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Written Answers — Banking Sector Regulation: Banking Sector Regulation (23 Mar 2010)

Brian Lenihan Jnr: In accordance with the Central Bank of Ireland Act 1942 (as amended), the employment of staff in the Irish Financial Services Regulatory Authority (other than the Registrar of Credit Unions and the Chief Executive of the Authority) is a matter solely for the Board of the Bank, the Regulatory Authority and the Governor and is not a matter in which I have a role. However, I am informed by the...

Written Answers — Banking Sector Regulation: Banking Sector Regulation (23 Mar 2010)

Brian Lenihan Jnr: It is my intention to bring forward a Bill to consolidate the Central Bank Acts as part of a three stage legislative process. A Bill to give effect to institutional reforms within the Central Bank and Financial Services Regulatory Authority will be published very shortly. A second Bill to enhance the powers and functions of the Bank will follow. These Bills will form part of the Central...

Written Answers — Bank Closures: Bank Closures (23 Mar 2010)

Brian Lenihan Jnr: I have said previously, that I was disappointed but not surprised that Postbank is to close at the end of the year. The management of commercial decisions made by Postbank, which include the decision to wind-down the institution, is a matter for An Post and its joint venture partner BGL BNP Paribas, and one in which I have no direct role. In considering the future of Postbank, the partners...

Written Answers — Car Scrappage Scheme: Car Scrappage Scheme (23 Mar 2010)

Brian Lenihan Jnr: The provisions of the car scrappage scheme as set out in Section 102 of the Finance Bill as published on 4 February 2010, provide that the car being scrapped, must be registered in the State in the name of the registered owner of the new car for at least 18 months previous to the date of scrappage; must be 10 years old or more from the date of first registration; must be scrapped on or...

Written Answers — Departmental Property: Departmental Property (23 Mar 2010)

Brian Lenihan Jnr: The Office of Public Works, under the auspices of the Department of Finance, rents space in some 430 buildings by way of 511 payable leases on behalf of Government departments and agencies. Those leases, which exceed €5,000 per annum per lease, attracted a total cost in the region of €121 million for 2009. The average term of these leases is 18 years ranging from part year to 20 years...

Written Answers — Departmental Agencies: Departmental Agencies (23 Mar 2010)

Brian Lenihan Jnr: In relation to my own Department, the number of staff employed in the various areas requested: Payroll * Financial Management * HR Management Procurement ** ICT Services ** MeansAssessment 18.93 32.19 20.5 (incl. training) 5.6 34.5 0 * The payroll and financial management functions in my Department encompass those functions also carried out on behalf of a number of smaller Offices. In...

Written Answers — Tax Yield: Tax Yield (23 Mar 2010)

Brian Lenihan Jnr: I propose to take Questions Nos. 188 and 189 together. I am informed by the Revenue Commissioners that their obligation to observe confidentiality for taxpayers and small groups of taxpayers involved precludes them from providing the information requested. However, I can say that the overall yield for the air travel tax from its inception is €99m - this yield is in respect of departing...

Written Answers — EU Directives: EU Directives (23 Mar 2010)

Brian Lenihan Jnr: I propose to take Questions Nos. 190, 207, 225 and 226 together. The European Commission's proposal for a Directive to regulate the managers of alternative investment funds was due to be discussed at Ecofin on March 16th. However, the Spanish Presidency withdrew this item from the agenda because it believed that it had not received sufficient support at that stage for the proposed compromise...

Written Answers — Tax Code: Tax Code (23 Mar 2010)

Brian Lenihan Jnr: In relation to the VAT treatment of purchases of equipment by school boards of management, the position is that bodies supplying educational services and non-profit organisations are exempt from VAT under the EU VAT Directive, with which Irish VAT law must comply. This means they do not charge VAT on the services they provide and cannot recover VAT incurred on goods and services that they...

Written Answers — Tax Code: Tax Code (23 Mar 2010)

Brian Lenihan Jnr: Applications for charitable tax exempt status are dealt with by the Revenue Commissioners. I am advised by the Revenue Commissioners that an application has been received from the body in question. Additional information in support of the application has been sought by Revenue. On receipt of this additional information further consideration will be given to the application.

Written Answers — Tax Yield: Tax Yield (23 Mar 2010)

Brian Lenihan Jnr: It is assumed that the change mentioned in the question is an effective increase in the top rate of income tax by 15 percentage points from 41% to 56% for incomes in excess of €150,000. It is also assumed that the threshold for the proposed new tax band mentioned by the Deputy would not alter the existing standard rate band structure applying to single and widowed persons, to lone parents...

Written Answers — Public Sector Pay: Public Sector Pay (23 Mar 2010)

Brian Lenihan Jnr: My direct area of responsibility is the civil service. Civil servants do not receive overtime payments for periods that are not worked because of a ban on overtime. Questions relating to other areas of the public service should, more appropriately, be addressed to the relevant Minister.

Written Answers — Public Sector Pay: Public Sector Pay (23 Mar 2010)

Brian Lenihan Jnr: The cost of overtime, which is primarily a matter for each Minister or Head of Office to be managed in the first instance within their pay allocation. Under the terms of Administrative Budget Agreements sanction is delegated to Departments and Offices to pay overtime in accordance with the general directions contained in Department of Finance Circulars 27/99 and 30/0 provided that the...

Written Answers — Public Sector Pay: Public Sector Pay (23 Mar 2010)

Brian Lenihan Jnr: Government Departments and Offices do not have any practices of structural overtime. Questions of overtime issues in the Public Service should be addressed to the relevant Minister.

Written Answers — Public Sector Pay: Public Sector Pay (23 Mar 2010)

Brian Lenihan Jnr: The issue of expense allowances in the civil and public service is kept under review by my Department to ensure that the optimum cost efficiency and cost effectiveness is achieved.

Written Answers — Public Sector Pay: Public Sector Pay (23 Mar 2010)

Brian Lenihan Jnr: The Civil Service has developed a complex set of rules and procedures in relation to sick leave and these arrangements form a significant part of the terms and conditions of employment of all civil servants. The policy was updated in 2007. Since then, a further up date and revision of the policy has been developed and presented to the Staff Unions. This policy takes on board the concerns...

Written Answers — Pension Provisions: Pension Provisions (23 Mar 2010)

Brian Lenihan Jnr: The Deputy may be aware that in December 2008 I introduced an option for members of Defined Contribution occupational pension schemes to defer the purchase of a retirement annuity with their pension funds for a 2 year period. Under the arrangements in place up to that time, PAYE taxpayers who were members of such schemes were obliged to purchase an annuity with their main pension fund...

Written Answers — Tax Code: Tax Code (23 Mar 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that a benefit-in-kind charge arises on an employee where a car owned by the employer is available for private use. This includes travel between the employee's home and place of work Section 121 of the Taxes Consolidation Act 1997 provides for a benefit-in-kind charge in respect of the private use of a car provided to an employee by an employer...

Written Answers — Banking Sector Regulation: Banking Sector Regulation (23 Mar 2010)

Brian Lenihan Jnr: I am assuming that in referring to "forced bank lending" the Deputy means forcing the banks to lend to customers to whom they would not otherwise lend. I would not consider this helpful and it will not aid the economic recovery of the banks if they incur high losses on risky loans they are forced into. However, the Deputy may be aware that under the NAMA Act I will shortly be issuing...

Written Answers — Tax Collection: Tax Collection (23 Mar 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that, regrettably, due to industrial action by some staff it is not possible to ascertain the specific details of this case in the time available.

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