Written answers
Tuesday, 20 June 2023
Department of Finance
State Bodies
Denis Naughten (Roscommon-Galway, Independent)
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250. To ask the Minister for Finance if he will outline the implementation of circular 25/2016 by each State body under the aegis of his Department; and if he will provide, in tabular form, by State agency, the compliance with each of the standards and timelines set out in responding to Oireachtas Members’ queries; and if he will make a statement on the matter. [29474/23]
Michael McGrath (Cork South Central, Fianna Fail)
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The Code of Practice for the Governance of State Bodies 2016 (the Code) provides a framework for the application of best practice in corporate governance by commercial and non-commercial State bodies. Circular 25/2016 sets out the protocol and standards for the provision of information by State Bodies to Members of the Oireachtas, and forms part of the requirements of the Code.
It should be noted that while the provisions of the Code are directly applicable to a number of State bodies under the aegis of my Department, all of the bodies, where appropriate, under my Department’s remit adhere to the protocol and standards in Circular 25/2016.
The Credit Union Advisory Committee is an advisory committee set up to advise the Minister for Finance in relation to credit union matters. It meets on a monthly basis in my Department, with Department officials providing a secretariat function.
The Credit Union Restructuring Board concluded its restructuring work on 31 March 2017. It was operationally wound down on 31 July 2017 and is awaiting final dissolution.
The Disabled Drivers Medical Board of Appeal (DDMBA) is a board of medical practitioners appointed by the Minister of Finance from a body of interested registered medical practitioners, on the recommendation of the Minister of Health. The DDMBA is currently not operational.
The information in the attached table is provided by the remaining bodies under my Department’s remit in relation to the standards and timelines set out in Circular 25/2016.
| Body under aegis of the Department of Finance | Provide and maintain a dedicated email address for Oireachtas members, and notify/publicise this to Oireachtas members | Put in place formal feedback processes to obtain feedback from Oireachtas members | Comply with target deadlines and standards in terms of acknowledgements and substantive responses to queries, as follows: - Response time for acknowledgement of a query is 3 working days. Acknowledgement should include contact details for the staff member dealing with the query; - Response time for substantive reply is 15 working days | Designate a person at senior management level within the State Body with responsibility for ensuring the timely provision of information to members of the Oireachtas | Report annually (in Chairperson’s comprehensive report to the relevant Minister) on compliance with standards set out in this Circular | In the spirit of Open Government Partnership, bodies should seek, where appropriate, to publish the response to queries from members of the Oireachtas on their website |
|---|---|---|---|---|---|---|
| Central Bank of Ireland | pqs@centralbank.ie | Yes | Yes | Yes | Yes | Yes |
| Credit Review Office | info@creditreview.ie | The Credit Review Office is a relatively small body and while the provisions of the Code do not apply to it, it adopts the Code on a voluntary basis and applies any provisions as appropriate to a body of its size. | ||||
| Financial Services and Pensions Ombudsman (FSPO) | oireachtas@fspo.ie | Yes. The FSPO maintains a dedicated space on its website in relation to the provision of information to members of the Oireachtas: www.fspo.ie/governance/Oireachtas-Enquiries.asp. The FSPO has also committed, in its Communications and Stakeholder Engagement Strategy 2022-2025, to conduct a survey of Oireachtas members and will do so over the course of the strategy. | Yes. The target deadlines for responding to queries from Oireachtas members are 3 working days for an acknowledgement and 15 working days for a substantive response, noting it seeks to exceed these deadlines where possible. Where there is any expected delay, this is communicated to the Oireachtas member. | Yes. The Director of Corporate & Communications Services | Yes | Yes, as outlined on the website, noting, however, that no such responses to queries have been published to date. |
| Home Building Finance Ireland (HBFI) | oireachtas@hbfi.ie | No Oireachtas queries relevant to HBFI have been received to date via the dedicated e-mail address. On receipt of any such requests from Oireachtas members, HBFI will consider the best format for feedback. | HBFI has not processed any Oireachtas queries | Yes | HBFI has not processed any Oireachtas queries | HBFI has not processed any Oireachtas queries |
| Investor Compensation Company DAC | pqs@centralbank.ie | While the provisions of the Code do not apply to the Investor Compensation Company DAC (ICCL), it voluntarily adopts elements of the Code that are appropriate to its mandate. If ICCL were to receive requests from members of the Oireachtas seeking the provision of information within the scope of its mandate, it would engage with each request on a case-by-case basis, subject to available resources, in a timely manner as it does with Parliamentary Questions. | ||||
| Irish Bank Resolution Corporation (IBRC) | pqs@ibrc.ie | N/A – IBRC is in advanced liquidation- no formal processes are put in place on the matter however, informal feedback is sought periodically. | Yes - however, where the PQ involves a complex area that may require additional time for information gathering, an extension may be sought to comply with the PQ. | Yes | N/A – as IBRC is in an advanced stage of liquidation, no formal processes have been put in place for this item. | N/A – as IBRC is in an advanced stage of liquidation, no formal processes have been put in place for this item. |
