Oireachtas Joint and Select Committees

Thursday, 30 May 2019

Public Accounts Committee

Business of Committee

9:00 am

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail) | Oireachtas source

That is why I am putting it on the public record. The public might not appreciate the significant nuances around this. We also asked about enforcement. Up to 2018, all operators were fully compliant with their obligations but in 2018, two operators failed to comply with their obligations to surrender emissions trading allowances to cover their emissions for 2017. The two operators were St. James's Hospital and Vodafone. The EPA proceeded with enforcement action under EU regulations which resulted in a penalty for St. James's Hospital of €210,000 and the agency is working with St. James's Hospital on a payment plan. It is extraordinary that our health services are involved in non-compliance with EU emissions trading regulations. The penalty for Vodafone was €51,000, which has been paid in full.

The final point was on a question I asked about whether people applying for planning permission had to apply for a waste licence first.

It says that people can do either but the EPA is required in cases involving an environment impact assessment or an environmental impact assessment report to ensure that the grant of planning permission has been made before they grant the licence. We will note and publish that comprehensive reply and I thank the EPA. It is an example of an organisation which comes before the committee with good information and which comes back with a comprehensive reply when asked for information. We would like all other State organisations to follow suit and to do so in a timely manner, as the EPA has done. We will note and publish that.

No. 2185 B is from Mr. Robert Watt, Secretary General, Department of Public Expenditure and Reform, dated 22 May 2019, provides comparative information requested by the committee regarding the cost of accommodating individuals in direct provision centres and in nursing homes under the fair deal scheme. We will note and publish this. It relates to how much money someone residing in a nursing home can retain for personal use and a comparison with how much a person living in direct provision has for personal use. I think it is approximately €30 in both cases.

No. 2186 B is from Mr. Mark O'Mahony, commissioner, the Tax Appeals Commission, dated 22 May 2019, provides clarification requested by the committee in relation to the bimonthly progress update which we considered at our last meeting on 16 May 2019. I did not understand its contents. The commission is saying that when it came before the committee last year, the number of cases on hand had a total quantum of €1.7 billion. I emphasise, that is not necessarily €1.7 billion due in tax, some of it might have been paid and there might be refunds due. Cases with a value of €2.1 billion were lodged with the Tax Appeals Commission in the last week of December last year, which means it now has €3.7 billion worth of cases on their books. That is a phenomenal figure. Two of the big ones have €1.6 billion are before the courts so the commission is precluded from dealing with them until those cases have concluded. It is an example of the complex cases arising in the commission. We will note and publish that letter and it is good to get clarification.

No. 2188 B is from Ms Dee Forbes, director general, RTÉ, dated 24 May 2019, in response to our request for further information regarding the review of employment contracts. Ms Forbes reiterates that the review of the 433 contractors providing services to RTÉ concluded that the majority of those reviewed were appropriately engaged and classified as freelancers or contractors. It also concluded that the cases of 157 individuals were in need of further review. Ms Forbes advises that RTÉ has commenced discussions with individual contractors and that this process will continue into the second half of 2019. She states that RTÉ cannot accept that anybody should be described as being on a "bogus self-employment" contract - a remark to that effect might have been made - and that RTÉ has at all times acted in good faith with respect to this matter. We will continue to monitor this issue and will request a further update at the end of July.

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