Written Answers Nos. 64-69
64. Deputy Peadar Tóibín asked the Minister for Finance if he will provide in tabular form the percentage of vacant positions on State boards under the aegis of his Department that were filled from the panels created through open application by the Public Appointments Service by year from 2011 to date in 2014. [37489/14]
Amharc ar fhreagraIn relation to the Deputy's question,the following table provides details of vacant positions on State Boards which I make appointment to or on which I make recommendations in respect of appointments.
|
Board Name |
2011 |
2012 |
2013 |
To date 2014 |
Comment |
|
Irish Fiscal Advisory Council |
0 |
0 |
0 |
0 |
All five members of the Fiscal Council were directly appointed with effect from 7th July 2011. I appointed the members having regard to a number of criteria including the desirability of having a mix of appropriate backgrounds (academia, the financial sector/financial markets and public finance), macroeconomic/microeconomic expertise and a strong international dimension. as well as the need to take gender considerations into account. I am satisfied that the appointed members have the mix of skills and experience, including in relation to fiscal affairs, to ensure that the Council will be highly effective in fulfilling its mandate. |
|
National Asset Management Agency |
0 |
0 |
0 |
0 |
To date no appointments have been filled from panels created through open application, although I did seek expressions of interest in positions on the NAMA board in 2012. |
|
Credit Union Restructuring Board (REBO) |
0 |
46 |
0 |
0 |
ReBo was set up on 1 January 2013 and 13 appointments were made to the Board of ReBo from this date. Six of these appointments were made as a result of applications made through the Publicjobs.ie website and all 13 posts were advertised on publicjobs.ie |
|
Irish Financial Services Appeals Tribunal (IFSAT) |
0 |
0 |
43 |
0 |
IFSAT members are appointed by the President on the nomination of the Government. Seven vacancies arose in 2013 as a result of all Tribunall members coming to the end of their term of appointment as set out in legislation. The vacancies were advertised on the Publicjobs.ie website. Three members were re-made through the publically advertised process. |
|
Central Bank Commission |
0 |
0 |
0 |
33 |
In 2014 two members of the Commission were re-appointed. One further member was appointed as a result of a publically advertised process |
|
National Treasury Management Agency |
0 |
0 |
0 |
0 |
|
|
National Pensions Reserve Fund Commission |
0 |
0 |
0 |
0 |
|
|
State Claims Agency Policy Committee |
0 |
0 |
0 |
0 |
|
|
National Development Finance Agency Board |
0 |
0 |
0 |
0 |
|
|
Financial Services Ombudsman Council (FSOC) |
0 |
0 |
0 |
0 |
The FSOC was appointed on 29th October 2008 for a five year period. The Council was reappointed for a 2 year tern up to 28th October 2015 or until the merger of the Financial Services Ombudsman with the Pension Ombudsman has been completed, whichever is the sooner. Due to the merger of the two bodies it wsa considered prudent to retain expertise of the existing Council. |
|
Strategic Banking Corporation Ireland (SBCI) |
0 |
0 |
0 |
0 |
The SBCI has been established with an interim Board for reasons of expedience. It is envisaged that longer term appointments will be made in the coming months and the interim non-executive Board members will cease to holder their positions on the SBCI Board at that time. |
Following the announcement earlier this week relating to the Government agreement of the revised model for Ministerial appointments to State Boards the Public Appointments Service will design and implement a transparent assessment system to support such appointments which will help to ensure that vacancies will be filled by personnel that can perform the role effectively. As I have always endeavoured to appoint those with the requisite levels of expertise to fulfil their roles, this new model will greatly support me in this process.
65. Deputy Terence Flanagan asked the Minister for Finance his views that a company (details supplied) may have breached state aid rules; and if he will make a statement on the matter. [37510/14]
Amharc ar fhreagraIn June this year, the European Commission announced their intention to open formal state aid investigations into a number of companies in Member States of the European Union. This included Ireland's case in respect of the company in question.
As is usual procedure, at the same time as this announcement, the European Commission sent a letter to Ireland in which they outlined what they see as the basis for opening such an investigation and asking for Ireland's response and clarification. A non-confidential version of this letter, known as an "Opening Decision", was published by the European Commission this week. This is simply the next normal procedural step in the State aid investigation process and the purpose of this publication is to give other interested parties the opportunity to submit comments directly to the European Commission.
This whole process is part of a much wider investigation by the European Commission, which is looking at tax rulings and patent boxes in different Member States and which has been on-going for some time.
The Commission have a responsibility to ensure the smooth operation of the single market within the EU and to investigate potential breaches of the comprehensive rules on state aid i.e. the use of state resources in a way that would grant an unfair advantage to a particular undertaking or group of undertakings in a manner that distorts competition within the single market.
In respect of this case, it is important to emphasise that the Commission have only opened a formal investigation at this stage, they have not made a final determination on state aid in respect of Ireland.
For state aid to exist in this case, less tax must have been charged to the company than should have been applied under the normal rules of taxation, and this must have distorted competition within the single market.
Ireland is firmly of the view that there is no state aid in this case and we will continue to defend all aspects of this vigorously.
Ireland has already issued a formal and confidential response to the Commission, addressing in detail the concerns and some misunderstandings contained in the Opening Decision. Ireland welcomed that opportunity to clarify important issues about the applicable tax law in this case and to explain that the company concerned did not receive selective treatment and was taxed fully in accordance with the law.