| Irish Financial Services Appeals Tribunal (IFSAT) | registrar@ifsat.ie | The provisions of the Code not apply to the IFSAT. IFSAT is a statutory tribunal established to hear specific appeals against certain appealable decisions of the Central Bank. It operates within the parameters of the Central Bank Act 1924 (as amended). IFSAT has no employees and Tribunals are convened as appeals arise. The administrative processes are carried out by the Registrar. In the circumstances feedback from Oireachtas, for example by way of periodic surveys, is unlikely to be sought. | Yes | Yes. The Registrar | Yes, as and when it arises. | Yes, where appropriate, as and when it arises. |
| Irish Fiscal Advisory Council (IFAC) | oireachtas.queries@fiscalcouncil.ie | No. The Council and Secretariat review appearances before an Oireachtas committee. | Yes. | Yes. This is designated to the Chief Economist/Head of Secretariat at the Fiscal Council. | Yes | Yes, engagement with the Oireachtas is published on the Fiscal Council’s website: www.fiscalcouncil.ie/oireachtas-committee/ |
| National Asset Management Agency (NAMA) | oir@nama.ie This address is formally communicated to members approx. every 6 months as part of the NAMA Annual Report and Year End updates. | No surveys are carried out or formal feedback sought, however, informal feedback has indicated that this communication channel has worked well. Oireachtas members are welcome to provide feedback at any time via the NAMA email address. | Oireachtas emails are typically fully responded to on the day received or within 24/48 hours. If a substantive response is to take longer, an acknowledgement email is issued with an estimated timeframe for the final response (usually within a week). | Yes. The CEO and/or Chief Strategy and Transformation Officer oversee all Oireachtas and PQ responses. | NAMA’s Statement on Internal Control (reported annually in NAMA’s Annual Report and Financial Statements and referred to in the Chairperson’s Comprehensive Report to the Minister) summarises NAMA’s Public Reporting procedures. | All NAMA PQ responses are published on the Oireachtas website. As other Oireachtas queries typically relate to enquiries about properties or debtors, we are not permitted legally under Sections 99/202 of the NAMA Act from disclosing confidential information. |
| National Treasury Management Agency (NTMA) | OireachtasQuery@ntma.ie | The NTMA has received a very low volume of queries to date and, as the volume increases, the NTMA will consider the best format for feedback. | Yes. These requirements are set out in the relevant NTMA internal procedure and substantive replies to queries received were provided within 15 days. | Yes | The NTMA complies with the Code, apart from the adaptations set in its oversight agreement including and relating to section 8.23 on Circulars and Guidelines. The Chairperson reports annually on compliance with the Code in their Chairperson’s Comprehensive Report to the Minister, and this report is prepared in accordance with the requirements of the Code. | The NTMA considers queries received on a case-by-case basis to determine appropriateness of publication. |
| Office of the Comptroller and Auditor General | pq@audit.gov.ie | Yes. The Office follows international norms by voluntarily from time to time engaging an independent external assessment of its performance against international standards and good practice, often in the form of a “peer review”. The most recent review was completed in 2020. The review team interviewed a range of stakeholders including Oireachtas members. In addition, the Office has also gathered stakeholder feedback (including Oireachtas members) on a number of occasions, such as a survey in 2016 and qualitative research in 2019. | Yes | Yes | The provisions of the Code do not apply to Government Offices. | The Office does not currently publish the response to queries on its website. |
| Office of the Revenue Commissioners | Revenue provide a long- established dedicated telephone service for Oireachtas members and Members of the European Parliament (MEPs) as part of the suite of their customer services. The aim of the telephone service is to respond to taxation queries, in a timely, efficient, and effective manner. A key objective of the phone service is to provide timely information to Oireachtas members/MEPs which, in many cases, minimises the need for Parliamentary Questions or formal representations to the Minister for Finance or the Chairman of the Revenue Commissioners. The Oireachtas line is open Monday to Friday from 9.30-17.00 (excluding lunchtime) providing, in the majority of cases, an immediate/same day resolution. The remaining queries which, are more complex in nature are generally answered within three days. Revenue’s Oireachtas Helpline service is provided solely via telephone. If a written reply is requested, the TD, Senator, MEP or their staff member is asked, to make a representation to the Chairman’s Office where a written reply will issue with the information requested. | No. Periodic surveys have not yet been implemented by the Oireachtas Helpline. | Yes | Yes | No. Revenue’s Annual Report includes headline figures for the number of Parliamentary Questions and Representations to the Chairman’s Office but not granular detail on timeliness of responses. | Parliamentary Questions and Representations to the Chairman’s Office, and responses thereto, are published, where appropriate, on www.revenue.ie/en/corporate/information-about-revenue/governance/pqs-and-reps.aspx |
| Strategic Banking Corporation of Ireland (SBCI) | oireachtas@sbci.gov.ie | No. The SBCI has received a very low volume of queries to date and, as the volume increases, the SBCI will consider the best format for feedback. | Yes | Yes | No. In accordance with the Code, the SBCI seeks feedback from the Minister regularly when submitting its Annual Reports and updates to its Strategic Plans. | No. The SBCI considers queries received on a case-by-case basis to determine appropriateness of publication. |
| Tax Appeals Commission (The Commission) | oireachtas@taxappeals.ie | The Commission has not received any queries but may consider a feedback process in the future. | Yes | Yes | The Commission has never published any summary details in relation to the number of Parliamentary Questions and Representations it receives, but will do so in future Annual Reports. | Yes |
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