Written Answers Nos. 127-138
127. Deputy Pearse Doherty asked the Minister for Finance his understanding of the term first-time buyer in the context of the Central Bank's macroprudential rules, the help-to-buy scheme and other schemes in which this term is used; if this is an identical term in all cases; if not, the differences in the terms used; and if he will make a statement on the matter. [16953/17]
View answer128. Deputy Pearse Doherty asked the Minister for Finance if, under the Central Bank's mortgage rules, persons seeking to buy a home with a partner are still classified as non-first time buyers if they have, for example, previously added their name to a mortgage on their parents' home for a short period; and if he will make a statement on the matter. [16954/17]
View answer129. Deputy Pearse Doherty asked the Minister for Finance if a mechanism exists whereby a person deemed not to be a first-time buyer can present a case as to why his or her specific circumstances are exceptional in the context of the Central Bank's mortgage rules and the help-to-buy scheme; and if he will make a statement on the matter. [16955/17]
View answerI propose to take Questions Nos. 127 to 129, inclusive, together.
The statutory framework for the Central Bank of Ireland macro-prudential rules on residential mortgage lending is Regulations made under the Central Bank (Supervision and Enforcement) Act 2013. In this context, S.I. No. 47/2015 (the statutory instrument which implements the mortgage measures) provides that a "first-time buyer" means, "subject to paragraph (2), a borrower to whom no housing loan has ever before been advanced"; (paragraph 2 subsequently provides that where the borrower under a housing loan is more than one person and a housing loan has previously been advanced to any one of those persons, none of those persons is a first-time buyer).
On the Revenue aspect, there are two schemes in the Taxes Consolidation Acts 1997 which provide assistance for first-time purchasers. Section 266A provides for a repayment of DIRT to first-time purchasers and was introduced by the 2014 Finance Act. Section 477C is the new Help-to-Buy scheme that was introduced by the 2016 Finance Act. For the purposes of these provisions, a first-time purchaser is an individual who has not, either individually or jointly with any other person or persons, previously purchased or previously built, directly or indirectly, on his or her own behalf a dwelling.
It is a matter of fact whether an individual meets the requirements as a "first-time buyer" or "first-time purchaser" under the two different statutory frameworks. Where the position is unclear, for example where a person has their name added to a mortgage, the individual should provide full details to their proposed lender or to the Revenue Commissioners as appropriate so that they may consider the position and assist the individual.
Under the Help-to-Buy Scheme, an individual who is aggrieved by a decision made by the Revenue Commissioners to refuse a claim may appeal that decision to the Appeal Commissioners within 30 days of the notice of the decision. Likewise, if an individual is unhappy with a decision made by a regulated financial service provider, the errors and complaints resolution provisions of the Consumer Protection Code will be available, and if necessary a complaint can be submitted to the independent Financial Services Ombudsman.
131. Deputy Catherine Murphy asked the Minister for Finance the number of private investigation firms hired by statutory agencies and-or semi-State agencies under the aegis of his Department in the past five years to date in 2017; the names of the firms; the amount they were paid; if they supplied his Department with a report on completion of their work; if he will provide copies of reports submitted to him from these firms as a result of this engagement; and if he will make a statement on the matter. [16984/17]
View answerI wish to advise the Deputy that of the 18 bodies under the aegis of my Department, 15 have indicated that they have not engaged the services of private investigation firms in the past five years to date in 2017. In relation to the 3 remaining bodies under the aegis of my Department, the Investor Compensation Company Limited and the National Treasury Management Agency* have provided the information sought in respect the services of private investigation companies engaged by them, with details set out in the table below. It was not possible for the Central Bank to provide the information sought in the time available and therefore I will make arrangements to provide the outstanding information in line with Standing Orders.
