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Written Answers — Department of Finance: Probate Applications (18 Apr 2024)

Michael McGrath: ...succession (if there is no will). The probate office of the High Court deals with all matters relating to rules of probate. Its fairness, and any potential changes required are the responsibility of the Minister for Justice. The recent Credit Union Amendment Act (2023) included an amendment to Section 21, which permits me, as Minister for Finance to approve increases in the nomination...

Written Answers — Department of Finance: Financial Irregularities (9 Apr 2024)

Michael McGrath: I propose to take Questions Nos. 276 and 310 together. In November 2022 the Court of Justice of the European Union ruled, in Joined Cases C-37/20 and C-601/20, that a provision of the EU AML directive, under which information on the beneficial ownership of corporate and other legal entities, held in central registers, must be provided to the general public, is invalid. The Court found that...

Written Answers — Department of Finance: Banking Sector (9 Apr 2024)

Michael McGrath: I propose to take Questions Nos. 311 and 312 together. The regulation of gambling is the responsibility of my colleague the Minister for Justice, who is bringing the Gambling Regulation Bill 2022 through the Oireachtas. The Bill sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na...

Written Answers — Department of Finance: Revenue Commissioners (20 Mar 2024)

Michael McGrath: ...machines. Revenue adopt a risk-based approach to all interventions and continue to tackle non-compliance across all taxes and duties. Finally, I am aware Revenue is working closely with the Department of Justice on the upcoming Gambling Regulation Bill, which will consolidate and modernise gambling legislation, including legislation relating to the gaming sector.

Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Second Stage (8 Feb 2024)

Michael McGrath: ...the Attorney General. In that ruling, the Supreme Court held that the exercise of powers by adjudication officers pursuant to Part 4 of the Workplace Relations Act 2015 was the administration of justice under Article 34 of the Constitution. The administration of justice, in accordance with Article 34, is normally preserved for the courts. However, the Supreme Court found that the...

Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation (8 Feb 2024)

Michael McGrath: I thank the three Deputies. I know that the issue raised by Deputy Durkan around family law and parental alienation is one that he has raised consistently. I will mention it to the Minister for Justice again.

Ceisteanna ó Cheannairí - Leaders' Questions (8 Feb 2024)

Michael McGrath: ...come into the House and seek to blame the Government for people burning down buildings. That was an outrageous contribution. He has actually made it more difficult for the Garda and our criminal justice system to secure successful prosecutions of people who are conducting criminal acts. He has not done anyone any service with the contribution he just made in that regard. We ultimately...

Ceisteanna ó Cheannairí - Leaders' Questions (8 Feb 2024)

Michael McGrath: ...that are pushing back against the negativity and fear being spread. The most important thing we can do is to reaffirm and underline our fulsome support for the work of the Garda and our criminal justice system. They are doing everything they can to bring those responsible for these crimes to justice.

Written Answers — Department of Finance: Company Law (7 Feb 2024)

Michael McGrath: In November of 2022, the Court of Justice of the European Union ruled in Joined Cases C-37/20 and C-601/20, that a provision of the EU AML directive, under which information on the beneficial ownership of corporate and other legal entities, held in central registers, must be provided to the general public, is invalid. The Court found that the provision interfered with the rights recognised in...

Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation (1 Feb 2024)

Michael McGrath: ...on this issue, and we have discussed it previously. I reassure him that there is work on the way. My Department is working very closely with the Central Bank of Ireland and Department of Justice. There is legislation emerging at EU level as well, namely, Payment Services Directive 3, and there will be enhanced authentication requirements. I will set out in writing to the Deputy a...

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: EU Directives (1 Feb 2024)

Michael McGrath: I thank the Deputy. As is normal when there is a European Court of Justice judgment that impacts policy or the application of EU law in Ireland, the line Department consults the Attorney General. That is what happened in this case, and that formed the basis of the statutory instrument that was introduced and ultimately signed into law. I am a very strong supporter of transparency in these...

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: EU Directives (1 Feb 2024)

Michael McGrath: I thank the Deputy for the question. In November of 2022, the Court of Justice of the European Union, ECJ, ruled in joined cases C-37/20 and C-601/20 that a provision of the EU anti-money laundering, AML, directive under which information on the beneficial ownership of corporate and other legal entities held in central registers must be provided to the general public is invalid. The court...

Written Answers — Department of Finance: Financial Services (1 Feb 2024)

Michael McGrath: ...to note that the Department of Finance does not hold any supervisory or investigative role in relation to fraud which is a criminal offence and, as such falls, under the remit of the Minister for Justice. However, my Department does have a key role in developing policy and legislation to ensure that Ireland’s framework for combating both money laundering and the financing of...

Written Answers — Department of Finance: Ministerial Staff (30 Jan 2024)

Michael McGrath: ...but amount to, on average, not less than 1069.9 hours per annum. In my role as Minister for Finance I do not have a civilian driver, as a Garda driver is provided by the Department of Justice. The employment conditions including working arrangements are a matter for that Department.

Written Answers — Department of Finance: Financial Irregularities (23 Jan 2024)

Michael McGrath: ...package will be adopted in the near term. In addition, I am advised by Revenue that the acts of money laundering and terrorist financing are not Revenue offences and Revenue is not the competent authority to investigate such offences. Under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, An Garda Síochána is the relevant body with responsibility for...

Written Answers — Department of Finance: Insurance Coverage (23 Jan 2024)

Michael McGrath: ...apply. However, insurers also price in accordance with their specific claims experience and do not use the same combination of rating factors. Insurance Ireland also acknowledged that under the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, certain minor offences (like public order and motor offences) become spent after 7 years. This means that an adult convicted of...

Written Answers — Department of Finance: Mortgage Resolution Processes (17 Jan 2024)

Michael McGrath: ...framework and an interdepartmental group has been established to review the mortgage arrears framework. The Mortgage Arrears Group comprises representation from my Department, the Department of Justice, the Department of Housing, Local Government and Heritage and the Department of Social Protection. The focus of the Group will be to consider the impact of the mortgage arrears framework,...

Written Answers — Department of Finance: Vehicle Registration Tax (13 Dec 2023)

Michael McGrath: ...same Act makes it an offence to display the registration plate in an incorrect manner. I would like to draw the Deputy’s attention to a response provided by my colleague, the Minister for Justice, to Parliamentary Question, www.oireachtas.ie/en/debates/question/2023-11-30/435/, on 30 November 2023, which includes details of the number of Fixed Charge Notices issued by An Garda...

Written Answers — Department of Finance: Vehicle Registration Tax (30 Nov 2023)

Michael McGrath: .... Decisions about the regulation of vehicle registration plates or their production and supply, including penalties for offences, are policy matters for my Department and the Departments of Transport and Justice, which are kept under review.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Estimates for Public Services 2023
Vote 7 - Office of the Minister for Finance (Supplementary)
Vote 9 - Office of the Revenue Commissioners (Supplementary)
(23 Nov 2023)

Michael McGrath: In recent weeks, we received an opinion from the Judge Advocate General in the Apple case, that will be taken into account by the European Court of Justice, which may reach the same conclusion or a different one. The ECJ may well refer the case back to the general court or it may deal with the case and arrive at a definitive judgment. That remains to be seen. As long as the matter remains...

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