Committee Reports > List of Committees > Joint > 2007 > Committee on Finance and the Public Service > Annual Report of the Joint Committee on Finance and the Public Service, 2006

TITHE AN OIREACHTAIS

An Comhchoiste um Airgeadas agus an tSeirbhís Phoiblí

TUARASCÁIL BHLIANTÚIL 2006

Márta 2007

HOUSES OF THE OIREACHTAS

Joint Committee on Finance and the Public Service

ANNUAL REPORT 2006

March 2007

Table of Contents

1. Content and Format of Report

This Annual Report covers the period from 1^st January to 31^st December 2006.

The Report has been prepared pursuant to Standing Order 84 (3), (5) and (6) (Dáil Éireann) and Standing Order 69 (3), (5) and (6) (Seanad Éireann) which provide for the Joint Committee to-

• undertake a review of its procedure and its role generally,
• lay minutes of its proceedings before both Houses, and
• make an annual report to both Houses.

2. Functions and Powers

The Dáil Select Committee was established by Order of Dáil Éireann of 16^th October, 2002, to consider, in respect of the Departments of the Taoiseach and Finance, Bills, Estimates for Public Services and such proposals contained in any motion concerning the approval by the Dáil of international agreements involving a charge on public funds.

Under the same Order, the Dáil Select Committee was enjoined with a Select Committee of Seanad Éireann, established by Order of Seanad Éireann of 17^th October, 2002, to form the Joint Committee on Finance and the Public Service. The principal functions of the Joint Committee are to consider –

• public affairs administered by the Departments of the Taoiseach and Finance, including, in respect of Government policy, bodies under the aegis of those Departments,
• matters of policy for which the Taoiseach and Minister for Finance are officially responsible,
• related policy issues concerning bodies which are partly or wholly funded by the State or which are established or appointed by Members of the Government or by the Oireachtas,
• statutory instruments made by the Taoiseach and the Minister for Finance,
• such proposals for EU legislation and related policy issues as may be referred to it,
• strategy statements laid before the Houses of the Oireachtas by the Taoiseach and the Minister for Finance,
• annual reports and accounts, overall operational results, statements of strategy and corporate plans of bodies under the aegis of the Departments of the Taoiseach and Finance or bodies which are partly or wholly funded by the State or which are established or appointed by Members of the Government or by the Oireachtas.

The Orders of Reference of the Dáil Select Committee and the Joint Committee are set out at Appendix 1.

3.Chairman, Vice-Chairman, Convenors and Membership

Deputy Seán Fleming was elected as Chairman of the Joint Committee on 13 November 2002. Deputy Michael Finneran was elected as vice-Chairman of the Joint Committee on 13 November 2002. The Chairman of the Joint Committee is also Chairman of the Dáil Select Committee.

Deputies M.J. Nolan and Catherine Murphy are the Convenors of the Committee. Their primary function is to ensure the availability and attendance of Members or their substitutes for meetings of the Committee and, in particular, to ensure Members' availability for divisions.

The Members of the Joint Committee are listed at Appendix 2.

4. Meetings, Attendance and Recording

Meetings of the Joint Committee and Select Committee took place in the committee rooms in Leinster House 2000. Meetings were in public unless otherwise ordered by the Committee.

Televised coverage of public meetings of the Committee was broadcast live within the Leinster House complex and was available for subsequent public broadcasting.

Official Reports (Parliamentary Debates) of the public meetings of the Committee have been, or are in the process of being, published. These may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2. The Official Reports may also be viewed on the Houses of the Oireachtas website at www.irlgov.ie/oireachtas.

Copies of other reports published by the Joint Committee may be obtained from the Clerk, Joint Committee on Finance and the Public Service, Kildare House, Kildare Street, Dublin 2. These reports are listed in paragraph 7. Recent and future reports may also be viewed on the Houses of the Oireachtas website

5. Number and Duration of Meetings

The Joint Committee met on 23 occasions in the period under report. These meetings involved more than 48 hours discussion.

The Dáil Select Committee met on 8 occasions in the period under report. These meetings involved more than 23 hours discussion.

6. Work of the Committee

6.1 Joint Committee

On the 23 occasions the Joint Committee met, it dealt with the following matters:

Procedural reports

The Committee agreed and laid before both Houses reports on the following issues:

• Annual Report 2005
• Report on the Review under Section 32 [2] of certain provisions of the Freedom of Information Act 1997 (as amended in the Freedom of Information (Amendment) Act 2003)

Scrutiny of proposals for EU legislation

The attention of the Committee was drawn by the Sub-Committee on European Scrutiny to a large number of proposals for EU legislation. The Committee scrutinised the following proposals in detail and discussed the issues involved with the appropriate Departmental officials.

• COM(2005)334 Amended proposal for a Council Directive amending Directive 77/388/EEC as regards the place of supply of services
• COM(2005)261 Proposal for a Council Directive on passenger car related taxes

The Committee also reported its opinions to both Houses of the Oireachtas on the following proposals scrutinised in 2005:

• EU Scrutiny Report No. 10 on COM (2004) 227: Proposal for a Council Directive amending Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (submitted in application of Article 27 of Directive 92/12/EEC).
• EU Scrutiny Report No.11 on COM (2004) 641: Proposal for a Council Regulation laying down implementing measures for Directive 77/388/EEC on the common system of value added tax.
• EU Scrutiny Report No. 12 on COM (2004) 728: Proposal for a Council Directive amending Directive 77/388/EEC with a view to simplifying value added tax obligations; Proposal for a Council Directive laying down detailed rules for the refund of value added tax, provided for in Directive 77/388/EEC, to taxable persons not established in the territory of the country but established in another Member State; Proposal for a Council Regulation amending Regulation (EC) No. 1798/2003 as regards the introduction of administrative cooperation arrangements in the context of the one-stop scheme and the refund procedure for value added tax.

The proposals listed below have also been referred to the Committee for scrutiny, but the Committee has not yet been in a position to report on these:

• COM(2005)608 Proposal for a Regulation laying down the Community Customs Code
• COM(2005)609 Proposal for a Decision regarding the implementation of the Community Lisbon Programme: on a paperless environment for customs and trade.
• COM(2006)202 Proposal for a Decision of the European Parliament and of the Council establishing a Community programme to improve the operation of taxation systems in the internal market (Fiscalis 2013).
• Com(2006) 213 amending council regulation No. 1605/2002 on the Financial Regulation applicable to the general budget of the EC. Referred July 2006
• COM(2006)473 Amended proposal for a regulation of the European Parliament and of the Council on mutual administrative assistance for the protection of the financial interests of the Community against fraud and any other illegal activities.
• COM(2006)507 Proposal for a directive on European Parliament and of the Council amending Council Directive 92/49/EEC and directives 2002/83/EC,2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the Prudential assessment of acquisitions and increase of shareholdings in the financial sector.

Other Issues

• Discussion with the Financial Regulator and the Financial Services Ombudsman Survey on endowment mortgages.
• Discussions with the Information Commissioner & Department of Finance regarding the Committee's review under Section 32 [2] of certain provisions of the Freedom of Information Act 1997.
• Discussions with officials from the Office of the Chief State Solicitor and the Department of Education and Science regarding matters arising from correspondence on Supplementary Estimate for the Chief State Solicitors Office for 2005.
• Review under Section 32 [2] of certain provisions of the Freedom of Information Act 1997 – discussion with the Department of Health and Children.
• Consideration of draft Regulations: Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2006.
• Proposed National Development Plan (2007-2013) – discussion with the Minister for Finance.
• Consideration of draft report on “Review under Section 32(2) of certain provisions under the Freedom of Information Act 1997 (as amended in the Freedom of Information Act (Amendment) Act 2003)”.
• Mortgage account switching procedures – discussion with the Irish Bankers Federation.
• Credit Union movement in the regulatory environment – discussion with the Irish League of Credit Unions, the Registrar of Credit Unions and Credit Union Development Association.
• Pensions: discussion with the Association of Retired Prison Officers.
• VAT and Charities : Discussion with the Irish Charities Tax Reform Group.
• Discussion on Progress in Public Service Decentralisation with Decentralisation Implementation Board.
• Discussions regarding Annual Report 2005 and Work Programme 2006.

Visiting delegations

• The Committee discussed matters of mutual interest with Members of the Bundestag Finance Committee

6.2 Dáil Select Committee

The Dáil Select Committee considered the following matters which had been referred to it by the Dáil during the period under report:

Bills

• Finance Bill 2006.

Estimates for Public Services

• Finance Group of Revised Estimates (Votes No 1, 5, 6, 7, 8, 9, 11, 12, 15, 16, 17, 18)
• Vote 10 (Office of Public Works) (Revised Estimate)
• Vote 2 (Department of the Taoiseach) (Revised Estimate)
• Vote 3 (Office of the Attorney General) (Revised Estimate)
• Vote 4 (Central Statistics Office) (Revised Estimate)
• Vote 13 (Office of the Chief State Solicitor) (Revised Estimate)
• Vote 14 (Office of the Director of Public Prosecutions) (Revised Estimate)
• Consideration of Supplementary Estimates:
• Vote No.1-Presidents Establishment
• Vote No.18-Office of the Ombudsman

Motions

• Motion re proposed approval by Dáil Éireann of Ireland's contribution to the International Development Association's Multilateral Debt Relief Initiative and to the International Development Association's 14^th Replenishment.

Other

• Ministerial Order - Finance Act 2004 (Section 91) (Deferred Surrender to Central Fund) Order 2006

7. Work in Progress

The following work was commenced by the Joint Committee in 2006 and will be continued in 2007:

• Scrutiny of EU legislative proposals;
• Monitoring of Civil and Public and Public Service Decentralisation Programme

8. Travel

Expenditure from the Joint Committee's budgetary allocation for travel was incurred in the course of the following work done on behalf of the Committee in accordance with its Orders of Reference and in connection with its Work Programme:

• Senator Mary White attended a conference in Paris from 22^nd to 23^rd February 2006 on the Policy Implications of Ageing Populations
• Senator Martin Mansergh attended the 5^th Munich Economic Summit from the 3^rd to 5^th May 2006.
• Deputy Ned O'Keeffe attended the OECD Forum on Balancing Globalisation in Paris from 21^st to 23^rd May 2006.
• Deputy Michael Finneran attended the Conference of Chairpersons of Financial Affairs Committees on 28^th / 29^th May 2006 in Vienna.
• Deputy Ned O'Keeffe attended the Annual Meeting of Budgetary Committees of National Parliaments in Brussels from 20^th t o 21^st June 2006.

9. Review of Procedures and Role

The Joint Committee is satisfied with its present procedures and role. The Joint Committee will, however, keep its procedures and role under review and report, as appropriate, to the Committee(s) on Procedure and Privilege(s).

Mr. Seán Fleming T.D.

Chairman

Joint Committee on Finance and the Public Service.

March 2006.

Appendix 1

Orders of Reference

Orders of Reference

Dáil Éireann on 16 October 2002 ordered:

1. 1. That a Select Committee, which shall be called the Select Committee on Finance and the Public Service, consisting of 11 members of Dáil Éireann (of whom 4 shall constitute a quorum), be appointed to consider
      
      1. such Bills the statute law in respect of which is dealt with by the Department of the Taoiseach and the Department of Finance;
      2. such Estimates for Public Services within the aegis of the Department of the Taoiseach and the Department of Finance; and
      3. such proposals contained in any motion, including any motion within the meaning of Standing Order 157 concerning the approval by the Dáil of international agreements involving a charge on public funds,

      as shall be referred to it by Dáil Éireann from time to time.

      
      
   2. For the purpose of its consideration of Bills and proposals under paragraphs (1)(a)(i) and (iii), the Select Committee shall have the powers defined in Standing Order 81(1), (2) and (3).
   3. For the avoidance of doubt, by virtue of his or her ex officio membership of the Select Committee in accordance with Standing Order 90(1), the Taoiseach and the Minister for Finance (or a Minister or Minister of State nominated in his or her stead) shall be entitled to vote.
2. 1. The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on Finance and the Public Service to consider -
      
      1. such public affairs administered by the Department of the Taoiseach and the Department of Finance as it may select, including, in respect of Government policy, bodies under the aegis of those Departments;
      2. such matters of policy for which the Taoiseach and the Minister for Finance are officially responsible as it may select;
      3. such related policy issues as it may select concerning bodies which are partly or wholly funded by the State or which are established or appointed by Members of the Government or by the Oireachtas;
      4. such Statutory Instruments made by the Taoiseach and the Minister for Fianance and laid before both Houses of the Oireachtas as it may select;
      5. such proposals for EU legislation and related policy issues as may be referred to it from time to time, in accordance with Standing Order 81(4);
      6. the strategy statement laid before each House of the Oireachtas by the Taoiseach and the Minister for Finance pursuant to section 5(2) of the Public Service Management Act, 1997, and the Joint Committee shall be so authorised for the purposes of section 10 of that Act;
      7. such annual reports or annual reports and accounts, required by law and laid before both Houses of the Oireachtas, of bodies specified in paragraphs 2(a)(i) and (iii), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select;

      Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993;

      
      

      Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body concerned or by the Taoiseach or the Minister for Finance and

      
      
      8. such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,

      and shall report thereon to both Houses of the Oireachtas.

      
      
   2. The quorum of the Joint Committee shall be five, of whom at least one shall be a member of Dáil Éireann and one a member of Seanad Éireann.
   3. The Joint Committee shall have the powers defined in Standing Order 81(1) to (9) inclusive.
3. The Chairman of the Joint Committee, who shall be a member of Dáil Éireann, shall also be Chairman of the Select Committee.”.