* The National Treasury Management Agency (NTMA) is designated as the State Claims Agency (SCA) when performing the claims management and risk management functions designated to it under the National Treasury Management Agency Act 1990, as amended. When deemed necessary, in the course of its work and activities, the SCA engages the services of private investigation firms. The material provided by the SCA covers the amounts paid during the period in question.
|
Body |
Number of private investigation firms |
Names of firms and amounts paid |
Report on completion |
|
Investor Compensation Company Limited |
1 |
Global Investigations Limited 2015: €370 |
No |
|
NTMA*
|
34
|
Abbey Investigations Ltd 2012: €4,758 2013: €6,846 2014: €8,459 2015: €23,694 2016: €20,017 2017: €3,140 |
No |
|
ABC Investigations Ltd 2012: €396 2013: €3,691 |
No |
||
|
Absolute Partnership Ltd. 2014: €1,847 |
No |
||
|
Aquila Consultancy Ltd 2012: €1,856 2013: €1,477 |
No |
||
|
Axis Investigations 2012: €801 2013: €9,674 2014: €6,855 2015: €10,585 2016: €20,362 2017: €6,944 |
No |
||
|
Brosnan Investigations Ltd 2013: €359 2015: €1,121 2016: €2,940 2017: €1,439 |
No |
||
|
Canpro King-Reed LP 2012: €4,742 |
No |
||
|
Capital Investigation Agency 2015: €2,614 |
No |
||
|
Celtic Investigations 2012: €5,231 2013: €3,259 2014: €2,595 2015: €4,253 2016: €181 |
No |
||
|
Confidential Investigations Athlone 2012: €4,798 2013: €8,244 2014: €9,455 2015: €2,614 2016: €7,327 |
No |
||
|
Eamonn Gavin Investigations 2015: €923 |
No |
||
|
Edward Moore & Co 2012: €12,920 2013: €782 2014: €2,689 2015: €4,922 2016: €2,496 |
No |
||
|
Enterprise Investigations 2012: €1,584 2013: €4,979 2014: €3,055 2015: €1,471 |
No |
||
|
Fleming Morris & Associates Ltd 2015: €1,196 |
No |
||
|
Foley Detective & Security Agency Ltd 2012: €2,100 2013: €1,313 2014: €1,352 2015: €607 2016: €3,675 |
No |
||
|
G T Investigations Ltd 2013: €2,310 2014: €4,208 |
No |
||
|
G4S Compliance and Investigation 2016: €5,093 2017: €2,331 |
No |
||
|
|
G4S Integrated Services 2013: €185 |
No |
|
|
Hugh Coyle & Associates 2014: €325 |
No |
||
|
ID Investigations 2015: €11,264 2016: €10,576 2017: €4,505 |
No |
||
|
IE Investigations 2012 €18,192 2013: €29,420 2014: €31,909 2015: €11,703 |
No |
||
|
Insurance & General Investigation Service 2012: €21,439 2013: €20,199 2014: €19,550 2015: €12,756 2016: €16,634 2017: €1,584 |
No |
||
|
International Bureau of Intelligence 2012: €5,126 2013: €23,112 2014: €29,528 2015: 7,638 2016: €2,886 |
No |
||
|
International Intelligence Surveillance 2012: €4,890 |
No |
||
|
James Crowley & Associates 2012: €11,850 2013: €21,352 2014: €18,438 2015: €16,749 2016: €5,070 |
No |
||
|
KellKee Services 2014: €460 2015: €663 2016: €1,378 |
No |
||
|
Knight Investigations Ltd. 2012: €3,051 2013: €4,040 2014: €2,959 2015: €3,070 2016: €11,524 2017: €1,714 |
No |
||
|
Naughton Consultancy Services 2012: €11,956 2013: €2,257 2014: €1,175 2015: €2,098 |
No |
||
|
Premier Insurance & Legal Services Ltd 2012: €16,932 2013: €17,472 2014: €21,439 2015: €7,815 2016: €16,070 2017: €12,929 |
No |
||
|
Profile Investigations 2012: €9,038 2013: €2,229 2014: €2,312 2015: €3,100 2016: €2,812 |
No |
||
|
PROTOCOL Security Services 2012: €2,316 2013: €10,605 2014: €6,682 2015: €7,606 2016: €26,584 2017: €5,982 |
No |
||
|
Ryan Corporate Investigations Ltd. 2012: €2,755 2014: €4,662 2015: €1,273 2016: €1,169 |
No |
||
|
Solutions 2013: €2,814 2014: €6,876 2015: €3,545 2016: €968 2017: €1,812 |
No |
||
|
Southern Investigation Services Ltd. 2012: €15,684 2013: €10,621 2014: €16,306 2015: €8,226 2016: €27,436 2017: €4,911 |
No |
The referred reply under Standing Order 42A was forwarded to the Deputy.
