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Written Answers — Departmental Staff: Departmental Staff (21 Oct 2008)

Brian Lenihan Jnr: I propose to take Questions Nos. 230 and 231 together. I assume the Deputy is referring to a voluntary early retirement scheme. No such scheme is available to staff in the Civil Service. However, there are other arrangements which make provision for retirement earlier than normal pension age in certain circumstances. Arrangements for cost-neutral early retirement were introduced in 2005...

Written Answers — Data Protection: Data Protection (21 Oct 2008)

Brian Lenihan Jnr: My Department is currently implementing encryption of portable laptop and memory stick electronic data devices. All corporate emails and data can be immediately erased from mobile email devices should such a device be reported lost or stolen. Blackberries are not used by my Department. I am satisfied that all personal information is protected from both external and internal threats. Modern...

Written Answers — Exchequer Expenditure: Exchequer Expenditure (21 Oct 2008)

Brian Lenihan Jnr: The breakdown of the overall savings target of €440 million for 2008 and €1 billion in 2009 was laid before the Dáil on the 10th of July and these details are reproduced in the Appendix to this reply. Specific information on the achievement of these savings in 2008 will have to await the end of the year when provisional outturn figures will first become available. Provisional outturn...

Written Answers — Public Service Appointments: Public Service Appointments (21 Oct 2008)

Brian Lenihan Jnr: I refer the Deputy to my Budget Statement of last Tuesday, 14 October 2008, where I stated that in regard to public service pay and numbers, we must do more with less: "In this context, the Government has decided to conduct a focused review of public sector numbers in all branches of Government to assess whether the resources are being fully deployed in an efficient and effective manner and...

Written Answers — Public Service Contracts: Public Service Contracts (21 Oct 2008)

Brian Lenihan Jnr: I have not terminated the Government Contracts Committee on Construction (GCCC), which provides very valuable input into strategic policy on construction procurement.

Written Answers — Departmental Staff: Departmental Staff (21 Oct 2008)

Brian Lenihan Jnr: I propose to take Questions Nos. 237 and 238 together. The percentage of days lost through sickness in my department over the last five years is as follows: Year % absenteeism 2003 3.36% 2004 3.04% 2005 2.47% 2006 3.22% 2007 2.52% These percentages are calculated by reference to the total number of people serving at the end of December each year and the number of working days per year...

Written Answers — Departmental Staff: Departmental Staff (21 Oct 2008)

Brian Lenihan Jnr: I propose to take Questions Nos. 239 and 240 together. I assume the Deputy is referring to a voluntary early retirement scheme. No such scheme is available to staff in the Civil Service. However, there are other arrangements which make provision for retirement earlier than normal pension age in certain circumstances. Arrangements for cost-neutral early retirement were introduced in 2005...

Written Answers — EU Directives: EU Directives (21 Oct 2008)

Brian Lenihan Jnr: The VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. Under the VAT Directive Member States may only apply the reduced VAT rate to those goods and services which are listed under Annex III of the VAT Directive. While Annex III provides for the reduced rate of VAT to be applied to children's car seats, it does not provide for...

Written Answers — Tax Code: Tax Code (21 Oct 2008)

Brian Lenihan Jnr: I propose to take Questions Nos. 242 to 244, inclusive, together. The position is that the income levy will be payable on all income up to a ceiling of €100,100 at a rate of 1 per cent, with a rate of 2 per cent applying to income in excess of that ceiling. The provision specifically excludes from the charge any social welfare payments, including the contributory and non-contributory State...

Approval of Credit Institutions (Financial Support) Scheme 2008: Motion (17 Oct 2008)

Brian Lenihan Jnr: Deputy Costello asked about the cost of the increased number of staff for the Financial Regulator. There is a formula which apportions the cost between the State and the banking sector. The banking sector makes a contribution to the cost of the regulator under that formula, which is administered by the Central Bank.

Approval of Credit Institutions (Financial Support) Scheme 2008: Motion (17 Oct 2008)

Brian Lenihan Jnr: I can examine that issue but we might be constrained by the current arrangement and the legislation that provides for it. In reply to Deputy Terence Flanagan, writing up the books in banks is primarily an issue for banks and their auditors. On Deputy Broughan's question, I have ample powers to take the steps he suggests.

Approval of Credit Institutions (Financial Support) Scheme 2008: Motion (17 Oct 2008)

Brian Lenihan Jnr: The phrase "may" is commonplace in any statutory drafting and it gives the Minister power to deal with matters as the Minister thinks fit. The matter before us is a statutory instrument, not an Act of the Oireachtas, so it is considered in its whole terms.

Approval of Credit Institutions (Financial Support) Scheme 2008: Motion (17 Oct 2008)

Brian Lenihan Jnr: They will be made do things as required. To be clear, "A covered institution shall comply with any direction from the Minister or the regulatory authority, or both, to take specified steps to restructure its executive management responsibilities, strengthen its management capacity and improve its corporate governance." Therefore if the Minister gives a directive it must be complied with.

Approval of Credit Institutions (Financial Support) Scheme 2008: Motion (17 Oct 2008)

Brian Lenihan Jnr: Of course.

Approval of Credit Institutions (Financial Support) Scheme 2008: Motion (17 Oct 2008)

Brian Lenihan Jnr: On the board of directors, Deputy Charles Flanagan is correct. The company law and fiduciary obligations of directors have coloured how we have drafted the paragraphs of the scheme. The Deputy will notice in the terms of the paragraph, "in order to promote the public interest", so the purpose of the appointment is to promote the public interest, but it is not in the public interest. The...

Approval of Credit Institutions (Financial Support) Scheme 2008: Motion (17 Oct 2008)

Brian Lenihan Jnr: It is never powerless to be in the boardroom. Those in the boardroom know what is going on.

Approval of Credit Institutions (Financial Support) Scheme 2008: Motion (17 Oct 2008)

Brian Lenihan Jnr: They will have a vote on the board and will belong to a panel of persons whom I will choose, not one selected by the banking system. Deputy Burton expressed a view earlier on the appropriate type of person that should be appointed and I would be interested in the views of Deputies, short of naming names in the House, on the type and calibre of person they would like to see occupying these...

Approval of Credit Institutions (Financial Support) Scheme 2008: Motion (17 Oct 2008)

Brian Lenihan Jnr: Without getting to names, Opposition Deputies could recommend the type of person. Reference was made during the debate to public servants. There are public servants who have never had any private engagements on the termination of their period of service in the public service and are willing to act in the public interest. There are people in this House who could act in the public interest....

Approval of Credit Institutions (Financial Support) Scheme 2008: Motion (17 Oct 2008)

Brian Lenihan Jnr: Deputy Charles Flanagan asked about capitalisation and an expectation——

Approval of Credit Institutions (Financial Support) Scheme 2008: Motion (17 Oct 2008)

Brian Lenihan Jnr: I have regular discussions with the chief executives of the two principal financial institutions and I have raised these matters in those discussions, but I do not want to elaborate on the contents of those.

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