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Written Answers — Public Building Projects: Public Building Projects (7 Dec 2010)

Brian Lenihan Jnr: Under the Public Works Contracts, a State contracting authority is contractually obliged to pay the main contractor in respect of work done. If a main contractor goes into liquidation before a State body has fully paid for work done then Company Law dictates that the debt is still due but is payable to the liquidator, who has specific obligations under Company Law about how to handle the...

Written Answers — Public Building Projects: Public Building Projects (7 Dec 2010)

Brian Lenihan Jnr: The information sought by the Deputy is held by the individual contracting authorities concerned. They are not currently required to pass this information to the Department of Finance. I will seek to have the data compiled and communicated as soon as may be to the Deputy.

Written Answers — Tax Code: Tax Code (7 Dec 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that there is currently no outstanding PAYE refund on record for the person in question. If the person in question requires further information they can contact Phil Reid in the Kilkenny Revenue office at 056 7783778.

Written Answers — Bank Guarantee Scheme: Bank Guarantee Scheme (7 Dec 2010)

Brian Lenihan Jnr: A guarantee has been provided for the Off-Balance Sheet (OBS)/ derivative exposures of Anglo Irish Bank. This includes foreign exchange instruments, interest rate instruments and other hedging arrangements. Anglo is the only institution that has availed of such a guarantee. As with all banks, Anglo Irish Bank is exposed to a number of risks and uncertainties in the normal course of its...

Written Answers — Bank Guarantee Scheme: Bank Guarantee Scheme (7 Dec 2010)

Brian Lenihan Jnr: Information provided by the covered institutions in respect of covered liabilities guaranteed under CIFS related to senior unsecured debt in aggregate, a category that comprised medium-term notes and other senior debt such as commercial paper and certificates of deposits. The total amount of senior unsecured debt as at 30 September 2008 was in the region of €124 billion. A further €12...

Written Answers — Debt Card Charges: Debt Card Charges (7 Dec 2010)

Brian Lenihan Jnr: I understand the Deputy is referring to charges imposed on merchants by acquirers (in point-of-sale transactions, the entity (usually a bank) to which the acceptor (usually a merchant) transmits the information necessary in order to process the card payment) for the use of debit cards at the point of sale which are issued by certain international card schemes, and not the fees currently being...

Written Answers — Bank Guarantee Scheme: Bank Guarantee Scheme (7 Dec 2010)

Brian Lenihan Jnr: The figures for the amounts of bonds outstanding in the Irish banking sector have not been published by the Department of Finance owing to market sensitivities and this response should not be taken as endorsing the figures quoted in the report. The main reason that bonds are not guaranteed under the Credit Institutions (Eligible Liabilities Guarantee) Scheme 2009 (the "ELG Scheme") is that...

Written Answers — Industrial Disputes: Industrial Disputes (7 Dec 2010)

Brian Lenihan Jnr: I am pleased to inform the Deputy that there is no industrial action, including work to rule presently being engaged in by staff of my Department.

Written Answers — Croke Park Agreement: Croke Park Agreement (7 Dec 2010)

Brian Lenihan Jnr: I am happy that the approach adopted in answering the question was appropriate. I answered the Parliamentary Questions tabled on behalf of fellow Ministers in relation to the Croke Park Agreement as my Department prepared the overall Civil Service and State Agency Action Plan, the contents of which apply to all Departments. This plan was based upon the action plans submitted by each...

Written Answers — Property Valuations: Property Valuations (8 Dec 2010)

Brian Lenihan Jnr: I should point out that the Commissioner of Valuation is independent in the exercise of his duties under the Valuation Act 2001 and I, as Minister for Finance, have no function in decisions in this regard. Under section 28 (4) of the Act, a Revision Officer of the Commissioner may carry out a revision of valuation in relation to a particular property only if a material change of...

Written Answers — Tax Code: Tax Code (8 Dec 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that the person concerned did not pay tax during the years 2006 and 2007. While she did pay tax during the year 2008 no refund is due. For the year 2009 a tax refund is due and will issue shortly to the person concerned.

Written Answers — State Bodies: State Bodies (8 Dec 2010)

Brian Lenihan Jnr: The information requested by the Deputy in relation to bodies under the aegis of my Department is as follows: National Treasury Management Agency With the exception of the Chief Executive, all staff of the National Treasury Management Agency (NTMA) have individual contracts of employment which are negotiated on an individual contract basis by the Agency and are confidential. The remuneration...

Written Answers — Public Private Partnerships: Public Private Partnerships (8 Dec 2010)

Brian Lenihan Jnr: Under the terms of the present delegated sanction arrangements covering capital expenditure, the approval of the Department of Finance must be sought by a line department before it can enter into a new contractual arrangement for a PPP project. That approval process assesses the affordability of the project having regard to agreed financial allocations. In light of the recently agreed...

Written Answers — Tax Code: Tax Code (8 Dec 2010)

Brian Lenihan Jnr: I have been advised by the Revenue Commissioners that a refund of stamp duty under the relief available for transfers to young trained farmers can be granted where the purchasers meet, in full, the qualifications and conditions set down in Section 81A(8) Stamp Duties Consolidation Act 1999. As both of the purchasers did not meet these conditions in full and as they were not spouses at the...

Written Answers — Tax Relief: Tax Relief (8 Dec 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that interest is allowed in computing trading profits or losses, including profits or losses arising in a construction or property development trade, to the extent that it is incurred wholly and exclusively for the purposes of the trade involved. As with other trading deductions, interest is allowable based on accounting principles and where an...

Written Answers — Tax Relief: Tax Relief (8 Dec 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that the relevant information available is in respect of the estimated cost of mortgage interest relief on borrowings for the purchase, repair, development or improvement of a principal private residence and also for interest on borrowings used in the purchase, improvement or repair of a rental property. The available information is set out in the...

Written Answers — Tax Code: Tax Code (8 Dec 2010)

Brian Lenihan Jnr: As outlined in my previous response the vehicle that is the subject of this question was granted a permanent exemption from the payment of VRT in November 2010 under Section 134 (1)(a) of the Finance Act 1992. The exemption was granted to the registered owner of the vehicle and, accordingly, under the conditions detailed in Regulation 4(6) of Statutory Instrument No. 59 of 1993, the...

Written Answers — Tax Code: Tax Code (8 Dec 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that the cost to the Exchequer of applying the Farmers Flat Rate refund scheme is tentatively estimated as follows: Year €m 2006 195 2007 209 2008 229 2009 244 2010 180 The figures of aggregated VAT refunds made to VAT unregistered farmers under the VAT (Refund of Tax) (No. 25) Order 1993 in respect of capital investments and certain...

Order of Business (9 Dec 2010)

Brian Lenihan Jnr: We have a place called the High Court.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2010: Second Stage (9 Dec 2010)

Brian Lenihan Jnr: I move: "That the Bill be now read a Second Time." The Financial Emergency Measures in the Public Interest (No 2) Bill 2010 gives legislative effect to a number of the important measures decided on by the Government and announced in the national recovery plan and budget 2011. These are difficult but necessary measures which Ireland must take to secure the budgetary position and promote...

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