Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 161: To ask the Tánaiste and Minister for Finance the number and value of PAYE refunds made in 2004 and 2005; the years to which these claims applied; the number of claims for each of these years; and the value of these refunds for each of these years. [35177/07]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand from the Revenue Commissioners that they are not in a position to provide the information requested by the Deputy within the timescale for issue of a reply to his question. The Commissioners have advised me that they will contact the Deputy directly, and supply the information requested, insofar as it is available.

Michael Creed (Cork North West, Fine Gael)
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Question 162: To ask the Tánaiste and Minister for Finance if he proposes in the Finance Bill to assist school transport operators who have been adversely affected by the end of the fuel rebate; and if he will make a statement on the matter. [35269/07]

Brian Cowen (Laois-Offaly, Fianna Fail)
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The 2003 EU Energy Tax Directive incorporated special derogations which allowed specific excise duty reliefs to be applied in a number of Member States. In the Irish context, these derogations allowed for reduced rates to apply to fuel used for public transport services which includes school transport services.

While these derogations expired on 31 December 2006, Ireland, along with other Member States, sought retention of its derogations beyond that date. However the European Commission, who are the deciding authority, have to date refused all such requests. The Commission maintain that, in keeping with the EU Energy Tax Directive, Member States must apply at least the EU minimum rates of excise on fuels in such circumstances and that any further favourable excise treatment is not allowable. In this regard the Commission's decision was published on its website in March 2007. At the Commission's behest my officials have indicated that Ireland will avail of the forthcoming Finance Bill to make the necessary legislative changes to conform with the Directive.

In the circumstances, the relevant line Departments who have primary responsibility in this regard are, in conjunction with my Department, exploring alternative non-tax support mechanisms that could be put in place where appropriate to maintain the assistance currently being provided, subject of course to compatibility with EU State Aid requirements. In the interim the reduced rates applicable to fuel used will be maintained.