Seanad Éireann on 17 October 2002 ordered:

1. 1. That a Select Committee consisting of 4 members of Seanad Éireann shall be appointed to be joined with a Select Committee of Dáil Éireann to form the Joint Committee on Finance and the Public Service to consider –
      
      1. such public affairs administered by the Department of the Taoiseach and the Department of Finance as it may select, including, in respect of Government policy, bodies under the aegis of those Departments;
      2. such matters of policy for which the Taoiseach and the Minister for Finance is officially responsible as it may select;
      3. such related policy issues as it may select concerning bodies which are partly or wholly funded by the State or which are established or appointed by Members of the Government or by the Oireachtas;
      4. such Statutory Instruments made by the Taoiseach and the Minister for Finance and laid before both Houses of the Oireachtas as it may select;
      5. such proposals for EU legislation and related policy issues as may be referred to it from time to time, in accordance with Standing Order 65(4);
      6. the strategy statement laid before each House of the Oireachtas by the Taoiseach and the Minister for Finance pursuant to section 5(2) of the Public Service Management Act, 1997, and the Joint Committee shall be so authorised for the purposes of section 10 of that Act;
      7. such annual reports or annual reports and accounts, required by law and laid before both Houses of the Oireachtas, of bodies specified in paragraphs 1(a)(i) and (iii), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select;

      Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993;

      
      

      Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body concerned or by the Taoiseach or the Minister for Finance; and

      
      
      8. such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas.

      and shall report thereon to both Houses of the Oireachtas.

      
      
   2. The quorum of the Joint Committee shall be five, of whom at least one shall be a member of Dáil Éireann and one a member of Seanad Éireann.
   3. The Joint Committee shall have the powers defined in Standing Order 65(1) to (9) inclusive.
2. The Chairman of the Joint Committee shall be a member of Dáil Éireann.”.

Appendix 2

Members of the Joint Committee

MEMBERS OF THE JOINT COMMITTEE ON

FINANCE AND THE PUBLIC SERVICE

Deputies:

Richard Bruton (Fine Gael)




Joan Burton (Labour)




John Cregan (Fianna Fáil)




Michael Finneran (vice-Chairman) (Fianna Fáil)




Seán Fleming (Chairman) (Fianna Fáil)




Paul McGrath (Fine Gael)




John McGuinness (Fianna Fáil)




Catherine Murphy (Convenor) (Independent)




M.J. Nolan (Convenor) (Fianna Fáil)




Caoimhghín O Caoláin (Sinn Féin)




Ned O'Keeffe (Fianna Fáil)

Senators:

John Paul Phelan (Fine Gael)




Martin Mansergh (Fianna Fáil)




Joe O'Toole (Independent)




Mary White (Fianna Fáil)

Appendix 3

Meetings of the Joint Committee

Appendix 4

Meetings of the Dáil Select Committee

Appendix 5

Minutes of proceedings of the Joint Committee

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 11^th January 2006

The Joint Committee met at 11.10 a.m. in Committee Room 4, a quorum being present.

1) Attendance

The following members attended:

Deputies: Seán Fleming (in the chair), John Cregan, Paul McGrath, Catherine Murphy, MJ Nolan, Caoimhghín Ó Caoláin and Ned O'Keeffe.
Deputy John Carty was in substitution for Deputy Ned O'Keeffe.

Senators: Joe O'Toole and Mary White.
Senator Peter Callanan was in substitution for Senator Martin Mansergh.

Apologies were received from Deputies Joan Burton, John McGuinness and Senators Martin Marseragh and John Paul Phelan.

2) Minutes of meeting of 14 December 2005

The minutes of the meeting of 14 December 2005 were agreed.

3) Correspondence

• 2005/0211 Central Bank and Financial Services Authority of Ireland – Quarterly Bulletin. NOTED
• 2005/0213 Irish Insurance Federation pre budget submission. NOTED
• 2005/0214 Letter to the Chairman (27/10/05) from the Minister for Finance regarding attendance before the Committee. NOTED
• 2005/0215 Letter to the Chairman (27/10/05) from the Minister for Finance in relation to a letter from the Committee regarding the Information Commissioner. NOTED
• 2005/0216 Letter to the Chairman (2/11/05) from CORI Justice Commission enclosing Policy Briefings on Taxation and on Budget Choices. NOTED
• 2005/0217 Combat Poverty Agency Annual Report 2004. NOTED.
• Correspondence sent by the Committee in relation to an individual taxpayer

4^th July 2005 Letter to the Minister for Finance. For information




9^th August 2005 Letter to the individual taxpayer. For information




22^nd April 2004 Letter to the individual taxpayer. For information




12^th May 2004 Letter to the individual taxpayer. For information




28^th May 2004 Letter to the individual taxpayer. For information




5^th May 2004 Letter to the Director General, Office of the Ombudsman. For information




27^th January 2004 Letter to the Ombudsman. For information




9^th July 2003 Letter to the Chairman of the Revenue Commissioners. For information




9^th July 2003 Letter to the Ombudsman. For information




9^th December 2003 Letter to the individual taxpayer. For information




22^nd December 2005 Letter to the individual taxpayer. For information




22^nd December 2005 Letter to the Minister for Finance For information. ALL NOTED



• 2005/0219 Central Bank and Financial Services Authority of Ireland – Financial Stability Report 2005. NOTED.
• 2005/0220 Report from the Ombudsman: Review of Effectiveness and Value for Money of Publicity Methods used by the Office of the Ombudsman during the Period 2001 – 2003. NOTED.
• 2005/0221 Email to the Clerk (18/11/05) regarding Supplementary Estimates for the Committee. NOTED. Already been dealt with by the Select Committee
• 2005/0222 Financial Regulator Strategic Plan 2006. NOTED
• 2005/0224 Email to the Clerk from the Office of the Financial Regulator regarding the Endowment Mortgage Survey. NOTED (Office of the Financial Regulator to come before the Committee at the next meeting). The IFSRA should be asked if they have a view on the recently announced schemes for equity release for the elderly.
• 2005/0225 Letter to the Clerk from the Decentralisation Implementation Group regarding correspondence concerning the Government's Decentralisation Programme. NOTED
• 2005/0226 Letter to the Chairman from the Irish Taxation Institute enclosing “Proposals for a Certification Process for Tax Incentives and Exemptions”. NOTED
• 2005/0227 Evaluating Public Programmes – Develop your Evaluation Management Capacity – seminars in Brussels and/or E-learning. NOTED
• 2005/0228 Email to the Clerk (06/12/05) regarding COM(2005)507, on why the COM was sent to the Committee NOTED.
• 2005/0229 Letter to the Chairman (30/11/05) from the Committee on Budget, European Parliament enclosing a questionnaire for the national parliaments. It was agreed to seek appropriate information from the Minister for Finance prior to considering a response.
• 2005/0230 Action on Poverty Today, winter edition. NOTED
• 2005/0231 Annual Report of the Department of Environment, Heritage and Local Government. NOTED
• 2005/0232 Fax to the Chairman (13/12/05) from an individual taxpayer regarding the Minister for Finance. NOTED
• 2005/0233 Email to the Clerk (12/12/05) from Prof. Maeve McDonagh seeking information regarding the Committee. NOTED
• 2006/0234 Email to the Committee (13/12/05) from Mr. Hans Zomer, Director, Dóchas regarding the proposed relocation of DCI (Development Cooperation Ireland) to Limerick. It was agreed that the Clerk refer the documentation to the Dept of Foreign Affairs and the Minister for Foreign Affairs for observations and a detailed report.
• 2006/0235 Invite to the OECD High-level Parliamentary Seminar on the “Policy Implications of Ageing Populations” in Paris on 23 February 2006 Travel proposal to be put on the agenda for next meeting.
• 2006/0236 Email to the Clerk (22/12/05) from the German Embassy regarding a visit from the German Finance Committee. Clerk to make arrangements.
• 2006/0237 Letter to the Chairman (6/12/05) from Jurgan Chrobog, Chairman, Board of Directors, BMW Foundation Herbert Quandt and Prof. Dr. Dr. h.c. Hans-Werner Sinn, Professor of Economics and Public Finance, University of Munich, President, Ifo Institute for Economic Research inviting the Committee to the 5^th Munich Economic Summit on the 4^th and 5^th May 2006. Travel proposal to be put on the agenda for next meeting.
• 2006/0238 Letter to the Chairman (22/12/05) from Ms. Emily O'Reilly regarding the Freedom of Information Act, 1997 (FOI Act) (Section 32). NOTED
• 2006/0239 Letter to the Chairman (22/12/05) from the Financial Regulator regarding endowment mortgages. NOTED – amended letter next item of correspondence
• 2006/0240 Amended letter to the Chairman (22/12/05) from the Financial Regulator regarding endowment mortgages. NOTED
• 2006/0241 Letter to the Chairman (13/12/05) from Mr. Hans Zomer, Director, Dóchas regarding the proposed relocation of DCI (Development Cooperation Ireland) to Limerick NOTED. Same correspondence as 2006/0234
• 2006/0242 Letter to the Chairman (20/12/05) from Mr. Brian Cowen TD, Minister for Finance regarding proposed reforms of the Budgetary and Estimates Process. (Invitation to Opposition Spokespersons and Party Whips). NOTED
• 2006/0243 Letter to the Clerk (3/01/06) from the Dept of Finance enclosing a copy of the Finance Bill 2006 timetable NOTED. Proposed Committee stage on 21- 23 February 06
• 2006/0244 Email to the Clerk (04/01/06) from Prof. Maeve McDonagh seeking information relating to the Committee. Clerk should inform Prof McDonagh as per transcript.
• 2006/0245 Letter to the Clerk (06/01/06) from Ceann Comhairle's Office attaching a letter for the attention of the Committee re the EU parliament inter-parliamentary debate in Brussels entitled ‘How to raise growth in the Euro area?’ on February 20 and 21 ‘06. NOTED
• 2006/0246 Email to the Clerk (09/01/06) from Veronica Healy, Local Government Project Development Section regarding the setting up of an Informal All-Party Parliamentary Group on Seanad Reform. It was agreed that the five pages of the groups report be circulated to members for views. In the meantime the Committee would adjourn discussion on the matter.
• 2006/0247 Email to the Clerk (09/01/06) regarding the EU/Austrian Presidency/Economy priorities. NOTED

EU SCRUTINY

• 2005/0212 Letter to the Clerk (27/10/05) from the Clerk to the Sub-Committee on EU Scrutiny with proposals referred to the Committee. NOTED
• Letter to the Clerk (2/12/05) from the Clerk to the sub-Committee on EU Scrutiny with proposals referred to the Committee:
  COM(2005)507 Proposal for a Directive of the European Parliament and of the Council on improving the portability of supplementary pension rights NOTED.
• 2006/0248 Letter to the Clerk (15/12/05) from the Clerk to the sub-Committee on EU Scrutiny with proposals referred to the Committee:
  COM(2005)629
  White Paper on Financial Services Policy 2005 – 2010 NOTED

Statutory Instruments

• 2005/0218
  SI No 673 of 2005: Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2005
  SI No 672 of 2005: Ethics in Public Office (Prescribed Public Bodies, Designated Directorship of and Positions in Public Bodies) Regulations 2005 Maybe revisited as part of the Joint Committee's programme of work.
• 2005/0223
  SI No 725 of 2005: Valuation Act 2001 (Global Valuation) (Radio Telifís Éireann) Order 2005
  SI No 726 of 2005: Valuation Act 2001 (Global Valuation) (NTL) Order 2005
  SI No 727 of 2005: Valuation Act 2001 (Global Valuation) (Chorus) Order 2005 NOTED

4) Documents/proposals referred by the sub-Committee on EU Scrutiny

The following EU Scrutiny documents were considered:

• COM(2005)334 Amended proposal for a Council Directive amending Directive 77/388/EEC as regards the place of supply of services
• COM(2005)547 Preliminary Draft General budget of the European Communities for the financial year 2006
• COM(2005)314 Green Paper on the enhancement of the EU Framework for Investment Funds
• COM(2005)327 Green Paper on mortgage Credit in the EU
• COM(2005)261 Proposal for a Council Directive on passenger car related taxes
• COM(2005)507 Proposal for a Directive of the European Parliament and of the Council on improving the portability of supplementary pension rights
• COM(2005)629 White Paper on Financial Services Policy 2005 – 2010

It was agreed at this stage to further scrutinise COM(2005)334 and COM(2005)261.

It was agreed to seek full current information on the following EU proposals:

COM(2005)314 Green Paper on the enhancement of the EU Framework for Investment Funds

COM(2005)327 Green Paper on mortgage Credit in the EU

COM(2005)507 Proposal for a Directive of the European Parliament and of the Council on improving the portability of supplementary pension rights

COM(2005)629 White Paper on Financial Services Policy 2005 – 2010

5) Adjournment

There being no further business the Committee adjourned at 12.50 p.m. until Wednesday 18^th January.

Sean Fleming T.D.,
Chairman
18 January 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 18^th January 2006

The Joint Committee met at 3.11 p.m. in Committee Room 4, a quorum being present.

1) Attendance

The following members attended:

Deputies: Seán Fleming (in the chair), Paul McGrath, Catherine Murphy, MJ Nolan, Caoimhghín Ó Caoláin and Ned O'Keeffe.

Senators: Joe O'Toole, John Paul Phelan and Martin Mansergh.
Senator Peter Callanan was in substitution for Senator Mary White

Also in attendance were Deputy Michael Ring, Senators John Hanifan and Paddy Burke.

Apologies were received from Senator Mary White.

2) Minutes of meeting of 11 January 2006

The minutes of the meeting of 11 January 2006 were agreed.