132. Deputy Joan Burton asked the Minister for Finance if there is a senior official with designated responsibility for Brexit matters in his Department; if so, the grade of the designated official; the funding allocated to the Brexit unit; the cost to date; the anticipated cost; and if he will make a statement on the matter. [17002/17]
View answer133. Deputy Joan Burton asked the Minister for Finance the number of staff deployed full time in his Department in respect of Brexit; if there is a designated section or unit to deal with Brexit; and if he will make a statement on the matter. [17018/17]
View answerI propose to take Questions Nos. 132 and 133 together.
The Assistant Secretary who heads the EU and International Division of my Department has been designated as the lead official in the Department for Brexit matters. A dedicated Brexit Unit within the EU and International Division was established in July 2016 to oversee and coordinate Brexit work across the entire Department and to act as a key liaison point, in particular with the Departments of the Taoiseach and of Foreign Affairs and Trade. There are currently four staff in the dedicated unit which is led at Principal Officer level. Also, an additional staff member has been assigned to the Permanent Representation to the EU in Brussels specifically to deal with Brexit.
We have appointed lead Brexit coordinators at Principal Officer level across all divisions of the Department. The challenges which we face as a result of Brexit are mainstreamed across all divisions of my Department and this is reflected in business planning.
Brexit resourcing has been managed within existing the paybill allocation. We will continue to monitor the resources needed to respond to specific policy challenges on an ongoing basis.
134. Deputy Róisín Shortall asked the Minister for Finance the rationale for the 2015 decision to restrict credit unions from holding over €100,000 in savings on behalf of members; if he is satisfied that this requirement does not violate competition law in the banking sector; and if he will make a statement on the matter. [17053/17]
View answerMy role as Minister for Finance is to ensure that the legal framework for credit unions is appropriate for the effective operation and supervision of credit unions.
Credit unions are regulated and supervised by the Registrar of Credit Unions at the Central Bank who is the independent regulator for credit unions. Within her independent regulatory discretion, the Registrar acts to support the prudential soundness of individual credit unions, to maintain sector stability and to protect the savings of credit union members.
While it is important to distinguish this division of roles, it is equally important to recognise that both the Registrar of Credit Unions and I, as Minister for Finance, are working together for the safety of members' savings and the security of the credit union sector.
The Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (the Regulations) came into effect on 1 January 2016 following commencement of the remaining sections of the Credit Unions and Co-operation with Overseas Regulators Act 2012 which provided regulation making powers to the Central Bank. These Regulations set out an individual member savings limit of €100,000. The Regulations introduced on 1 January 2016 also provided that credit unions could apply to the Central Bank to retain individual members' savings in excess of €100,000, which were held at commencement of the Regulations and that Credit unions with total assets in excess of €100m could apply to the Central Bank for approval to increase individual member savings in excess of €100,000.
The Central Bank have informed me that it is their duty to ensure that actions taken represent the best overall outcome, from the perspective of ensuring the protection of members' funds by credit unions and safeguarding the stability of the sector. A maximum individual member's savings limit of €100,000 ensures the protection of members' savings and continue to ensure that credit unions' funding is sufficiently diversified and is not dependent on a small number of members. This cap is based on the savings amount protected under the Deposit Guarantee Scheme and would therefore ensure that no member of a credit union would lose any of their savings in the event of a resolution. It is aimed at protecting members' savings and also at protecting the financial stability of the sector, given the wider potential negative impact on the sector of any credit union member losing some of their savings.
The Central Bank have further informed me that in relation to concerns raised regarding competition, they have been provided with specific regulation making powers by the Oireachtas in relation to credit unions. Where the Central Bank regulates one category of regulated entity by imposing specific regulatory requirements which may be different to those imposed on other categories of regulated entities, this simply reflects the nature of the distinct categories of entities involved. As in other areas of the regulatory framework, this limit takes account of the nature, scale and complexity of credit unions and is considered appropriate by the Central Bank at this time given the current credit union business model.
The Competition and Consumer Protection Commission (CCPC) has responsibility for enforcing Irish and EU competition law. More information on their role in this regard is available on their website, www.ccpc.ie.
