colleague, the Minister for Education and Skills, Mr Richard Bruton, TD, announced yesterday (in Budget 2018) that following the Mid Term Review of the Capital Plan, an additional €257 million will be invested in higher education infrastructure and equipment over the period 2018-2021.  This will bring direct capital investment in the sector over that period to €367 million.  This investment will take place in addition to a €200 million Public Private Partnership Programme in projects for the higher education sector.

Disabled Drivers and Passengers Scheme

 78. Deputy Mary Butler   asked the Minister for Finance   if an exception can be made in the case of a person (details supplied) who was recently refused a primary medical certificate on the basis of the strict medical criteria laid down; and if he will make a statement on the matter. [43066/17]

Minister for Finance (Deputy Paschal Donohoe):   The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to a certain limit) on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, payment of a fuel grant, and an exemption from Motor Tax.

  To qualify for the Scheme an applicant must be in possession of a Primary Medical Certificate. To qualify for a Primary Medical Certificate, an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 and satisfy one of the following conditions:

  - be wholly or almost wholly without the use of both legs;

  - be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

  - be without both hands or without both arms;

  - be without one or both legs;

  - be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

  - have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs. 

  The Senior Medical Officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. A successful applicant is provided with a Primary Medical Certificate, which is required under the Regulations to claim the reliefs provided for in the Scheme.

  An unsuccessful applicant can appeal the decision of the Senior Medical Officer to the Disabled Drivers Medical Board of Appeal. The Regulations mandate that the Medical Board of Appeal is independent in the exercise of its functions to ensure the integrity of its clinical determinations. 

Liquor Licence Data

 79. Deputy Peter Burke   asked the Minister for Finance   the number of pubs and licensed premises registered in each license band; and if he will make a statement on the matter. [43088/17]

Minister for Finance (Deputy Paschal Donohoe):   I am advised by Revenue that the following tables set out the number of pubs and licensed premises registered in each licence band and the number of fixed duty licences issued as at 30 September 2017.

Alcohol Licences Issued by Turnover Band

Tax Data

 80. Deputy Joan Burton   asked the Minister for Finance   the number and value of tax appeals in each tax district and division. [43149/17]

 81. Deputy Joan Burton   asked the Minister for Finance   the detail of the €1.534 million currently under appeal between tax paid and which would fall due to be repaid if the Revenue Commissioners lost the appeals and tax not yet paid; and the estimated interest payable on refunds arising if the Revenue Commissioners lost those appeals. [43150/17]

 82. Deputy Joan Burton   asked the Minister for Finance   the amount currently held under appeal by tax head. [43151/17]

 83. Deputy Joan Burton   asked the Minister for Finance   if he will provide an analysis of open tax appeals by tax head, the tax years involved and the date the appeal was made. [43152/17]

 84. Deputy Joan Burton   asked the Minister for Finance   the number of appeals settled by the Revenue Commissioners in each of the years 2014 to 2016 and to date in 2017 by negotiation. [43153/17]

 86. Deputy Joan Burton   asked the Minister for Finance   the number of appeals received by the Revenue Commissioners to date in 2017, by tax head, district and division. [43155/17]

Minister for Finance (Deputy Paschal Donohoe):   I propose to take Questions Nos. 80 to 84, inclusive, and 86 together.

  I am advised by Revenue that it is important to make some general comments in relation to the information collated by it on tax appeals and the sources and limitations of this information. Revenue obtains the information relating to the amount of tax that is ‘held under appeal’ from its IT systems. Outstanding tax liabilities are automatically identified by the presence of an appeal stop marker that is input to suspend the collection of the disputed tax pending the determination of the appeal. This information is contained in Revenue’s ‘stop 16’ database. However, not all appeals involve an outstanding tax liability requiring the input of an appeal stop marker. A second ‘non-stop 16’ database contains such appeals. The information on this second database must be entered manually by Revenue caseworkers. In addition to the outstanding tax balance obtained from Revenue’s IT systems, caseworkers are also required to enter on both databases what they consider to be the amount in dispute in a particular appeal. This may differ from the outstanding tax liability where an appellant has made a ‘protective’ payment in case he or she loses the appeal. This disputed amount figure may not be an outstanding tax liability as such but could be the amount that Revenue may potentially have to repay or forgo should it lose the appeal.

  The information contained in the databases is captured at a particular point in time and is not retrospective or cumulative. It is constantly changing as appeals are finalised either by determination by the Tax Appeals Commission or the Courts or by agreement with Revenue, and as new appeals are received.

  An appeal against an appealable matter may relate to a number of tax periods in respect of the same issue.  Each of these is counted as an individual appeal in the tables below.

  In relation to the number and value of tax appeals in each tax district and division, Revenue has provided this information at a divisional level and not the much more detailed tax district level as it was not possible to do so in the limited time available.  The following table shows the number of appeals with an outstanding tax liability (‘stop 16’ database) and the amount of that tax liability allocated to the relevant Revenue divisions. 

Tax Data

 85. Deputy Joan Burton   asked the Minister for Finance   the number of appeals heard by the Tax Appeals Commission in each month to date in 2017. [43154/17]

Minister for Finance (Deputy Paschal Donohoe):   In response to the Deputy’s request for information on the number of appeals heard by the Tax Appeals Commission (“the TAC”) in each month to date, in 2017, I am advised by the TAC that the position is as follows:

Question No. 86 answered with Question No. 80.