3) Correspondence

• 2006/0249 Letter to the Clerk (10/01/06) from the Clerk to the sub-Committee on EU Scrutiny regarding proposals referred in 2005. Noted. Dealt with at the meeting of 11 January 06 with the EU Scrutiny.
• 2006/0250 Letter to the Chairman from Mark Duffy, Chief Executive, Bank of Scotland regarding opening of its' retail bank. NOTED.
• 2006/0251 Email to the Clerk (11/01/06) from Kevin Leydon attaching the Financial Services report: Commission press release. NOTED.
• 2006/0252 Email and letter to the Clerk (11/01/06) from the Committee on European Affairs attaching an invitation to an inter-parliamentary meting entitled “How to raise growth in the Euro area?! – A debate with National Parliaments in Brussels, 20^th – 21^st February 2006. NOTED (Committee had decided not to attend)
• 2006/0253 Email to the Clerk (11/01/06) from Kevin Leydon regarding the commission recommendation on UK budget. NOTED
• 2006/0254 Email to the Clerk (11/01/06) from Kevin Leydon regarding EU tax. (press release) NOTED
• 2006/0255 Email to the Clerk (11/01/06) from Kevin Leydon regarding opening shots in Act 2 of the Financial Perspectives debate. NOTED
• 2006/0256 Email to the Clerk (12/01/06) from Prof. Maeve McDonagh regarding information she sought from the Committee. NOTED
• 2006/0257 Letter to the Clerk (10/01/06) from the Department of Justice Equality and Law Reform enclosing a copy of the Departments Strategy Statement 2005-2007. NOTED
• 2006/0258 Department of Justice Equality and Law Reform Annual Report. NOTED
• 2006/0259 Email to the Clerk (16/01/06) from Kevin Leydon attaching the Austrian and Finland Presidency programme. NOTED.
• 2006/0260 Inforegio news – newsletter November 2005. NOTED
• 2006/0261 Email to the Clerk (16/01/06) from Ms. Irene Kirwan, Central Decentralisation Unit, Dept of Finance attaching a table showing the number of civil servants assigned to decentralising posts up to end December 05. NOTED
• Correspondence sent by the Committee

Letter sent to sub-Committee on EU Scrutiny




Letter sent to the Dept of Finance regarding EU proposals




Letter sent to the Dept of Social and Family Affairs regarding EU proposals




Letter sent to the Dept of Enterprise Trade and Employment regarding EU proposals




Letter sent to Dept of Finance regarding the questionnaire from the European Parliamentary Committee on Budget




Letter to be sent to the Minister for Foreign Affairs regarding proposed relocation of Development Cooperation Ireland ALL NOTED

4) Invitations to travel/attend conferences

• Proposed attendance at the OECD High-level Parliamentary Seminar on the “Policy Implications of Ageing Populations” in Paris on 23 February 2006

The following motion was agreed:

“The Joint Committee in the interest of informing itself in pursuance of its terms of reference, agrees to accept the invitation received from the Organisation for Economic Cooperation and Development (OECD) to participate in a High level OECD Parliamentary Seminar on “Policy Implications of Ageing Populations” which will take place at OECD headquarters in Paris on 23^rd February, 2006. The estimated cost of attendance is Euro 946 per member and Euro 906 for an official.”

It was agreed that the Chairman and two members from each side (to be proposed by convenors or party whips) would attend.

• Proposed attendance at the 5^th Munich Economic Summit on the 4^th and 5^th May 2006

The following motion was agreed:

“The Joint Committee in the interest of informing itself in pursuance of its terms of reference, agrees to accept the invitation received to participate in the 5^th Munich Economic Summit which will take place in the Hotel Bayerischer Hof in Munich on the 4 and 5 May 2006. The estimated cost of attendance is Euro 962 per member and Euro 922 for an official.”

It was agreed that two members (to be proposed by convenors) from both sides would attend.

• Proposed travel to examine the financial regulation/freedom of information environment in New Zealand

It was proposed to discuss this further.

5) Survey on endowment mortgages – discussion with the Financial Regulator and the Financial Services Ombudsman

Mr. Liam O'Reilly, Chief Executive, Financial Regulator and Mr. Joe Meade, Financial Services Ombudsman made opening statements. A question and answer session followed. Also in attendance was Ms. Mary O'Dea.

It was agreed that the Financial Regulator would return to the Chairman on the question of the issuing of annual statements to those with higher purchase agreements.

6) Adjournment

There being no further business the Committee adjourned at 5.35 p.m. until Wednesday 1^st February when the Committee will scrutinise COM(2005)334 Amended proposal for a Council Directive amending Directive 77/388/EEC as regards the place of supply of services.

Sean Fleming T.D.,
Chairman

1 February 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 1^st February 2006

The Joint Committee met at 3.11 p.m. in Committee Room 1, a quorum being present.

1) Attendance

The following members attended:

Deputies: Seán Fleming (in the chair), Richard Bruton, Joan Burton, Michael Finneran, Paul McGrath, Catherine Murphy, MJ Nolan, Caoimhghín Ó Caoláin and Ned O'Keeffe.

Senators: Senator Ann Ormonde was in substitution for Senator Martin Mansergh

Apologies were received from Senator Mary White.

2)Minutes of meeting of 18 January 2006

The minutes of the meeting of 18 January 2006 were agreed.

3)Correspondence

2006/0262 Letter to the Chairman (13/01/06) from the Minister for Finance regarding the Information Commissioner fees for appeal. The Committee's disappointment in the response should be conveyed to the Minister

2006/0263 Letter to the Clerk (11/01/06) from the European Commission regarding a formal complaint concerning the structural funds. NOTED

2006/0264 IMF Survey – January 2006. NOTED – copy available upon request

2006/0265 Letter to the Clerk (16/01/06) from the Central Decentralisation Unit enclosing a progress report on the decentralisation programme. The Secretariat should request that a more comprehensive report should be supplied in the future. The Decentralisation Unit should also be asked on the position regarding a replacement tranche for the Combat Poverty Agency in Monaghan. The effect of the public service embargo on decentralisation should also be ascertained

2006/0266 Letter to the Chairman from an individual regarding conduct of the Office of the Information Commissioner. A copy of the letter should be sent to the Information Commissioner stating that the matter may be raised on her next appearance before the Committee

2006/0267 Letter to the Committee (9/12/05) from the OECD enclosing a copy of Highlights from the Six OECD Forums. NOTED

2006/0268 Letter to the Chairman (17/01/06) from an individual regarding the Office of the Information Commissioner. NOTED. It was agreed to write to the Ombudsman for comment on why an office should be given immunity from the Freedom of Information Act

2006/0269 Letter to the Clerk (18/01/06) from the Dept of Enterprise Trade and Employment regarding information sought on COM(2005)314 EU Green Paper on the enhancement of the EU Framework for Investment Funds. NOTED

2006/0270 Letter from the Chief Whip regarding legislative programme for the next Dáil session. NOTED

2006/0271 Email to the Clerk (24/01/06) from the Dept of Finance regarding information sought on COM(2005)629 White Paper on Financial Services Policy 2005 – 2010. NOTED

2006/0272 Email to the Clerk (24/01/06) from Frank Mulcahy. NOTED

2006/0273 Email to the Clerk (19/01/06) from Frank Mulcahy regarding a formal complaint concerning the structural funds. NOTED

2006/0274 Email to the Clerk (20/01/06) from Kevin Leydon attaching a report of the January Plenary session of the European Parliament. NOTED

2006/0275 Email to the Clerk (23/01/06) from the Office of the Information Commissioner regarding the Commissioners report to the Committee. NOTED

20060276 Letter to the Clerk (23/01/06) from the Dept of Justice Equality and Law Reform enclosing copies of the Departments Strategy Statement 2005-2007. NOTED

20060277 Letter to the Chairman from Deputy Joan Burton regarding the scrutiny of European Union Affairs. It was agreed that a detailed report on the current position regarding the transposition of EU measures across Departments be sought

2006/0278 Email to the Clerk (30/01/06) from Richard Williams requesting that a Bosnian delegation attend the 2006 Finance Bill hearings. Agreed that the Clerk make the necessary arrangements

2006/0279 Email to the Clerk (30/01/06) from Clerk to the European Affairs Committee regarding the inter-parliamentary meeting in Lisbon. NOTED

2006/0280 Email to the Clerk (30/01/06) from Kevin Leydon regarding breaking news in the Commission for the period 30 January to 19 February 06. NOTED

2006/0281 Email to the Clerk (30/01/06) from Kevin Leydon regarding a report on the Committee week commencing 23 January 2006. NOTED

2006/0282 Email to the Clerk (11/01/06) from Clerk to the European Affairs Committee regarding the inter-parliamentary meeting in Lisbon. NOTED

2006/0284 Letter to the Clerk (30/01/06) from Freedom of Information Officer, Dept of Justice Equality and Law Reform. For meeting of the 15^th February 2006

2006/0285 Letter to the Clerk (30/01/06) from Inter-parliamentary Unit enclosing correspondence regarding a follow up to the second phase of the world summit on the information society. NOTED

2006/0286 Letter to the Clerk (31/01/06) from the Committee on Education and Science enclosing correspondence regarding the OECD High level Parliamentary seminar. NOTED

EU Scrutiny

2006/0283 Letter to the Clerk (27/01/06) from the Clerk to the sub-Committee on EU Scrutiny with proposals referred to the Committee.

It was noted that:

COM(2005)608 Proposal for a Regulation laying down the Community Customs Code

COM(2005)609 Proposal for a Decision regarding the implementation of the Community Lisbon Programme: on a paperless environment for customs and trade

have been referred for further scrutiny

4)Committee Documentation

It was agreed that material received be published when discussed.

5)EU Scrutiny: COM(2005) Proposal for a Council Directive on passenger car related taxes

Mr. John Burke, Dept of Finance made an opening statement. A question and answer session followed.

Also in attendance were Ms. Lynda Finneran, Dept of Finance, Mr. Kiaran Coyle and Mr. Paddy Barrett, Revenue Commissioners.

6)Adjournment

There being no further business the Committee adjourned at 5.19 p.m. until Wednesday 15^th February when the Committee will:

1. scrutinise COM(2005)334 Amended proposal for a Council Directive amending Directive 77/388/EEC as regards the place of supply of services.
2. review under Section 32 [2] of certain previsions of the Freedom of Information Act 1997

Sean Fleming T.D.,
Chairman

15 February 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 15^th February 2006

The Joint Committee met at 3.20 p.m. in Committee Room 4, a quorum being present.

1)Attendance

The following members attended:

Deputies: Michael Finneran (in the chair), Richard Bruton, Joan Burton, Paul McGrath, Catherine Murphy, MJ Nolan and Caoimhghín Ó Caoláin.

Senators: Martin Mansergh

Also in attendance was Senator John Hanafin

Apologies were received from Deputies Sean Fleming and Ned O'Keeffe.

2)Minutes of meeting of 1 February 2006

The minutes of the meeting of 1 February 2006 were agreed.

3)Correspondence

• Quarterly Bulletin from the Central Bank and Financial Service Authority of Ireland NOTED
• 2006/0287 Letter to the Chairman (23/01/06) from the Chairman of Shared Home Investment Plan Ltd (SHIP) regarding comments made by the Chief Executive, Irish Financial Services Regulatory Authority at the meeting of the Committee on 18 January 2006 It was agreed to refer the correspondence to the Financial Regulator for a response to the point raised after which the Committee will decide on further action
• 2006/0288 Letter to the Chairman (25/01/06) from Head of Corporate Affairs, Ulster Bank regarding a recent initiative by Ulster Bank NOTED
• 2006/0289 Letter to the Chairman (25/01/06) from Private Secretary of the Minister for Foreign Affairs acknowledging the letter sent regarding the proposed relocation of DCI NOTED
• 2006/0290 Copy of the Change Management Fund Expenditure Review (November 2005) from the Department of Finance NOTED
• 2006/0291 Letter to the Chairman (03/02/06) from the Department of the Taoiseach enclosing a copy of the NESC Strategy 2006: People Productivity and Purpose NOTED
• 2006/0292 Email to the Clerk (07/02/06) from Kevin Leydon NOTED
• 2006/0293 Email to the Clerk (07/02/06) from Kevin Leydon regarding last week in Brussels NOTED
• 2006/0294 Email to the Clerk (08/02/06) from Kevin Leydon attaching Report on the joint conference on the Lisbon Agenda NOTED
• 2006/0295 Letter to the Clerk (8/02/06) referring the Finance Bill 2006 to the Select Committee NOTED – dealt with by the Select Committee
• 2006/0296 Email to the Clerk (08/02/06) from Kevin Leydon attaching the updated Austrian Presidency agenda NOTED
• 2006/0297 Letter to the Chairman (01/02/06) from the Irish Association of Older People regarding equity release products enclosing their Newsletters It was agreed to refer the correspondence to the Financial Regulator for a response to the point raised after which the Committee will decide on further action
• 2006/0298 Letter to the Chairman (08/02/06) from the Minister for Finance regarding an individual taxpayer NOTED
• 2006/0299 Email to the Clerk (09/02/06) from Kevin Leydon regarding European Parliamentary business next week NOTED
• 2006/0300 Letter to the Chairman (09/02/06) regarding the Freedom of Information Act 1997 Section 32 relevant to Item 5 below
• 2006/0301 Department of Justice Equality and Law Reform 2004 Annual Report NOTED
• 2006/0302 Fax to the Chairman (09/01/06) from the Revenue Commissioners attaching figures requested by the Committee at it's meeting on the 1 February 06 NOTED
• Reports from Departments under section 32 of Freedom of Information Act 1997 for today's meeting

EU Scrutiny

• 2006/0303 Letter to the Clerk (09/02/06) from the Clerk to the sub-Committee on European Scrutiny with proposals considered by the sub-Committee NOTED

Correspondence sent by the Committee

Letter to be sent to the Minister for Finance regarding Item No 2006/0262

Letter to the Central Decentralisation Unit, Dept of Finance regarding Item No 2006/0265

Letter to the Information Commissioner regarding Item No 2006/0266

Letter to the Ombudsman regarding Item No 2006/0268

Letter to be sent to the Minister of State at the Dept of the Taoiseach with responsibility for European Affairs regarding Item No 2006/0277 All for information

4)EU Scrutiny: COM(2005)334 Amended Proposal for a Council Directive amending Directive 77/388/EEC as regards the place of supply of services

Mr. Ray Kavanagh, VAT Policy Unit, Department of Finance made an opening statement. A question and answer session followed. Also in attendance were:

Mr. Ronan O'Reilly, VAT Policy Unit, Dept of Finance

Ms. Clare Robson, VAT Policy and Legislation, Revenue Commissioners

Mr. Kevin Fitzgerald, VAT Policy and Legislation, Revenue Commissioners

5)Review under Section 32 [2] of certain provisions of the Freedom of Information Act 1997

It was agreed that the Information Commissioner and the Secretary General of the Department of Finance would be invited before the Committee to discuss the Information Commissioners Report to the Committee.