135. Deputy Joan Burton asked the Minister for Education and Skills his policy on attendance at and participation in the OECD's annual international summit on the teaching profession; and if he will make a statement on the matter. [16836/17]
View answerThe International Summit on the Teaching Profession is just one of a number of initiatives that are organised by the Organisation for Economic Cooperation and Development in the area of education policy. The Summit on the Teaching Profession is organised by the OECD in conjunction with a number of partners, including Education International, the international organisation of teachers’ unions.
My Department engages strongly with officials and researchers at the OECD in the field of education. Ireland is a participant in the OECD’s PISA study and has also contributed to or participated in other research projects. OECD officials are invited to visit my Department to discuss specific issues, and I value the learning opportunities that these visits provide.
I have not made any policy decision regarding participation in the International Summit on the Teaching Profession. In 2017, pressures of other business made it impracticable for me to attend the International Summit on the Teaching Profession. However I would positively consider my future attendance at future summits.
136. Deputy Joan Burton asked the Minister for Education and Skills the details of his Department's work on setting up a relocation panel for permanent primary school teachers who need to relocate but do not wish to resign from their posts; and if he will make a statement on the matter. [16837/17]
View answerThe provisions of the teacher exchange scheme are set out by my Department in Circular Letter 0017/2015 the contents of which were agreed under the auspices of the Teacher Conciliation Council. The Teacher Conciliation Council is part of the scheme of Conciliation and Arbitration for Teachers and was set up to deal with claims and proposals relating to the Terms and Conditions of employment of teachers. The Council is composed of representatives of teachers, school management, the Department of Education and Skills, the Department of Public Expenditure and Reform and is chaired by an official of the Workplace Relations Commission.
The Teacher Exchange scheme is open to primary teachers who are registered with the Teaching Council, have completed probation and who wish to exchange their posts for educational purposes. Educational purposes would include enabling teachers in primary schools to gain experience of teaching in different types of settings. The concept is that teachers will gain a different experience, enrich their knowledge and understanding of their professional work and share this understanding with colleagues.
The minimum period for which an exchange may occur is one year and the maximum is five years.
In 2016 the issue of this limit and the purpose of the scheme was reviewed under the auspices of Teachers Conciliation Council. Having considered the matter and taking into account all circumstances both the union and management partners considered that their preferred option is to retain the existing scheme as set out in the published circular.
However, in response to a request for consideration of a voluntary transfer scheme for Primary Teachers from the Irish National Teachers’ Organisation, I have decided to extend the maximum period for which an exchange may occur for one further year.
This new voluntary transfer scheme is to be considered under the auspices of the Teacher Conciliation Council.
137. Deputy Joan Burton asked the Minister for Education and Skills the percentage of each Accreditation and Co-ordination of English Language Services, ACELS, and a company's (details supplied) schools capacity that is left empty to ensure they have enough capacity to honour the ACELS and the company's learner protection scheme should the need arise; and if he will make a statement on the matter. [16838/17]
View answerACELS (the Accreditation and Coordination of English Language Services) is a voluntary national scheme responsible for the development and management of the recognition and inspection of English language schools. ACELS is operated by Quality and Qualifications Ireland (QQI). My Department does not maintain figures of the occupancy rates within privately operated English language schools.
As part of the regulations governing the operation of ACELS, all schools with ACELS recognition must have learner protection schemes in place. These schemes are underpinned by Statutory Declarations given by the providers.
The company referred to by the Deputy is a long established private association of English language schools. It is a condition of membership of this company that a school holds ACELS recognition.
The company’s learner protection scheme requires its members to provide a guarantee that students enrolled in its schools will be able to complete the course for which they have enrolled, or a similar course, at another member school in the locality.
138. Deputy Joan Burton asked the Minister for Education and Skills his role in the regulation of a company (details supplied), in particular the company's leaner protection scheme; and if he will make a statement on the matter. [16839/17]
View answerThe company referred to by the Deputy is a private association of English language schools and is not subject to regulation by my Department.
The company’s learner protection scheme requires its members to provide a guarantee that students enrolled in its schools will be able to complete the course for which they have enrolled, or a similar course, at another member school in the locality.