Disabled Drivers and Passengers Scheme

 87. Deputy Dara Calleary   asked the Minister for Finance   if he will review the medical criteria of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 in view of their restrictive nature which in turn excludes persons that suffer from serious and debilitating conditions other than the qualifying conditions disability; if he received representations from other Ministers on the issue; and if he will make a statement on the matter. [43156/17]

Minister for Finance (Deputy Paschal Donohoe):   The Disabled Drivers and Disabled Passengers Scheme provides relief from VAT and Vehicle Registration Tax, an exemption from motor tax and a grant in respect of fuel expenditure, on the purchase of an adapted car for transport of a permanently and severely disabled person within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

  The scheme and qualifying criteria were designed specifically for those with severe physical disabilities and are, therefore, necessarily precise. To qualify for the scheme an applicant must be in possession of a primary medical certificate, which can be obtained if an applicant meets one of the following conditions:

  - be wholly or almost wholly without the use of both legs;

  - be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

  - be without both hands or without both arms;

  - be without one or both legs;

  - be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

  - have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

  After six months an unsuccessful applicant can re-apply if there is a deterioration in their condition.

  From time to time representations are received on behalf of individuals who feel they would benefit from the scheme but do not qualify under the criteria. While I have sympathy for these cases, given the scale and scope of the scheme, I have no plans to expand the medical criteria beyond the six currently provided for in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

NAMA Operations

 88. Deputy Mick Wallace   asked the Minister for Finance   the joint ventures NAMA has entered into with house builders and developers; the name and location of each development; the corresponding developer in question; the number of units developed on each site or plan to be developed; the amount of capital supplied by NAMA for each site or development, in tabular form; and if he will make a statement on the matter. [43196/17]

Minister for Finance (Deputy Paschal Donohoe):   I wish to advise the Deputy that NAMA invests in projects with third parties on a joint venture basis from time to time. I am advised that NAMA takes a minority non-controlling interest in the investment in order to facilitate the delivery of commercial and residential property and in order to achieve the best financial return for the State, as set out in Section 10(2) of the NAMA Act. The list of investments in which NAMA holds equity is set out in the table below as at end-June 2017.

Flood Relief Schemes

 89. Deputy Micheál Martin   asked the Minister for Public Expenditure and Reform   if he has received a report independently commissioned by an organisation (details supplied) carried out by persons that are experts in flood management and climate change; and if he will make a statement on the matter. [43108/17]

Minister of State at the Department of Public Expenditure and Reform (Deputy Kevin Boxer Moran):   The Office of Public Works (OPW) has received in recent days a copy of a report by HR Wallingford commissioned by the “savecorkcity” group to support that group's claims that a tidal barrier for Cork City would cost in the region of €140 million. The report is being considered by the OPW and its technical advisers. The OPW would note that the report addresses the estimated cost of the particular tidal barrier design proposal put forward by “savecorkcity” rather than being a report by HR Wallingford on its own consideration of the potential for and design of a tidal barrier.

From a preliminary review of the Wallingford report, the OPW notes that it lacks detail on cost breakdowns and does not adequately address some fundamental issues such as navigation requirements within Cork harbour or the environmental constraints which would arise due to the proximity of Special Areas of Conservation (SAC) and Special Protection Areas (SPA) in the Harbour and which would be very difficult to overcome. It is also noted that the report sets out the project costs at €165m rather than the figure of €140m being quoted in the media.

In addition, the report does not include for any measures to deal with the fluvial flooding problem which exists through the City up to Inniscarra dam, all of which would still be required even if a tidal barrage was constructed.

As part of the public consultation process on the Lower Lee Flood Relief Scheme, the OPW is committed to producing a comprehensive report on the costs surrounding the potential for a tidal barrier in Cork and this report is currently being finalised by our consultants. Its preliminary findings confirm the previously advised position of the OPW that a tidal barrier is not currently viable and would in fact, cost many times the figures being put forward by the “savecorkcity” group. OPW with its technical advisers will also, as part of this process, undertake a cost estimate of the “savecorkcity” proposal.

Heritage Sites

 90. Deputy Michael Healy-Rae   asked the Minister for Public Expenditure and Reform   if the Skellig Michael island season will be extended (details supplied); and if he will make a statement on the matter. [43139/17]

Minister of State at the Department of Public Expenditure and Reform (Deputy Kevin Boxer Moran):   As I have indicated in response to the Deputy’s previous PQ on this subject on 11th September, I have requested the Office of Public Works to review the position with regard to the opening season at Skellig Michael. This process is underway at present and I would expect that it will be concluded within the next few weeks.

Office of Public Works Properties

 91. Deputy Pearse Doherty   asked the Minister for Public Expenditure and Reform   further to Parliamentary Question No. 103 of 26 September 2017, the reason the purchaser of property sold by the State cannot be identified; the reason so many properties are sold by private treaty rather than auction; and if he will make a statement on the matter. [43053/17]

Minister of State at the Department of Public Expenditure and Reform (Deputy Kevin Boxer Moran):   For the most part, the Commissioners of Public Works (CPW) dispose of State owned property by way of public auction. However, there are occasions when Estate Agents / Auctioneers advise the CPW that private treaty is a more suitable approach to sale. In addition, there can be special purchase arrangements with, for example, Local Authorities, the Health Service Executive and adjoining landowners.

The CPW do not provide personal information relating to purchasers of properties under the Data Protection Acts 1988 – 2003.

Office of Public Works

 92. Deputy Catherine Murphy   asked the Minister for Public Expenditure and Reform   the number of planning applications the OPW has made regarding telecoms masts located on sites that were formerly used as Garda stations by location in each of the past 10 years; and if he will make a statement on the matter. [43057/17]

Minister of State at the Department of Public Expenditure and Reform (Deputy Kevin Boxer Moran):   Under the terms of the licences granted by the Commissioners of Public Works (OPW) to third parties in relation to the installation of telecommunications equipment on the masts at Garda Stations, the Licensees are responsible for any planning applications. OPW has not made any applications for planning permission in respect of telecommunications masts at former Garda Stations.