6)Adjournment

There being no further business the Committee adjourned at 5.26 p.m. sine die.

Sean Fleming T.D.,
Chairman

16 March 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 16^th March 2006

The Joint Committee met at 10.40 a.m. in Committee Room 4, a quorum being present.

1)Attendance

The following members attended:

Deputies: Seán Fleming (in the chair), Richard Bruton, Joan Burton, Paul McGrath, John McGuinness, MJ Nolan and Ned O'Keeffe.

Senators: Martin Mansergh, Joe O'Toole, John Paul Phelan and Mary White

Also in attendance were Deputies Dan Boyle and Michael Ring.

Apologies were received from Deputy John Cregan and Caoimhghín Ó Caoláin.

2)Minutes of meeting of 15 February 2006

The minutes of the meeting of 15 February 2006 were agreed.

3)Correspondence

Correspondence was deferred until the 22 March.

4)Review under Section 32 [2] of certain provisions of the Freedom of Information Act 1997

Ms. Emily O'Reilly, Information Commissioner made an opening statement. A question and answer session followed. Also in attendance were:

Mr. Fintan Butler, Senior Investigator

Ms. Marie O'Brien, Investigator

Mr. Eddie Sullivan, Secretary General, Public Service Management and Development, Department of Finance made an opening statement. A question and answer session followed. Also in attendance were:

Mr. Ronan Fox, Dept of Finance

Ms. Mary McLarney, Dept of Finance

Ms. Caitriona O'Brien, Dept of Finance

Ms. Rita Meehan, Dept of Finance

5)Adjournment

There being no further business the Committee adjourned at 1.30 p.m. until the 22 March 2006.

Sean Fleming T.D.,
Chairman

22 March 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 22^nd March 2006

The Joint Committee met at 3.09 p.m. in Committee Room 4, a quorum being present.

1)Attendance

The following members attended:

Deputies: Seán Fleming (in the chair), Richard Bruton, Joan Burton, Catherine Murphy, MJ Nolan and Caoimhghín Ó Caoláin.

Senators: Mary White

2)Minutes of meeting of 16 March 2006

The minutes of the meeting of 16 March 2006 were agreed.

3)Correspondence

2006/0304 Letter to the Committee (01/02/06) from the OECD enclosing a compilation of recent Policy Briefs on OECD's work on China. NOTED

2006/0305 Letter to the Clerk (15/02/06) from EU Liaison Officer, Joint Committee on European Affairs enclosing a correspondence received from the European Parliament in relation to the documents adopted at its session of 12^th to 15^th December 2005. NOTED

2006/0306 Letter to the Chairman from Senator Joe O'Toole regarding tolls and toll barriers of the M50 between the State/Local Authority and National Toll Roads [NTR].Consideration deferred to next meeting

2006/0307 Letter to the Chairman (09/02/06) regarding the Freedom of Information Act 1997 Section 32 Dealt with at meeting of 15 February 2006 – item no 2006/0300

2006/0308 Letter to the Chairman (08/02/06) from Minister for Foreign Affairs regarding the proposed relocation of DCI to Limerick NOTED

2006/0309 Letter to the Chairman (09/02/06) from the Financial Regulator regarding his retirement It was agreed to reply conveying the Committee's thanks and best wishes

2006/0310 Letter to the Clerk (15/02/06) from Deputy Ó Caoláin enclosing correspondence regarding an individual taxpayer. Dealt with under Item No 2006/0331

2006/0311 Email to the Clerk from Kevin Leydon regarding last week in Strasbourg NOTED

2006/0312 Letter to the Clerk from an individual. Will be taken into account when compiling FOI Review Report

2006/0313 Letter to the Clerk (16/02/06) on behalf of the Ombudsman acknowledging letter sent re Item No 2006/0268 NOTED

2006/0314 Letter to the Clerk (16/02/06) on behalf of the Information Commissioner acknowledging letter sent re Item No 2006/0266 NOTED

2006/0315 Letter to the Clerk from Deputy Joan Burton. Was agreed to invite the Irish League of Credit Unions to attend a meeting (date to be set)

2006/0316 Email to the Clerk (20/02/06) regarding an update for inter-parliamentary debate with National Parliaments: “How to raise growth in the Euro area?” NOTED

2006/0317 Email to the Clerk (20/02/06) from Kevin Leydon attaching the highlights of the coming week. NOTED

2006/0318 Letter to the Clerk (22/02/06) from the Clerk to the Joint Committee on European Affairs regarding correspondence received from the European Parliament in relation to the documents adopted at its session of 16 to 19 January 2006. NOTED

2006/0319 Combat Poverty Agency – Partnership Submission. NOTED

2006/0320 Email to the Clerk (28/02/06) from Kevin Leydon regarding Laszlo Kovacs speaking on “Taxation and the Competitiveness Agenda”. Full briefing to be requested from Mr. Leydon

2006/0321 Email to the Clerk (02/03/06) from the Clerk to the sub-Committee on EU Scrutiny regarding CFAC – Conference of Chairpersons of Financial Affairs Committees, Vienna 29 May 2006. To be placed on the agenda of next meeting.

2006/0322 OECD Forum 2006 – Balancing Globalisation. To be placed on the agenda of next meeting

2006/0323 Letter to the Committee (02/03/06) from an individual regarding the case of Tralee Beef and Lamb. Consideration deferred until next meeting

2006/0324 Email to the Clerk (07/03/06) from the Clerk to the sub-Committee on EU Scrutiny regarding additional information re COM(2005)608. Consideration deferred until meeting on EU Scrutiny

2006/0325 Email to the Clerk (03/03/06) from Ron O'Connor, Dept of Finance regarding updated information note on COM (2005)327. Consideration deferred until meeting on EU Scrutiny

2006/0327 Email to the Clerk (07/03/06) from an individual regarding a complaint to OLAF and the Garda Commissioner. The Clerk should write to the individual stating that the matter is not within the Terms of Reference of the Committee

2006/0328 Email to the Clerk (02/03/06) regarding OECD forum. NOTED – as Item No 2006/0322

2006/0329 Letter to the Chairman (06/03/06) from Minister of State at the Dept of the Taoiseach regarding transposition of EU matters into Irish law. NOTED

2006/0330 Letter to the Chairman (02/03/06) from the Minister of State at the Dept of Environment, Heritage and Local Government regarding Tralee Beef and Lamb Ltd. Consideration deferred until next meeting

2006/0331 Letter to the Chairman (23/02/06) from an individual regarding his case with the Ombudsman and Revenue. The Clerk should write to the Minister for Finance asking him to reconsider his position

2006/0332 Email to the Clerk (09/03/06) regarding the latest agenda of ECOFIN Council meeting 14/03/06. NOTED

2006/0333 Email to the Clerk (09/03/06) from Michael Murray, Dept of Environment Heritage and Local Government regarding Section 32 Report. Relevant to today's meeting

2006/0334 Letter to the Chairman Minister of State Tom Kitt regarding the Select Committees' debate on a supplementary estimate for the Chief State Solicitor's Office and information requested therein. A meeting should be arranged with that Office and officials from the Department of Education and Science

2006/0335 Email to the Clerk (10/03/06) regarding the agenda for the March Plenary session in Strasbourg. NOTED

2006/0336 Letter to the Chairman from the president of the Institute of Chartered Accountants in Ireland enclosing a position paper by the ICAI on the audit exemption regime in Ireland. Should be referred to the Joint Committee on Enterprise and Small Business for attention

2006/0337 Letter to the Committee (16/03/06) from the OECD enclosing a compilation of OECD Policy Briefs. NOTED

2006/0326 EU Scrutiny

Letter to the Clerk (02/03/06) from the Clerk to the sub-Committee on EU Scrutiny

COM(2006)15 Proposal for a Directive on the assessment and management of floods Consideration deferred until next meeting on EU Scrutiny

COM(2006)5 Amended proposal for a Council Directive Regulation establishing a Cohesion Fund. Consideration deferred until next meeting on EU Scrutiny

2006/0338 Statutory Instruments

SI No 110 of 2005 Superannuation (Designation of Approved Organisations) Order 2006 NOTED

SI No 112 of 2005 Double Taxation Relief (Taxes on Income) (Adjustment of Profits of Associated Enterprises) (Accession States) Order 2006 NOTED

SI No 410 of 2005 Taxes Consolidation Act 1997 (Qualifying Urban Renewal Areas) (Tallaght, Dublin) Order 2004 (Amendment) Order 2005 NOTED

SI No 412 of 2005 Taxes Consolidation Act 1997 (Qualifying Town Renewal Areas) (Banagher, County Offaly) Order 2004 (Amendment) Order 2005 NOTED

SI No 828 of 2005 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulation (No 3) 2005 NOTED

The Committee went into private session during consideration of correspondence at 3.21 p.m. until 3.25 p.m.

4)Review under Section 32 [2] of certain provisions of the Freedom of Information Act 1997

It was agreed that the Chairman would write to Departments regarding their report to the Information Commissioner, where the Commissioners' opinions are at variance with those from Government Ministers.

It was also agreed to invite the Secretary General of the Department of Health and Children to come before the Committee.

The Committee suspended from 3.41 p.m. until 3.45 p.m.

5)Consideration of Annual Report 2005 and Work Programme 2006

It was agreed to adopt the Annual Report 2005 and to defer consideration of the Work Programme 2006.

6)Adjournment

There being no further business the Committee adjourned at 4.30 p.m. until 12^th April 2006 at 3 p.m.

Sean Fleming T.D.,
Chairman

12 April 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 12 April 2006

The Joint Committee met at 3.11 p.m. in Committee Room 4, a quorum being present.

1)Attendance

The following members attended:

Deputies: Seán Fleming (in the chair), Martin Brady (in substitution for Deputy John Cregan) Joan Burton, Michael Finneran, Paul McGrath, John McGuinness, Catherine Murphy, MJ Nolan and Caoimhghín Ó Caoláin.

Senators: John Paul Phelan and Diarmuid Wilson (in substitution for Senator Martin Mansergh)

Apologies: Deputy Richard Bruton and Senator Joe O'Toole

2)Minutes of meeting of 22 March 2006

The minutes of the meeting of 22 March 2006 were agreed.

Consideration of Item Nos. 2006/0306, 2006/0323 and 2006/0330 from the meeting of the 22 March were deferred until the next meeting.

3)Correspondence

2006/0339 Letter to the Chairman (15/03/06) from the Consumer Director in the Financial Regulator regarding hire purchase agreements NOTED – Arising from the meeting of 18 January 2006. It was agreed to forward the correspondence to the Minister for Finance for his detailed observations and proposals

2006/0341 Letter to the Clerk (22/03/06) from the Chief Executive, Financial Regulator regarding correspondence sent by the Committee arising from the meeting of the 15 February 2006 (acknowledgment letter) NOTED

2006/0342 Email to the Clerk (28/03/06) from the Clerk to the sub-Committee on EU Scrutiny attaching an update on COM(2003)371 To be deferred until the proposed meeting on EU Scrutiny

2006/0343 Email to the Clerk (28/03/06) from Freedom of Information Unit, Dept of Health and Children regarding FOI Act Section 32 review, Committee Hearings NOTED - Clerk tried to contact author

2006/0344 Email to the Clerk (29/03/06) from the Clerk to the sub-Committee on EU Scrutiny with a reminder of the Conference of Chairpersons of Financial Affairs Committees in Vienna on 29 May 2006 NOTED – Discussed in Item 3 of the Agenda

2006/0345 Email to the Clerk (30/04/06) from Kevin Leydon regarding an annual meeting with the Committee on Budgets of the European Parliament on 21 June 2006 NOTED

2006/0346 Letter to the Chairman (28/03/06) from Mr. Pat Carey T.D. regarding the Association of Retired Prison Officers It was agreed to invite this and related groups to a meeting (date to be agreed)

2006/0347 Letter to the Chairman (29/03/06) from Minister for Social Affairs regarding the National Pensions Review, inviting attendance in Dublin Castle on 5^th May NOTED

2006/0348 Letter to the Chairman (28/03/06) from Deputy Ó Caoláin regarding the decentralisation of FÁS head office staff NOTED

2006/0349 Letter to the Clerk (28/03/06) from the Industry and Parliament Trust enclosing the latest edition of the Industry and Parliament Trust's magazine The Bridge NOTED

2006/0350 IMF Survey – Vol. 35 No 6 – March 2006 Edition NOTED

2006/0351 Letter to the Clerk from the Secretary General, Dept of Environment Heritage and Local Government enclosing a copy of the Departments Customer Service Action Plan 2006-2008 NOTED

2006/0352 Email to the Secretariat (31/03/06) from the Dept of Social and Family Affairs attaching an additional information on COM(2005)507 To be deferred until the proposed meeting on EU Scrutiny

