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Written Answers — National Asset Management Agency: National Asset Management Agency (6 May 2010)

Brian Lenihan Jnr: NAMA does not purchase property directly. NAMA purchases eligible loans from participating institutions and manages these loans with the intention of generating the best possible return for the taxpayer. NAMA has the power to enforce security where a borrower whose loan has been transferred is in default. I am advised that to date there has not been enforcement of security by NAMA in respect...

Written Answers — Departmental Correspondence: Departmental Correspondence (6 May 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that they are in the process of examining the case and are awaiting a response from the solicitor acting on behalf of the persons concerned to a request for sight of the deed and other documentation.

Written Answers — Disabled Drivers: Disabled Drivers (6 May 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that an application form (DD1) was received in the Central Repayments Office, Monaghan from the named person on 2nd March 2010. The restriction date on the disposal of this applicant's previous vehicle is 8th May 2010. This restriction date appears on the Vehicle Registration Certificate. The policy is to issue the Letter of Authorisation, for the...

Written Answers — Departmental Correspondence: Departmental Correspondence (6 May 2010)

Brian Lenihan Jnr: I have received the attached correspondence which deals with a number of matters in relation to the application of VAT to services provided by public bodies including local authorities. I would like to point out in regard to deferring the implementation date of applying VAT on services provided by public bodies, that the European Court of Justice ruled, in the case C-544/07 against Ireland...

Written Answers — Financial Services Regulation: Financial Services Regulation (5 May 2010)

Brian Lenihan Jnr: At the outset, the Deputy should note that in my role as the Minister for Finance I have responsibility for the development of the legal framework governing financial regulation. The day to day responsibility for the supervision of financial institutions is a matter for the Financial Regulator who is statutorily independent in the exercise of his regulatory functions. As the Deputy will be...

Written Answers — Procurement Policy: Procurement Policy (5 May 2010)

Brian Lenihan Jnr: The National Procurement Service (NPS) is cognisant of the needs of Small and Medium Enterprises and the fact that they are a very important part of the national economy. It is recognised also that public procurement can be an important source of business for SMEs. It goes without saying that the NPS must adhere to the National and EU procurement Directives. However, before undertaking any...

Written Answers — Debt Collection Regulation: Debt Collection Regulation (5 May 2010)

Brian Lenihan Jnr: I, as Minister for Finance, have no statutory function in relation to the issue raised by the Deputy, which is a matter for the Department of Justice, Equality and Law Reform. Under Section 11 of the Non-Fatal Offences Against the Person Act 1997, it is an offence to demand payment of a debt in a way designed to alarm, distress or humiliate. If someone is charged with this offence and it is...

Written Answers — Financial Institutions Support Scheme: Financial Institutions Support Scheme (5 May 2010)

Brian Lenihan Jnr: I received no representations from the Commissioner referred to during the period specified in the Deputy's question concerning the bank guarantee, Anglo Irish Bank or Irish Nationwide Building Society.

Written Answers — Pension Provisions: Pension Provisions (5 May 2010)

Brian Lenihan Jnr: I was approached by the Bank of Ireland in relation to the pay of Mr. Boucher and I sanctioned a salary for Mr Boucher as Group CEO which is substantially lower than that which he received as head of Retail Ireland. He now receives considerably less for undertaking a more onerous role. The Bank of Ireland also indicated their intention to allow Mr. Boucher to retire at the age of 55. This...

Written Answers — Tax Collection: Tax Collection (5 May 2010)

Brian Lenihan Jnr: I have been advised by the Revenue Commissioners that, having offered to mitigate the penalties and interest due, to an interest-only amount, they are not prepared to offer any further mitigation until they have reviewed all correspondence between the purchasers and the Law Society in this matter. This includes specific details of the purchasers' claim for compensation from the Law Society....

Written Answers — Tax Code: Tax Code (5 May 2010)

Brian Lenihan Jnr: I presume the Deputy is referring to the application of carbon tax to 'agricultural diesel' which came into effect from 1 May. The carbon charge in this instance is approximately 4 cents per litre and I do not intend any compensatory measures. A number of Government Departments, including my Department are exploring options for how best to offset the impact of the carbon tax on low-income...

Written Answers — Tax Code: Tax Code (5 May 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that for reasons of taxpayer confidentiality it is not possible for me to comment on tax matters related to individual taxpayers or on specific investments by taxpayers. I am further advised that taxpayer confidentiality extends to appeals made by individuals to the Appeal Commissioners, and that such appeals are held in private.

Written Answers — Financial Services Sector: Financial Services Sector (5 May 2010)

Brian Lenihan Jnr: The Government has consistently kept itself at arms' length from the day to day running of banks which have been given State support including in personnel matters. While I appreciate that the individual concerned feels aggrieved, I do not consider it appropriate for me to intervene.

Written Answers — Ministerial Appointments: Ministerial Appointments (5 May 2010)

Brian Lenihan Jnr: I have not had a trawl completed of every short-term committee, working group, etc. to which a former Minister, Minster of State or Attorney General might have been appointed over the past ten years. However, such appointments would be very rare. However, a number of such appointments have recently been made in the context of Section 32 of the Credit Institutions (Financial Support) Act...

Written Answers — Flood Relief: Flood Relief (5 May 2010)

Brian Lenihan Jnr: As stated in previous responses, I have no plans to introduce a relocation scheme for persons affected by the flooding in November 2009.

Written Answers — Tax Code: Tax Code (5 May 2010)

Brian Lenihan Jnr: The purchase of land by a Young Trained Farmer qualifies for an exemption from Stamp Duty. A Young Trained Farmer is someone who is under 35 years of age on the date of execution of the deed of transfer and has attained one of the necessary qualifications and, where required, is the holder of the appropriate certificate(s) awarded by the Further Education and Training Awards Council (FETAC)...

Written Answers — Pension Provisions: Pension Provisions (5 May 2010)

Brian Lenihan Jnr: The former office-holders who gift their pensions to the Minister for Finance do so for the general benefit of the Exchequer. Having made such a gift, the person agrees that the moneys will not be refunded at a later date. I would like to take this opportunity to thank the members of the Oireachtas and the European Parliament and others who have made these generous gifts.

Written Answers — Proposed Legislation: Proposed Legislation (5 May 2010)

Brian Lenihan Jnr: I have received the correspondence which deals with a number of matters in relation to the application of VAT to services provided by public bodies including local authorities. I would like to point out in regard to deferring the implementation date of applying VAT on services provided by public bodies, that the European Court of Justice ruled, in the case C-544/07 against Ireland on 16 July...

Written Answers — Freedom of Information: Freedom of Information (5 May 2010)

Brian Lenihan Jnr: The information requested has been compiled by my Department but because of the volume of material involved it will be passed to the Deputy in the next few days.

Written Answers — Tax Code: Tax Code (5 May 2010)

Brian Lenihan Jnr: The position is that health expenses relief is granted at the standard rate only, in respect of expenses incurred from 1 January 2009 except for nursing home expenses which continue to be granted at the marginal rate (up to 41%). It should be noted that the Finance Act 2010 also allows relief at the marginal rate in respect of private contributions made towards the cost of the upkeep of an...

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