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Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (2 Jun 2022)

Jim O'Callaghan: 230. To ask the Minister for Housing, Planning, and Local Government the organisation that nominated the current deputy chairperson of An Bord Pleanála for appointment as an ordinary member in 2014, as required by section 106 of the Planning and Development Act 2000 (as amended). [28779/22]

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Second Stage (1 Jun 2022)

Jim O'Callaghan: I commend the Minister and Minister of State on bringing forward this very important legislation. I am sure they would agree it is embarrassing that in Ireland today, people still have to make applications under the Lunacy Regulation (Ireland) Act 1871. As Deputy Berry indicated a few moments ago, that legislation is 150 years old. Notwithstanding the archaic language within that...

Joint Oireachtas Committee on Education and Skills: Provision of Education Supports for Ukrainian Students (1 Jun 2022)

Jim O'Callaghan: I thank the Minister, the Minister of State and their officials for coming before the committee late on a Wednesday evening. I acknowledge and commend the generosity of the Irish people, the Government and the school communities who have accommodated up to 6,000 children from Ukraine. They have done so seamlessly and without complaint, and that needs to be acknowledged. The Minister...

Joint Oireachtas Committee on Education and Skills: Provision of Education Supports for Ukrainian Students (1 Jun 2022)

Jim O'Callaghan: Language is another issue that may affect children coming from Ukraine. I suspect the vast majority of them will not be proficient in English and may not even have learned English. Can anything be done to provide language support hours for them? Is that an issue we may need to revisit in future?

Joint Oireachtas Committee on Education and Skills: Provision of Education Supports for Ukrainian Students (1 Jun 2022)

Jim O'Callaghan: I am conscious many adults who have come from Ukraine have academic or professional qualifications. It may be the case people have come from Ukraine who have the academic qualifications to be teachers in Ireland. It is obviously a different education system. The courses are different but these Ukrainians may have qualifications in maths, physics or chemistry. I am also aware the EU...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: I thank Dr. Stewart for the work he did in preparing his paper and appearing before the committee this afternoon. Section 110, introduced I believe back in 1991, was originally to promote securitisation for the financial sector operating in the State. It was designed as a tax-neutral regime for securitisation transactions. Before looking at the Russian firms' use of section 110, I have a...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: When Dr. Stewart says they are lower risk, does he mean that they create a bankruptcy-remote structure and because of that there is less risk involved?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: Is Dr. Stewart aware of circumstances where, for instance, the European Central Bank might require orphaning for the purpose of some of its regulatory schemes?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: I only mentioned that because the Revenue Commissioners issued a manual which, curiously, identifies valid commercial reasons for using an orphan structure. One of the points mentioned was that certain parties such as the European Central Bank may also require orphaning but Dr. Stewart is not aware of that.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: Obviously, section 110 only applies to Irish resident firms. For that purpose, does Revenue look to see that there is a bona fide migration of a securitisation to Ireland and does it have to be for genuine commercial reasons?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: Is Dr. Stewart aware of any public decisions or findings by Revenue indicating that certain section 110 firms have not met the criteria and as a result, have been disqualified?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: I will move on to the assets of Russian firms and whether or not any of those assets come within the section 100 structure. Are we aware of whether or not any assets of sanctioned Russian individuals have been frozen in Ireland because those assets exist within the section 110 structure?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: If they do not have bank accounts or cash on their balance, in effect, it is very difficult to sanction or freeze anything consequently.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: There would be no shareholding because they are being held on trust. That is the orphan ownership. Is that not correct?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: I assume that this is an issue that would affect other jurisdictions and non-section 110 firms because very many assets can be held by Russians through beneficial ownership.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: Even if we manage to freeze sanctioned Russian assets, Dr. Stewart made a very interesting point in his paper about confiscation. Obviously confiscation is distinct from freezing. I noticed he referred to a draft directive of the European Commission. Are there rules in place dealing with the confiscation of frozen assets or is it simply that they are frozen and nothing further happens?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: It is an interesting point. To a certain extent, it shadows the system that operates here in respect of the Criminal Assets Bureau. Initially, the Criminal Assets Bureau will freeze proceeds of crime but simply because it freezes them does not mean that they are subsequently confiscated, although I think such an application can be made seven years later. Would Dr. Stewart agree with that?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: I do not know if Dr. Stewart is aware of this - I only became aware of it a number of days ago - but the Parliamentary Assembly of the Council of Europe passed a resolution on 28 April 2022 stating that member states should seek to use the assets of targeted and sanctioned Russians to compensate Ukraine and its citizens for any damage caused by the Russian Federation's war of aggression. I...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Use of Section 110 by Russian Firms: Dr. Jim Stewart (1 Jun 2022)

Jim O'Callaghan: I thank Dr. Stewart for his time.

Written Answers — Department of Finance: Tax Data (31 May 2022)

Jim O'Callaghan: 168. To ask the Minister for Finance if he will reduce VAT on bicycles to 0% as was permitted by the European Union in December 2021; and if he will make a statement on the matter. [27362/22]

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