Action on Poverty Today – Spring 2006 Edition NOTED

2006/0353 Letter to the Clerk (31/03/06) from the Central Decentralisation Unit, Dept of Finance enclosing a progress report on the decentralisation programme NOTED

2006/0354 Letter to the Chairman (31/03/06) from the Minister for Enterprise Trade and Employment acknowledging the letter sent re Section 32 of the FOI Act 1997 NOTED

2006/0355 Letter to the Chairman (31/03/06) from the Minister for Community Rural and Gaeltacht Affairs Office acknowledging the letter sent re Section 32 of the FOI Act 1997 NOTED

2006/0356 Letter to the Chairman (31/03/06) from the Minister for Communication Marine and Natural Resources Office acknowledging the letter sent re Section 32 of the FOI Act 1997 NOTED

2006/0357 Letter to the Chairman (31/03/06) from the Chief Whip's Office acknowledging the letter sent regarding the Joint Committee Meeting on the 12 April 2006 NOTED

2006/0358 Letter to the Chairman (no date) regarding the Conference of the Chairpersons of the Financial Affairs Committees NOTED – see Agenda Item 3 re travel proposals

2006/0359 Email to the Clerk (06/04/06) from the Freedom of Information Unit, Dept of Health and Children regarding the meeting on the 20 April 2006 NOTED

2006/0360 Email to the Clerk (07/04/06) from Kevin Leydon regarding commission communication on a common consolidated corporate tax base NOTED

2006/0361 Communiqué – European Foundation for the Improvement of Living and Working Conditions (Newsletter – March 2006) NOTED

2006/0362 Letter to the Clerk (07/04/06) forward by the Joint Committee on Education and Science regarding the OECD Economic Forum 2006 NOTED – see item 3 re travel proposals

2006/0364 Letter to the Clerk (10/04/06) from the Joint Committee on European Affairs enclosing a correspondence received by the Committee in relation to a Parliamentary Meeting on the Future of Europe in Brussels on 8 and 9 May 2006 NOTED – to be put on the agenda for next week's meeting

2006/0365 Email to the Clerk (10/04/06) enclosing a copy of the EPRI Newsletter NOTED

2006/0366 INFOREGIO NEWS – European Union Regional Policy Newsletter, February 2006 NOTED

2006/0367 Email to the Clerk (11/04/06) from Deputy Murphy enclosing parliamentary questions on court actions re special education Relevant to today's meeting

2006/0368 Letter to the Clerk (10/04/06) from the Chief State Solicitor regarding the meeting of the 12 April 2006 Relevant to today's meeting

EU SCRUTINY

2006/0340 Letter to the Clerk (23/03/06) from the Clerk to the sub-Committee on EU Scrutiny NOTED

2006/0363 Letter to the Clerk (06/04/06) from the Clerk to the sub-Committee on EU Scrutiny NOTED

4)Invitations to travel/attend conferences

• Proposed attendance at the OECD Forum – Balancing Globalisation in Paris on the 22/23 May

The following motion was agreed:

“The Joint Committee in the interest of informing itself in pursuance of its terms of reference, agrees to accept the invitation received from the Organisation for Economic Cooperation and Development (OECD) to participate in the OECD Forum 2006 – Balancing Globalisation which will take place at OECD headquarters in Paris on 22/23^rd May 2006. The estimated cost of attendance is Euro 2,490.67 per member and Euro 2,440.67 for an official.”

It was agreed to send a maximum of four members and one official

• Proposed attendance at the Conference of Chairpersons of Financial Affairs Committees in Vienna on the 29 May 2006

The following motion was agreed:

“The Joint Committee in the interest of informing itself in pursuance of its terms of reference agrees to accept the invitation received to participate in the Conference of the Chairpersons of Financial Committees which will take place on the 29 May 2006 in Vienna. The estimated cost of attendance is Euro 1,177.67 per member and Euro 1,127.67 for an official.”

It was agreed to send the Chairman or a substitute attend with one official.

The Committee suspended from 3.40 p.m. until 3.44 p.m. for the witnesses to take their seats.

5)Matters arising from correspondence on the Supplementary Estimate for the Chief State Solicitors Office for 2005

Mr. David O'Hagan, Chief State Solicitor and Ms. Teresa Griffin, Principal Officer, Special Education Section, Department of Education and Science made opening statements. A question and answer session followed. Also in attendance were:

Office of the Chief State Solicitor:

• Brian Byrne, Assistant Chief State Solicitor, Commercial and Constitutional Division
• Michael Fallon, Head of Administration
• Elizabeth Neary, Assistant Principal Solicitor, Commercial and Constitutional Division

Department of Education and Science:

• Dalton Tatton, Assistant Principal, Legal Services

Department of the Taoiseach:

• Aileen Healy, Principal Officer, Finance Unit

6)Adjournment

There being no further business the Committee adjourned at 5.42 p.m. until 20^th April 2006 at 11 a.m.

Sean Fleming T.D.,
Chairman

26 April 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 20^th April 2006

The Joint Committee met at 11.08 a.m. in Committee Room 4, a quorum being present.

1)Attendance

The following members attended:

Deputies: Richard Bruton, John Cregan, Michael Finneran (in the chair), Catherine Murphy and MJ Nolan.

Senators: Joe O'Toole and Mary White

Apologies: Deputies Joan Burton, Seán Fleming, Paul McGrath, Caoimhghín Ó Caoláin, Ned O'Keeffe and Senator John Paul Phelan.

2)Minutes of meeting of 12 April 2006

The minutes of the meeting of 12 April were deferred to the next meeting.

3)Parliamentary Meeting on the Future of Europe in Brussels on 8 and 9 May 2006

• Proposed attendance at a Parliamentary Meeting on the Future of Europe in Brussels on 8 and 9 May 2006

The following motion was agreed:

“The Joint Committee in the interest of informing itself in pursuance of its terms of reference, agrees to accept the invitation received from the Organisation for Economic Cooperation and Development (OECD) to participate in the OECD Forum 2006 – Balancing Globalisation which will take place at OECD headquarters in Paris on 22/23^rd May 2006. The estimated cost of attendance is Euro 2,490.67 per member and Euro 2,440.67 for an official.”

It is agreed to send 3 members and one official.

4)Correspondence

2006/0369 Letter to the Committee (not dated) from Dept of Social and Family Affairs regarding the National Pensions Review, inviting attendance in Dublin Castle on 5^th May NOTED

2006/0370 Letter to the Chairman (7/04/06) from CEO, Credit Union Development Association outlining their function and seeking a meeting with the Chairman. NOTED and agreed, in principal, to meet both CUDA and the League of Credit Unions.

2006/0371 Letter to the Chairman (6/04/06) from Deputy Joan Burton regarding decentralisation. Consideration deferred to next meeting

2006/0372 Letter to the Chairman (5/04/06) from the Director of Policy, Chambers Ireland enclosing a copy of the Chambers Ireland's NDP submission. NOTED

2006/0373 Email to the Clerk (13/04/06) from Kevin Leydon attaching an information note on progress in developing a Common tax base. NOTED

2006/0374 Email to the Clerk (12/04/06) from Kevin Leydon attaching the text of the Commission's Communication on a common consolidation tax base. NOTED

2006/0375 Email to the Clerk (11/04/06) from Dept of Finance attaching update on EU VAT proposals as requested by your Committee. NOTED

next meeting on EU Scrutiny

5)Review under Section 32 [2] of certain provisions of the Freedom of Information Act 1997 – discussion with the Department of Health and Children

The Secretary General of the Department of Health and Children made a presentation to the members; this was followed by a question and answer session.

6)Any other business

2006/0306 Letter to the Chairman from Senator Joe O'Toole regarding tolls and toll barriers of the M50 between the State/Local Authority and National Toll Roads. Consideration deferred to next meeting

2006/0330 Letter to the Chairman (02/03/06) from the Minister of State at the Dept of Environment, Heritage and Local Government regarding Tralee Beef and Lamb Ltd. Consideration deferred to next meeting

2006/0323 Letter to the Committee (02/03/06) from an individual regarding the case of Tralee Beef and Lamb. Consideration deferred to next meeting

7)Adjournment

There being no further business the Committee adjourned sine die at 12.21 p.m.

Sean Fleming T.D.,
Chairman

26 April 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 26^th April 2006

The Joint Committee met at 6.17 p.m. in Committee Room 4, a quorum being present.

1)Attendance

The following members attended:

Deputies: John Cregan, Michael Finneran, Séan Fleming (in the chair), Catherine Murphy, MJ Nolan, Caoimhghín Ó Caoláin and Ned O'Keeffe

Senators: Martin Mansergh and Michael Brennan (in substitution for Senator Mary White)

Apologies: Deputy John McGuinness

2)Minutes of meeting of 12 and 20 April 2006

The minutes of the meeting of 12 and 20 April were deferred until the next meeting.

3)Correspondence

Correspondence was deferred until the next meeting.

4)Discussion on matters of mutual interest with Members of the Bundestag Finance Committee

The next item was a discussion on matters of mutual interest with members of the Bundestag Finance Committee. The Committee was joined by:

• Mr Manfred Kolbe, MdB (CDU/CSU) (Head of Delegation)
• Mr Klaus-Peter Flosbach, MdB (CDU/CSU)
• Mr Norbert Schindler, MdB (CDU/CSU)
• Dr. Hans Ulrich Kruger, MdB (SPD)
• Mr Ortwin Runde, MdB (SPD)
• Mr Klaus Uppenkamp, Committee Clerk

A question and answer session took place.

5)Adjournment

There being no further business the Committee adjourned at 7.02 p.m. until 10 May 2006.

Sean Fleming T.D.,
Chairman

26 April 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 10 May 2006

The Joint Committee met at 3.08 p.m. in Committee Room 4, a quorum being present.

Deputy Michael Finneran was in the Chair to start the meeting.

Deputy John Cregan nominated Deputy MJ Nolan as temporary Chairman for the rest of the meeting as Deputy Finneran had to leave the meeting.

1)Attendance

The following members attended:

Deputies: Richard Bruton, Joan Burton, John Cregan, Michael Finneran (In the Chair for part of the meeting), John McGuinness, Catherine Murphy, MJ Nolan (in the Chair for part of the meeting) and Caoimhghín Ó Caoláin.

Senators: Mary White

Apologies: Deputy Seán Fleming

2)Minutes of meeting of 12, 20 and 26 April 2006

The minutes of the meeting of 12, 20 and 26 April were agreed.

Under matters arising from the minutes it was agreed that the following items of correspondence be deferred to the next meeting

Item No 2006/0306

Letter to the Chairman from Senator Joe O'Toole regarding tolls and toll barriers of the M50 between the State/Local Authority and National Toll Roads [NTR]

Item No 2006/0330

Letter to the Chairman (02/03/06) from the Minister of State at the Dept of Environment, Heritage and Local Government regarding Tralee Beef and Lamb Ltd

Item No 2006/0323

Letter to the Committee (02/03/06) from an individual regarding the case of Tralee Beef and Lamb Ltd

Item No2006/0371

Letter to the Chairman (6/04/06) from Deputy Joan Burton regarding decentralisation

3)Correspondence

Central Bank and Financial Services Authority of Ireland – Quarterly Bulletin NOTED

2006/0376 Chief Whip announces Legislative Programme for next Dáil Session Members noted that the Asset Covered Securities (Amendment) Bill and Ombudsman (Amendment) Bill are due to be published late 2006

2006/0377 Letter to the Clerk (25/04/06) from the Chief Executive, Financial Regulator regarding home reversions schemes It was agreed that the Clerk would write to the Minister for Finance on whether regulations or legislation should be introduced to regulate such schemes and included within the remit of the Financial Regulator.

2006/0378 Letter to the Committee (25/04/06) from OECD regarding the OECD Forum 2006 – Balancing Globalisation NOTED

2006/0379 Letter to the Chairman (12/04/06) from the Dept of Finance regarding National Development Plan (2007 – 2013): Preparation and Consultation Process it was agreed that Clerk would write to members seeking submissions by the end of May and to the Minister for Finance requesting any review of the previous NDP and to give a presentation on the proposed Plan

2006/0380 Letter to the Clerk (27/04/06) from the Office of the Ombudsman regarding an individual, requesting information under the Freedom of Information Act NOTED

2006/0381 Email to the Clerk (26/04/06) from the Deputy Director of Committees regarding PAC proposals for alterations to Estimates process NOTED

2006/0382 Letter to the Chairman (27/04/06) from the Minister for Enterprise Trade and Employment regarding the review under Section 32 of the Freedom of Information Act 1997. Will be considered during the Committee's review under Section 32 of the Freedom of Information Act

2006/0383 Letters to the Chairman and the Clerk (02/05/06) from the German Embassy thanking them for the meeting with the German Committee NOTED

2006/0384 Letter to the Clerk (04/05/06) from the Journal Office referring a Draft Regulation to the Committee NOTED that the Committee must send a message to the Dáil by 24 May

2006/0385 Letter to the Clerk (04/05/06) from the Clerk of the Seanad referring a Draft Regulation to the Committee NOTED that the Committee must send a message to the Seanad by the 24 May

2006/0386 Email to the Clerk (03/05/06) from the Dept of Justice regarding the review under Section 32 of the Freedom of Information Act NOTED

2006/0389 Expenditure Review of Grant-in-aid to the Institute of Public Administration by the Department of Finance NOTED

2006/0390 Email to the Clerk (08/05/06) from the Department of Transport regarding the review of Section 32 of the Freedom of Information Act. Members noted that as and from the 1 January that Department assumed responsibility for the Maritime Transport Sector and it was thus agreed to send the Minister for Transport a letter regarding the review under Section 32 of the Freedom of Information Act

2006/0391 Letter to the Clerk (02/05/06) from Eurofi Banking and Finance in Europe inviting the Committee to attend its annual conference Europe's Retail Financial Services: On the road to integration, are we up to the challenges? In Brussels on 6 and 7 June 2006 It was agreed to put this item on the agenda for the next meeting

2006/0392 Letter to the Chairman (08/05/06) from the Minister for Community Rural and Gaeltacht Affairs regarding the review under Section 32 of the Freedom of Information Act It will be considered under the Committees review under Section 32 of the Freedom of Information Act

2006/0393 Letter to the Clerk (08/05/06) from Deputy Joan Burton regarding attendance at the Inaugural National Infrastructure Summit on the 16 and 17 May in the IMI Conference Centre See Item 5 below

EU Scrutiny

2006/0387 Letter to the Clerk from the sub-Committee on EU Scrutiny NOTED

Statutory Instruments

2006/0388

SI No 148 of 2006 – Finance Act 2004 (Section 91) (Deferred Surrender to Central Funds) Order 2006

SI No 194 of 2006 – Visés to Passports (Transfer of Departmental Administration and Ministerial Functions) Order 2006

SI No 195 of 2006 – Superannuation (Designation of Approved Organisations) Regulations, 2006

SI No 198 of 2006 – Value-Added Tax (Amendment) Regulations 2006 NOTED

It was agreed that correspondence issuing from the Joint Committee be circulated.