66. Deputy Terence Flanagan asked the Minister for Finance the position regarding the setting up and operation of the Strategic Banking Corporation of Ireland; and if he will make a statement on the matter. [37512/14]
Amharc ar fhreagraThe Strategic Banking Corporation of Ireland (SBCI) has been established by the Government as a means of ensuring that SMEs in Ireland are provided with sufficient finance for growth. As the Deputy will be aware, the legislation enabling the establishment of the SBCI was passed by the Oireachtas prior to the Summer recess and the SBCI was incorporated as a company in September. The company is already operational with the immediate priorities being the finalisation of the funding arrangements for the company and establishing mechanisms to enable credit to flow quickly to the small business sector. This work is well advanced. Loan agreements with the international funders, KfW and the European Investment Bank, will be signed in the coming weeks. Following that, the SBCI will agree lending terms with traditional bank lenders and new credit providers from beyond the traditional bank sector allowing for the distribution of SBCI funding to the SME sector in Ireland on a prudent basis. I anticipate that the first SBCI funded loans to SMEs should be available for disbursement before the end of this year.
67. Deputy Terence Flanagan asked the Minister for Finance the position regarding funding being provided by a bank (details supplied) to Irish businesses; and if he will make a statement on the matter. [37513/14]
Amharc ar fhreagraThe Strategic Banking Corporation of Ireland (SBCI) has been established by the Government as a means of ensuring that SMEs in Ireland are provided with sufficient finance for growth. As the Deputy will be aware, the legislation enabling the establishment of the SBCI was passed by the Oireachtas prior to the Summer recess and the SBCI was incorporated as a company in September. The company is already operational with the immediate priorities being the finalisation of the funding arrangements for the company and establishing mechanisms to enable credit to flow quickly to the small business sector. This work is well advanced. Loan agreements with the international funders, KfW and the European Investment Bank, will be signed in the coming weeks. Following that, the SBCI will agree lending terms with traditional bank lenders and new credit providers from beyond the traditional bank sector allowing for the distribution of SBCI funding to the SME sector in Ireland on a prudent basis. I anticipate that the first SBCI funded loans to SMEs should be available for disbursement before the end of this year.
68. Deputy Terence Flanagan asked the Minister for Finance his oversight on vulture funds; and if he will make a statement on the matter. [37514/14]
Amharc ar fhreagraPrimary responsibility for the supervisory oversight and regulation of financial institutions, funds and insurance companies rests with the Central Bank of Ireland. If I understand the Deputy's use of the term "vulture funds" to be a reference to the funds which have purchased loan books from banks operating in Ireland in the recent past, there has been some commentary on the need for the protection of consumers especially where the new owners of the loan books are not subject to regulation by the Central Bank.
Of course, where the new owners of the loan books are regulated entities, or become regulated entities, they are subject to regulation and oversight by the Central Bank of Ireland. They must comply with the various Central Bank Codes including the Code of Conduct on Mortgage Arrears.
Where the purchaser of a loan book has not been a regulated entity in Ireland, those companies have committed to voluntarily apply the codes when managing the loan books. Of course, voluntary compliance is not enforceable and ultimately it is the aim of this Government to ensure the same protections are available for all consumers whose loans have been sold.
Therefore, as Minister for Finance, I am committed to bringing forward legislation that protects consumers whose mortgages are sold to unregulated entities. The Government has reiterated this commitment on several occasions. In July and August of this year, my Department ran a public consultation seeking views on its proposed legislation to protect consumers whose loans are sold to unregulated entities.
The Department of Finance received 18 submissions from a range of respondents from the financial services industry, consumer groups, public representatives and individuals and other stakeholders. Officials in my Department are carefully considering the submissions and it is anticipated that legislation will be published by the end of this year.
69. Deputy Michelle Mulherin asked the Minister for Finance the number of new complaints of petrol stretching in County Mayo that Customs and Excise is investigating in each of the past four months; the position regarding these investigations; and if he will make a statement on the matter. [37528/14]
Amharc ar fhreagraI am advised by the Revenue Commissioners that they have received a number of reports of problems relating to petrol quality from around the country in recent weeks. Approximately 12 complaints have been received since June 2014 in relation to suspect petrol quality in Co. Mayo. In general, such reports are followed up as a matter of course and samples sent to the State Laboratory for analysis where officers have reason to suspect Excise Duty fraud.
The recent reports of suspected petrol "stretching" are being investigated by the Revenue Commissioners who have been in contact with the Oil and Motor trade in this regard.
Any illegal activity, such as petrol stretching, would be a matter of serious concern because of the risks to the Exchequer, the threat to legitimate businesses and the damage that can be caused to the vehicles of unsuspecting purchasers of adulterated fuel. Section 102(1A) of the Finance Act 1999 makes it an offence to sell, deliver or use oil on which Mineral Oil Tax at the appropriate rate has not been paid. In the normal course of work, Revenue's enforcement staff take samples of fuel from mineral oil suppliers, including filling stations, to ensure compliance with mineral oil regulations. These samples are sent to the State Laboratory for scientific analysis. I am advised that the scientific analysis process is time consuming and that reports from the State Laboratory in respect of these samples are still awaited by Revenue. If the results of the analysis reveals the presence of any illegal stretching agents, I can assure the Deputy that the Revenue Commissioners will take action and pursue prosecutions against offenders where possible.
Revenue and the oil sector have cooperated very successfully to tackle diesel laundering and I am confident that with this cooperation, and with the supply chain information available to Revenue, the problem of petrol stretching can also be tackled successfully. In this regard it is essential that petrol distributors report on any reduction in the pattern of legitimate supplies of fuel to the retail trade which may indicate that specific retailers are shifting some of their sourcing to laundered or 'stretched' fuel.
Motorists themselves should take care about where they source their petrol from, and report any suspicions concerning the source of adulterated petrol that may have damaged their engines to Revenue. Revenue will investigate such reports and pursue prosecutions against offenders where possible. In that regard, Revenue has recently launched a dedicated section of its website specifically on the shadow economy and this includes an electronic reporting facility for anyone who has information about shadow economy practices such as petrol stretching.