4)Work Programme

It was agreed that the Work Programme issues for examination would be as follows:-

1. Review progress with the Expenditure Review Initiative and in particular to meet with the Chairman of the Expenditure Review Central Steering Committee.
2. Delivering Better Government, with a focus on -
   
   • the policy of the Taoiseach on the Strategic Management Initiative,
   • strategy statements of the Departments of the Taoiseach and Finance
3. The role and work programme of the Irish Financial Services Regulatory Authority.
4. Continuing review of charges by financial institutions
5. Standards in Public Office Commission.
6. The Office of the Ombudsman.
7. Economic development, with a focus on the National Development Plan, and regional development.
8. Review of Freedom of Information legislation.

(All reports have been received now from Ministers in relation to the review under section 32 of the Freedom of Information Act. The Committee is considering a report on the Minister's reports by the Information Commissioner.)



9. Ireland's role in the International Monetary Fund and World Bank.
10. Tax reliefs, incentives, exemptions and non-residency rules.
11. The potential of the euro in the economic life of the State, having regard to the use of two currencies on the island of Ireland.
12. Consider issues arising from the sale of endowment mortgages.
13. Credit Union movement in the regulatory environment
14. Contracts for difference, the Office of the Revenue Commissioners.
15. Hire purchase regulation
16. Pension contributions including taxation relief and financial institutions
17. Principles of Mutual Societies
18. Rising prices and inflation
19. Energy policy, including bio-fuels, wind energy, and fuel poverty
20. Civil and public service decentralisation

The Work Programme was adopted with the amendments made. It was agreed to prioritise the work programme at the next meeting and that a one or two day meeting be held in September on the pension's issue

5)Proposed attendance at the Inaugural National Infrastructure Summit (Delivering & Financing Ireland's Public Infrastructure) on May 16 and 17 in IMI Conference Centre, Dublin

It was agreed that Deputy Joan Burton would represent the Committee at this event.

6)Documents/proposals referred by the sub-Committee on EU Scrutiny

It was agreed that the Committee defer consideration of the documents until the next meeting to give members time to examine the full information notes supplied to the Committee.

7)Adjournment

There being no further business the Committee adjourned at 3.59 p.m. sine die

Sean Fleming T.D.,
Chairman

23 May 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Tuesday, 23 May 2006

The Joint Committee met at 6.39 p.m. in Committee Room 3, a quorum being present.

1)Attendance

The following members attended:

Deputies: Michael Finneran, Seán Fleming (In the Chair), Paul McGrath, Catherine Murphy, MJ Nolan and Caoimhghín Ó Caoláin.

Senators: Joe O'Toole.

Also in attendance: Minister of State at the Department of the Taoiseach, Mr. Noel Treacy T.D.

Apologies: Deputies Joan Burton, Richard Bruton and Senator John Paul Phelan.

2)Minutes of meeting of 10 May 2006

The minutes of the meeting of 10 May were agreed.

Under matters arising from the minutes it was agreed that the following items of correspondence be deferred to the next meeting

Item No 2006/0306

Letter to the Chairman from Senator Joe O'Toole regarding tolls and toll barriers of the M50 between the State/Local Authority and National Toll Roads [NTR]

Item No 2006/0330

Letter to the Chairman (02/03/06) from the Minister of State at the Dept of Environment, Heritage and Local Government regarding Tralee Beef and Lamb Ltd

Item No 2006/0323

Letter to the Committee (02/03/06) from an individual regarding the case of Tralee Beef and Lamb Ltd

Item No2006/0371

Letter to the Chairman (6/04/06) from Deputy Joan Burton regarding decentralisation.

3)Correspondence

It was agreed the correspondence be deferred until the next meeting.

4)EUROFI's annual conference “Europe's Retail Financial Services: On the road to integration, are we up to the challenges?” in Brussels on the 6 and 7 June 2006

The following motion was agreed:

“The Joint Committee in the interest of informing itself in pursuance of its terms of reference agrees to accept the invitation received to participate in EUROFI's annual conference “Europe's Retail Financial Services: on the road to integration, are we up to the challenge?” which will take place on the 6 and 7 June 2006 in the European Parliament in Brussels. The estimated cost of attendance is Euro 1140 per member and Euro 1110 for an official.”

It was agreed to send a maximum of two members and an official. The convenors will notify the Clerk of the names to attend.

5)Work Programme

It was agreed to defer the prioritisation of the work programme until the next meeting.

6)Documents/proposals referred by the sub-Committee on EU Scrutiny

It was agreed that the Committee defer consideration of the documents until the next meeting.

7)Consideration of draft Regulation: Freedom of Information Act 1997 (Prescribed Bodies) Regulation 2006

The next item was the consideration of the draft Regulation: Freedom of Information Act 1997 (Prescribed Bodies) Regulation 2006. Minister of State at the Department of the Taoiseach, Mr. Noel Treacy T.D., made an opening statement.

A question and answer session followed. On completion of its consideration the Committee agreed to send a message to this effect to the Clerk of the Dáil and the Clerk of the Seanad.

8)Adjournment

There being no further business the Committee adjourned at 7.26 p.m. sine die.

Sean Fleming T.D.,
Chairman

7 June 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Tuesday, 7 June 2006

The Joint Committee met at 3.05 p.m. in Committee Room 3, a quorum being present.

1)Attendance

The following members attended:

Deputies: Richard Bruton, Joan Burton, John Curran (in substitution for John Cregan), Seán Fleming (In the Chair), John McGuinness, MJ Nolan, Caoimhghín Ó Caoláin and Ned O'Keeffe.

Senators: Mary White.

Apologies: Deputy Catherine Murphy and Senator Joe O'Toole.

2)Minutes of meeting of 23 May 2006

The minutes of the meeting of 23 May were agreed.

Under matters arising:

Item No 2006/0306

Letter to the Chairman from Senator Joe O'Toole regarding tolls and toll barriers of the M50 between the State/Local Authority and National Toll Roads [NTR] Deferred until the Senator is present

Item No 2006/0330

Letter to the Chairman (02/03/06) from the Minister of State at the Dept of Environment, Heritage and Local Government regarding Tralee Beef and Lamb Ltd Matters relating to this item to be placed on the agenda on 28 June

Item No 2006/0323

Letter to the Committee (02/03/06) from an individual regarding the case of Tralee Beef and Lamb Ltd As above

Item No2006/0371

Letter to the Chairman (6/04/06) from Deputy Joan Burton regarding decentralisation Noted

3)Correspondence

2006/0394 Letter to the Chairman (09/05/06) from an individual regarding the Freedom of Information Act 1997 That the Clerk indicate to the correspondent that the content is noted

2006/0395 Letter to the Chairman (May 2006) from the Minister for Justice regarding the review under Section 32 of the Freedom of Information Act NOTED – for Committees consideration on its Section 32 Review

2006/0396 Letter to the Chairman (08/05/06) from Deputy Burton regarding attendance at the Inaugural National Infrastructure Summit on the 16 and 17 May 2006 in the IMI Conference Centre NOTED

2006/0397 Letter to the Committee (09/05/06) from an individual enclosing a copy of a letter sent to the Information Commissioner As for 2006/0396

2006/0398 Letter to the Chairman (10/05/06) from Minister for Communications Marine and Natural Resources regarding the review under Section 32 of the Freedom of Information Act NOTED – for Committees consideration on its Section 32 Review

2006/0399 Letter to the Chairman (16/05/06) from the Chief State Solicitor regarding the Joint Committee meeting on 12 April 2006 Agreed that the Clerk write to the Department of Finance asking for the report on legal costs to the State

2006/0402 Letter to the Clerk (11/05/06) from the Department of Finance regarding questions raised at the meeting of the 1 March 06 NOTED

2006/0403 Letter to the Chairman (18/05/06) from the Minister for Education and Science regarding the review under Section 32 of the Freedom of Information Act NOTED – for the Committees Section 32 Review

2006/0404 Letter to the Chairman (12/05/06) from an individual with a copy of a letter sent to the Information Commissioner As for 2006/0394

2006/0405 Email to the Clerk (24/05/06) from Kevin Leydon regarding the annual meeting of budgetary committee's of national parliaments on the 21 June 2006 NOTED – to be placed on the agenda

2006/0406 Letter to the Chairman (26/05/06) from the Minister for Finance regarding home reversion products NOTED

2006/0407 Letter to the Chairman (26/05/06) from the Minister for Finance regarding the review under Section 32 of the Freedom of Information Act NOTED – for the Committees Section 32 Review

2006/0408 Letter to the Chairman (25/05/06) from the Minister for Agriculture and Food regarding the review under Section 32 of the Freedom of Information Act NOTED – for the Committees Section 32 Review

2006/0409 Email to the Clerk (31/05/06) from Irish Autism Action attaching a response to testimony given to the Committee on the 12 April by the Department of Education and Science and the Chief State Solicitor It was agreed the Committee would meet with the IAA at a date to be fixed

2006/0410 Letter to the Chairman (30/05/06) from the Minister for Finance regarding the meeting with the Minister on the 14 June 2006 NOTED

2006/0412 Letter to the Clerk (1/06/05) from the Committee on European Affairs regarding the annual meeting of budgetary committee's of national parliaments on the 21 June 2006 NOTED – dealt with under Item No 2006/0405

2006/0413 Letter to the Chairman (30/05/06) from the Chairman of the Committee on Budgets regarding the annual meeting of budgetary committee's of national parliaments on 21 June 2006 NOTED – dealt with under Item No 2006/0405

2006/0414 Letter to the Chairman (31/05/06) from an individual enclosing a copy of a letter to the Information Commissioner As for 2006/0394

2006/0415 Letter to the Chairman (30/05/06) from Deputy Bruton regarding home reversion products NOTED

2006/0416 Email to the Clerk (02/06/06) from the Clerk to Committee on European Affairs regarding a joint meeting of the EP's Budgetary Control committee with corresponding committees from national parliaments (9/10 October 2006) To be placed on agenda

Statutory Instruments

2006/0400

SI No 229 of 2006: Finance Act 2005 (Chapter 3 of 2) Commencement Order 2006

SI No 214 of 2006: Oireachtas (Allowances for Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (Allowances and Allocations)(Amendment) Order 2006 NOTED

2006/0411

SI No 220 of 2006 Criminal Justice (Terrorist Offences) Act 2005 (Section 42 (2)) (Counter Terrorism)(Financial Sanctions) Regulations 2006

SI No 221 of 2006 Criminal Justice (Terrorist Offences) Act 2005 (Section 42 (6)) (Counter Terrorism) (Financial Sanctions) Regulations 2006

SI No 222 of 2006 Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama bin Laden, Al-Qaida and Taliban of Afghanistan (Financial Sanctions) Regulations 2006

SI No 224 of 2006 Criminal Justice (Terrorist Offences) Act 2005 (Section 42 (6)) (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations 2006

SI No 256 of 2006 Finance Act 2006 (Commencement of Section 18 (1)(a)) Order 2006 NOTED

EU Scrutiny

2006/0401

Letter to the Clerk from the Clerk to the sub-Committee on EU Scrutiny NOTED

4)Work Programme

It was agreed:

• The Committee would visit the Central Statistics Office in Cork to view current census work;
• To write to banks asking for the current progress on account switching procedures, especially with respect to mortgages;
• To write to Financial Regulator and the Bankers' Federation seeking oversight information on:
  
  • very long term (e.g. 40 year mortgages);
  • “Dynamic currency conversion”
  • the Bankers' Federation on Defined Benefit Pension Schemes for banking staff

5)Documents/proposals referred by the sub-Committee on EU Scrutiny

It was agreed that the Committee defer consideration of the documents until another date.

6)Review under Section 32 [2] of certain provisions of the Freedom of Information Act

It was agreed to place this on the agenda for a meeting on 28 June, 2006.

7)Adjournment

There being no further business the Committee adjourned at 3.44 p.m. until the 14 June 2006 at 12 noon.

Sean Fleming T.D.,
Chairman

14 June 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 14^th June 2006

1. The Joint Committee met in Committee Room 4, LH 2000, on Wednesday, 14^th June 2006 at 12.05pm.

2. Attendance

The following Members were in attendance: -

Deputies Seán Fleming (in the Chair), Richard Bruton, Joan Burton, Michael Finneran, Paul McGrath, John McGuinness, Catherine Murphy, and MJ Nolan and Senators John Paul Phelan, Joe O'Toole and Mary White.

3. Public Session

The Committee agreed to go into public session at 12.05pm.

4.Change in Order of Agenda

It was agreed that item 4 on the agenda, the presentation by the Minister for Finance on the Proposed National Development Plan (2007 – 2013), would be brought forward and discussed first.

5.Proposed National Development Plan (2007 – 2013) – Presentation by the Minister for Finance

An opening statement was made by the Minister for Finance on the Proposed National Development Plan 2007 - 2013.

A question and answer session ensued.

It was noted that the deadline for the receipt of submissions on the Proposed Plan on foot of the invitation by the Minister was 30^th June 2006.

6.Minutes of meeting of 7^th June 2006

The minutes of the meeting of 7^th June 2006 were agreed.

7.Travel Proposals

An invitation from the European Parliament's Committee on Budgets to the Annual Meeting of Budgetary Committees of National Parliaments on the 21 June 2006 in the European Parliament in Brussels, Belgium was discussed.

The following motion were agreed –

“The Joint Committee in the interest of informing itself in pursuance of its terms of reference agrees to accept the invitation received to participate in the annual meeting of budgetary committees of national parliaments organised by the European Parliaments Committee on Budgets which will take place on 21 June 2006 in the European Parliament in Brussels. The estimated cost of attendance is €894.50 per member and €864.50 for an official.”

It was agreed to send one Member and one Official to the meeting.

A further invitation from the Joint Committee of the European Parliament's Budgetary Control Committee to a meeting with corresponding Committees from the National Parliaments on the 9 and 10 October 2006 in Brussels, Belgium, was discussed

The following motion were agreed –

“The Joint Committee in the interest of informing itself in pursuance of its terms of reference agrees to accept the invitation received to participate in the Joint Committee Meeting of the EP's Budgetary Control committee with corresponding committees from the national parliaments which will take place on the 9 and 10 October 2006 in Brussels. The estimated cost of attendance is €1159 per member and €1129 for an official.”

It was agreed to send two Members (one Government, one Opposition) with one Official to the meeting and the Convenors were asked to nominate members.

8.Correspondence

Joint Committee on Communications Marine and Natural Resources

A letter dated 6 June 2006 (Ref 2006/0417) from the Clerk to the Joint Committee on Communications Marine and Natural Resources in relation to the launching of the Committee's Seventh Report on the Review of Energy was noted.

Currency Conversion

An email dated 25 May 2006 (Ref 2006/0418) from Deputy Billy Timmins regarding dynamic currency conversion was noted. It was further noted that a letter had issued from the Clerk to the Irish Bankers Federation and to the Financial Regulator.

Decentralisation of FÁS

A letter dated 8 June 2006 (Ref 2006/0419) from the Minister for Finance outlining his reasons for non-attendance at the proposed meeting of the Joint Committee on 21 June 2006 relating to the decentralisation of FÁS was noted. Similar letters were noted from the Minister of State at the Department of Finance, the Chairperson on the Decentralisation Implementation Group, and the Director General of FÁS.

Following discussion, it was agreed to cancel the proposed meeting of the Joint Committee scheduled for 21 June 2006.

9. Ireland's Contribution to the International Development Association's Multilateral Debt Relief Initiative

It was note that a Motion re. the proposed approval by Dáil Éireann of Ireland's contribution to the International Development Association's Multilateral Debt Relief Initiative and to the International Development Association's 14^th Replenishment had been referred to the Select Committee. It was agreed to convene a meeting of the Select Committee on 21 June 2006 to discuss the motion. It was further agreed to request the Department of Finance to provide the following information one day in advance of the meeting -

• How it is proposed to spend the Irish contribution?
• Under what timelines will it be spent?
• Under what headings will it be spent?

10.Adjournment

The Joint Committee adjourned at 2.42p.m sine die.

Seán Fleming T.D.,
Chairman

June 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Tuesday, 28 June 2006

The Joint Committee met at 9.46 a.m. in Committee Room 1, a quorum being present.

1)Attendance

The following members attended:

Deputies: Richard Bruton, Joan Burton, Michael Finneran (in the chair), Paul McGrath, John McGuinness, Catherine Murphy, MJ Nolan, Caoimhghín Ó Caoláin and Ned O'Keeffe.

Senators: Joe O'Toole and Mary White

Apologies: Deputies John Cregan and Seán Fleming

2)Minutes of meeting of 14 June 2006

The minutes of the meeting of 14 June were agreed.

Under matters arising:

Item No 2006/0306

Letter to the Chairman from Senator Joe O'Toole regarding tolls and toll barriers of the M50 between the State/Local Authority and National Toll Roads [NTR]. It was agreed that PAC considered the matter on 22/2/06

3)Correspondence

2006/0422 Letter to the Chairman (08/06/06) from Minister of State, Tom Parlon TD regarding the meeting with the Committee Noted

2006/0423 Letter to the Chairman (09/06/06) from the Chairperson of the Decentralisation Implementation Group regarding the meeting with the Committee Noted

2006/0424 Letter to the Chairman (13/06/06) from the Direct General of FÁS regarding the meeting with the Committee Noted

2006/0425 Letter to the Clerk (12/06/06) from the Chief Executive, Financial Regulator acknowledging the letter sent by the Committee Noted

2006/0426 Letter to the Clerk (13/06/06) from the Journal Office attaching an Order passed by the Dáil Noted

2006/0427 Letter to the Clerk (09/06/06) from the General Secretary, IBOA The Finance Union regarding Bank of Ireland pension schemes It was noted that the Joint Committee had written to the Irish Bankers Federation on 8 June on Defined Benefit Revision Schemes

2006/0428 Letter to the Chairman (09/06/06) from the Committee on Communications Marine and Natural Resources enclosing a copy of the Committee's Report on Energy Noted

2006/0429 Letter to the Clerk (13/06/06) from an individual regarding the Freedom of Information Act Noted

2006/0430 Letter to the Clerk (07/06/06) from the Combat Poverty Agency regarding report on The Distributional Impact of Ireland's Indirect Tax System Noted

2006/0431 Beneficiary News – June 2006 Noted

2006/0432 Acknowledgement letter to the Clerk (19/06/06) from Irish Life and Permanent Noted

2006/0433 Email to the Clerk (20/06/06) from the Policy Manager, SDLP regarding the Committee's meeting on the National Development Plan Noted

2006/0434 Email to the Clerk (21/06/06) from Western Motors Ltd attaching a letter regarding under declaration of vehicle registration tax on imported used vehicles It was agreed to send a copy of the letter to the Revenue Commissioners for a comment

2006/0435 Acknowledgement letter to the Clerk (19/06/06) from EBS Noted

2006/0437 Email to the Clerk (22/06/06) from Senator Joe O'Toole's secretary regarding preserved retirement benefits for civil servants who retired early before June 1973 It was agreed that the issue of pensions was listed in the Work Programme

2006/0438 Email to the Clerk (26/06/06) from Kevin Leydon regarding the EP write up on the Own Resources exchange at the Joint EP/National Parliaments meeting June 20 Noted

2006/0439 Email to the Clerk (27/06/06) from the Swedish Parliament regarding a visit in August Noted

Correspondence sent by the Committee

Letter to the Minister for Finance Private Secretary regarding the Select Committees' meeting, 21 June 2006

Letters regarding the cancellation of the Joint Meeting on 21 June 2006

Letters to financial institutions regarding mortgages All noted

Statutory Instruments

2006/0440 - NOTED

SI No 261 of 2006 Tobacco Products Tax Regulations 2006

SI No 297 of 2006 Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2006

Statutory Instruments

2006/0420 - NOTED

SI No 272 of 2006 Validation Act 2001 (Global Validation)(Hutchison 3G Ireland Limited trading as 3) Order 2006

SI No 280 of 2006 Oireachtas (Ministerial and Parliamentary Offices)(Special Secretarial Allowance) Regulations 2006

2006/0436 - NOTED

SI No 297 of 2006 Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2006

EU Scrutiny

2006/0421 - NOTED

Letter to the Clerk (08/06/06) from the Clerk to the sub-Committee on EU Scrutiny

4)Review under Section 32 [2] of certain provisions under the Freedom of Information Act 1997

Private Session – the Committee went into private session at 10.07 a.m.

It was agreed the members would submit to the Clerk five cases that they think would test the principles contained in the Ministers' and Information Commissioners view given during the Section 32 review process.

5)Future Meetings

It was agreed that the Joint Committee would meet on its allocated dates in July (5^th and 19^th) and one other day depending on room availability.

6)Adjournment

There being no further business the Committee adjourned at 10.31 a.m. until the 5 July 2006 at 3 p.m.

Seán Fleming T.D.,
Chairman

5 July 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 5 July 2006

The Joint Committee met at 3.07 p.m. in Committee Room 4, a quorum being present.

1)Attendance

The following members attended:

Deputies: Richard Bruton, Joan Burton, John Cregan, Michael Finneran, Seán Fleming (in the chair), John McGuinness, Catherine Murphy, MJ Nolan, Caoimhghín Ó Caoláin and Ned O'Keeffe.

Senators: John Paul Phelan.

2)Minutes of meeting of 28 June 2006

The minutes of the meeting of 28 June were agreed.

3)Correspondence

2006/0441 Letter to the Clerk (28/06/06) from the Managing Director of Bank of Ireland Mortgage Bank regarding mortgage accounts, it was agreed to refer the letter to the Department of Finance for clarification on the legal framework

2006/0442 Letter to the Clerk (26/06/06) from the Industry and Parliament Trust enclosing a copy of their quarterly magazine The Bridge NOTED

2006/0443 Letter to the Clerk (June 06) from the Department of Finance regarding total expenditure by the State on legal costs NOTED

2006/0444 Letter to the Chairman (20/06/06) from an individual regarding the Information Commissioner NOTED

2006/0445 Email to the Clerk (29/06/06) from Ulster Bank Limited regarding mortgage accounts, it is also a reply on behalf of First Active plc NOTED

2006/0446 Email to the Clerk (29/06/06) from the Managing Director, Campbell Gentry regarding a meeting with the Managing Director of Visa it was agreed that the Committee would not formally meet them

2006/0447 Letter to the Clerk (26/06/06) from the Secretary, Irish Nationwide Building Society regarding mortgage accounts NOTED

2006/0448 Acknowledgement letter to the Clerk (21/06/06) from the Irish Bankers Federation NOTED

2006/0449 Email to the Clerk (29/06/06) from Deputy Bruton regarding review under Section 32 of the FOI Act relevant to item 4 on the Agenda

2006/0450 Letter to the Clerk (29/06/06) from the Irish Bankers Federation regarding long term mortgages, “dynamic currency conversions” and the principle of Defined Benefit Pension Schemes for bank staff, it is also a reply on behalf of AIB re account switching NOTED

2006/0451 Letter to the Clerk (27/06/06) from the AIB Mortgage Bank regarding mortgage accounts NOTED

2006/0452 Email to the Clerk (30/06/06) from Bank of Scotland seeking an extension to the deadline for information the Committee requested re account switching NOTED

2006/0453 Letter to the Clerk (29/06/06) from the National Irish Bank regarding mortgage switching NOTED

2006/0454 Letter to the Clerk (30/06/06) from the EBS regarding mortgage switching NOTED

2006/0455 Letter to the Clerk (30/06/06) from AIB plc regarding mortgage switching NOTED

2006/0456 Email to the Clerk (04/07/06) from Senator O'Toole regarding preserved retirement benefits for civil servants who retired early before June 1973 it was agreed to consider this item in the Autumn session under “pensions” as per the Work Programme

EU Scrutiny

2006/0457

Letter to the Clerk from the Clerk to the sub-Committee on EU Scrutiny

It was noted that

COM(2006)202 was referred for further scrutiny and

COM(2006)201, COM(2006)210 and COM(2006)243 were referred for information.

Correspondence sent by the Committee

Letter to the Chairman of the Revenue Commissioners re Item No 2006/0434 NOTED

4)Review under Section 32 [2] of certain provisions under the Freedom of Information Act 1997

The following was agreed in respect of the inclusion/exclusion of provisions in the Third Schedule of the Act:

Agriculture and Food

Communications Marine and Natural Resources

Community Rural and Gaeltacht Affairs

Education and Science

Enterprise Trade and Employment

Environment Heritage and Local Government

5)Adjournment

There being no further business the Committee adjourned at 4.02 p.m. until the 19 July 2006 at 3 p.m.

Seán Fleming T.D.,

Chairman

19 July 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 19 July 2006

The Joint Committee met at 3.09 p.m. in Committee Room 4, a quorum being present.

1)Attendance

The following members attended:

Deputies: Joan Burton, John Cregan, Michael Finneran, Seán Fleming (in the chair), Paul McGrath, John McGuinness, Catherine Murphy, MJ Nolan, and Ned O'Keeffe.

Senators: John Paul Phelan.and Mary White

Apologies were received by Deputies Richard Bruton, Caoimhghín Ó Caoláin and Senator Joe O'Toole

Condolences were extended to Deputy Bruton on his bereavement.

2)Minutes of meeting of 5 July, 2006

The minutes of the meeting of 5 July, 2006 were agreed.

3)Correspondence

2006/0458 Letter to the Clerk (04/07/06) from the from the Clerk to the Committee on European Affairs enclosing an invitation to a meeting of the European Parliament's Committee on Budgetary Control and relevant committees of the national parliaments in Brussels. It had been agreed to attend at the meeting of 14 June, 06

2006/0459 Letter to the Clerk (04/07/06) from the sub-Committee on European Scrutiny enclosing documents in relation to the Finnish Presidency. NOTED

2006/0460 Letter to the Clerk (06/07/06) from the Director of AIB Finance Limited regarding mortgage switching. Relevant to the meeting of 26^th July

2006/0461 Email to the Clerk (10/07/06) from the Director, Gurranabraher Credit Union regarding the Ombudsman. NOTED

2006/0462 Acknowledgement letter to the Clerk (10/07/06) from the Office of the Revenue Commissioners. NOTED

2006/0463 INFOREGIO NEWS – European Union Regional Policy Newsletter, July 2006. NOTED

2006/0464 Email to the Clerk (12/07/06) from Kevin Leydon regarding the French Assembly Motion on the 2007 EU Budget. NOTED

2006/0465 Letter to the Clerk (11/07/06) from the Registrar of Credit Unions regarding the meeting on 26 July 06. NOTED

2006/0466 Email to the Clerk (14/07/06) from the Irish League of Credit Unions regarding a meeting with the Committee NOTED

2006/0467 Email to the Clerk (17/07/06) from the Managing Director, Campbell Gentry regarding Item No 2006/0466 from the previous meeting NOTED

2006/0468 Email to the Chairman (14/07/06) from the Managing Director, Campbell Gentry regarding a meeting with the Managing Director of Visa It was agreed at the previous meeting that individual members may meet those involved.

Statutory Instruments

SI No358 of 2006 European Communities (Licensing and Supervision of Credit Institutions) (Amendment) Regulation 2006

SI No 322 of 2006 Finance Act 2006 (Commencement of Section 26(1)) Order 2006

SI No 323 of 2006 Finance Act 2006 (Commencement of Section 27 (1)) Order 2006

SI No 324 of 2006 Finance Act 2006 (Commencement of Section 29(1)) Order 2006

SI No 325 of 2006 Finance Act 2006 (Commencement of Section 31(1)) Order 2006

SI No 326 of 2006 Finance Act 2006 (Commencement of Section 32(1)) Order 2006

SI No 327 of 2006 Finance Act 2006 (Section 30) (Commencement of Certain Provisions) Order 2006

SI No 328 of 2006 Finance Act 2006 (Section 33) (Commencement of Certain Provisions) Order 2006

SI No 332 of 2006 Finance Act 2006 (Commencement of Section 34(1)) Order 2006

SI No 329 of 2006 European Communities (Award of Public Authorities' Contracts) Regulation 2006 NOTED

Correspondence sent by the Committee

Email from the Clerk re Item No 2006/0466 NOTED

Letter to the Dept of Finance re Item No 2006/0441 NOTED

4) Review under Section 32 [2] of certain provisions under the Freedom of Information Act 1997

On Section 35 of the Ethics of Public Office Act 1995 the question was put, “That the provisions of Section 35 of the Ethics of Public Service Office Act 1995 be excluded from the Third Schedule of the Freedom of Information Act 1997, as amended in 2003”

A division was made:

Tá 7 – Níl 4

The question was carried.

The following was agreed in respect of the inclusion/exclusion of provisions in the Third Schedule of the Act:

Finance

Justice Equality and Law Reform

Transport

Health and Children

5)Adjournment

There being no further business the Committee adjourned at 4.29 p.m. until the 26 July 2006 at 3 p.m.

Seán Fleming T.D.,
Chairman

26 July 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 26 July 2006

The Joint Committee met at 3.10 p.m. in Committee Room 1, a quorum being present.

1)Attendance

The following members attended:

Deputies: Seymour Crawford (in substitution for Richard Bruton), John Cregan, Michael Finneran, Seán Fleming (in the chair), Paul McGrath, John McGuinness, Catherine Murphy, MJ Nolan, Caoimhghín Ó Caoláin and Ned O'Keeffe.

Senators: Martin Mansergh, John Paul Phelan and Mary White

Apologies were received by Deputies Richard Bruton, Joan Burton and Senator Joe O'Toole

2)Correspondence

2006/0469 Letter to the Clerk (17/07/06) from Financial Regulator attaching a booklet on long term mortgages and dynamic currency conversions. NOTED

2006/0470 Letter to the Clerk (14/07/06) from Deputy Ned O'Keefe, T.D., enclosing letters and enclosures received from an individual. NOTED

2006/0472 Letter to the Chairman (13/07/06) from Szaboles Fazakas, Chairman of the European Parliament's Committee on Budgetary Control and Anni Sinnemäki, Chairman of the Sub-Committee for Administration and Control in the Parliament of Finland, inviting a representative of the Committee to participate in a “Joint Committee Meeting” on the role of budgetary control committees in national parliaments with regard to the control of the Community budget to be held with the Chairmen of Committees of national parliaments within the Union and of the acceding countries Romania and Bulgaria, responsible for budgetary control on 9-10 October 2006. It had been agreed to attend at the meeting of 14 June

2006/0473 Letter to the Chairman (14/07/06) from Michael Finneran T.D., along with 2 enclosures a) on credit unions Noted and b) from branch managers in the Department of Social Welfare. It was agreed to refer this letter to the Department of Finance as the appropriate body dealing with retirement gratuities and pensions for a comprehensive response

2006/0474 Letter to the Chairman (14/07/06) from Bank of Scotland regarding account switching procedures. Relevant to today's meeting

2006/0475 Email to the Clerk (20/07/06) from CSO regarding proposed site visit. It was agreed that the visit take place on the 28 July

2006/0476 Letter to the Clerk (19/07/06) from the Chief Executive, Financial Regulator acknowledging receipt of the Committees letter of 17^th July, 2006. NOTED

2006/0477 Letter to the Clerk (19/07/2006) from the Clerk of the Transport Committee enclosing documents on Vehicle Registration Tax. This matter had already been referred to the Revenue Commissioners for comment based on previous correspondence

2006/0478 Email to the Clerk (25/07/06) from the Department of Environment, Heritage & Local Government enclosing a reply to the Committees letter of 29^th March 2006. NOTED

Statutory Instruments

SI No 365 of 2006 Civil Service Regulation Act 1956 (Section 1A) (Revenue Commissioners) Order 2006

SI No 363 of 2006 Civil Service Regulation (Amendment) Act 2005 (Commencement of Certain Provisions) Order 2006. NOTED

EU Scrutiny

2006/0471

Letter to the Clerk (19/07/06) from the Clerk of the Sub-Committee on European Scrutiny enclosing a list of documents/proposals considered by the Sub-Committee at its meeting of the 19^th July 2006. It was noted that:-

Com(2006) 213 has been referred for scrutiny

Com(2006) 762 has been referred for information

Com(2006) 760 has been referred for information

3)Review under Section 32 [2] of certain provisions under the Freedom of Information Act 1997

On table C the question was put, “that the Joint Committee supports the Ministers recommendations”

A division was made:

Tá 8 – Níl 4

The question was carried.

On the draft report., as amended, on the review under section 32(2) of the certain provisions under the Freedom of Information Act 1997, as amended in the Freedom of Information (Amendment) Act 2003, the question was that the report be hereby adopted

A division was made:

* In substitution for Deputy Richard Bruton.

Tá 8 – Níl 5

The question was carried.

The draft report as amended was adopted.

4)Mortgage Account Switching – discussion with the Irish Bankers Federation

Mr. Pat Farrell, Chief Executive, Irish Bankers Federation made an opening statement. A question and answer session followed.

Also in attendance was Ms. Eimer O'Rourke, Head of Members Services – Retail.

5)Adjournment

There being no further business the Committee adjourned at 5.44 p.m. sine die.

Seán Fleming T.D.,
Chairman

13 September 2006

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 13 September 2006

The Joint Committee met at 3.07 p.m. in Committee Room 4, a quorum being present.

1)Attendance

The following members attended:

Deputies: Joan Burton, John Cregan, Michael Finneran, Seán Fleming (in the chair), John McGuinness, Sean Crowe (in substitution for Caoimhghin Ó Caoláin), Michael Smith (in substitution for Ned O'Keeffe)..

Senators: Martin Mansergh, Joe O'Toole, Peter Callahan (in part substitution for Mary White) and John Hanifan (in part substitution for Mary White).

Apologies were received by Deputies Richard Bruton, Paul McGrath, Catherine Murphy, Caoimhghin Ó Caoláin and Mary White.

2)Minutes of the meeting of 19 and 26 July 2006

The minutes of the meeting 19 and 26 of July were agreed.

3)Correspondence

2006/0479 Letter to the Clerk (25/07/06) from the Budget and Economic Division, Dept of Finance enclosing the report on Expenditure Review of the Grant-in-aid to the ESRI NOTED

2006/0480 Letter to the Clerk (25/07/06) from the Department of Environment, Heritage and Local Government regarding the Section 32 Review NOTED

2006/0481 Letter to the Chairman (26/07/06) from the Information Commissioner regarding the Committees review of the Freedom of Information Act, 1997 (Section 32) NOTED

2006/0482 Letter to the Chairman (19/07/06) from the Minister for Finance regarding an individual taxpayer it was agreed to write to Minister for Finance clarifying that the point at issue was not a 'disputed tax matter' but the principle of a recommendation by the Ombudsman not being accepted and to write to individual that the Committee cannot take matter any further, and suggesting he seek meeting with Minister?

2006/0483 Letter to the Chairman (20/07/06) from the Minister for Finance regarding an addition to the Second Report under Section 32(3) of the Freedom of Information Acts, 1997 and 2003 NOTED

2006/0484 Letter to the Clerk (26/07/06) from the Revenue Commissioners regarding correspondence received from James McCormack, Managing Director, Western Motors Ltd. NOTED

2006/0485 Letter to the Clerk (26/07/06) from the Dept of Social and Family Affairs regarding the Section 32 Review NOTED

2006/0486 Letter to the Clerk (18/07/06) from the Dept of Finance regarding mortgage switching NOTED

2006/0487 Central Bank Quarterly Bulletin Number 3 of 2006, Central Bank Whitaker Lecture, Central Bank Annual Report 2005 NOTED

2006/0488 Email to the Clerk (01/08/06) from the Irish Bankers Federation regarding the meeting of the Joint Committee on 26 July 06 NOTED

2006/0489 Email to the Clerk (31/07/06) from the OECD regarding the OECD High-Level Parliamentary Seminar on Growth and Jobs taking place in Paris on the 5 October 06 it was agreed to send 2 members to this meeting

2006/0490 Letter to the Clerk (24/07/06) from the Financial Regulator enclosing their Annual Report 2005 – Protecting Consumers through Effective Regulation NOTED

2006/0491 National Women's Council of Ireland Annual Report 2005 NOTED

2006/0492 Letter to the Clerk (14/08/06) from the Registrar of Credit Unions regarding an invitation to appear before the Committee NOTED

2006/0493 Letter to the Committee (26/07/06) from the OECD enclosing a copy of the OECD Observer magazine NOTED

2006/0494 Letter to the Clerk (22/08/06) from the Registrar of Credit Unions regarding attendance at the meeting of 13 September NOTED

2006/0495 Letter to the Clerk (23/08/06) from the Credit Union Development Association regarding the meeting of 13 September NOTED

2006/0496 Letter to the Clerk (17/08/06) and (30/08/06) from the Department of Finance enclosing a copies of the Value for Money and Policy Review of the IS Fund (i.e. Expenditure Review of the ID Fund) NOTED

2006/0497 Letter to the Clerk (28/08/06) from the Department of Finance acknowledging a letter sent by the Committee NOTED

2006/0498 Letter to the Chairman (15/08/06) from Senator John Paul Phelan enclosing a submission received by County Secretary of the IFA, Co. Kilkenny. It was agreed to seek written response, to points raised in letter, from Departments of Finance and Social Welfare for consideration at next meeting.

2006/0499 Letter to the Clerk (29/08/06) from the Department of the Taoiseach enclosing a copy of the Department's Annual Report (Summary) 2005 NOTED

2006/0500 Letter to the Clerk (06/09/06) from the Bills Office regarding the timetable for receipt of amendments NOTED

2006/0501 Letter to the Clerk (30/08/06) from Combat Poverty Agency enclosing the Combat Poverty Agency Annual Report 205 NOTED

Correspondence sent by the Committee

Letter to the Dept of Finance regarding Item No 2006/0473 NOTED

Statutory Instruments – all noted – it was agreed to seek a note from the Departments involved in SI447 to 450 for background to the making of the provisions involved

SI No 380 of 2006 European Communities (Reinsurance) Regulations 2006

SI No 399 of 2006 Finance Act 2005 (Commencement of Section 32) Order 2006

SI No 417 of 2006 Financial Transfers (International Criminal Tribunal for the former Yugoslavia (ICTY) (Probation) Order 2006

SI No 418 of 2006 European Communities (International Criminal Tribunal for the former Yugoslavia (ICTY) (Financial Sanctions) Regulations 2006

SI No 419 of 2006 Financial Transfers (Democratic Republic of Congo) (Probation) Order 2006

SI No 420 of 2006 European Communities (Democratic Republic of Congo) (Financial Sanction) Regulations 2006

SI No 421 of 2006 Financial Transfers (Ivory Coast) (Probation) Order 2006

SI No 422 of 2006 European Communities (Ivory Coast) (Financial Sanctions) Regulations 2006

SI No 423 of 2006 Financial Transfers (Iraq) (Probation) Order 2006

SI No 424 of 2006 European Communities (Iraq) (Financial Sanctions) Regulations 2006

SI No 425 of 2006 Financial Transfers (Belarus) (Probation) Order 2006

SI No 426 of 2006 European Communities (Belarus) (Financial Sanctions) Regulations 2006

SI No 427 of 2006 Financial Transfers (Slobodan Milosevic and Associated Persons) (Probation) Order 2006

SI No 428 of 2006 European Communities (Slobodan Milosevic and Associated Persons) (Sanctions) Regulations 2006

SI No 429 of 2006 Financial Transfers (Sudan) (Probation) Order 2006

SI No 430 of 2006 European Communities (Sudan) (Financial Sanctions) Regulations 2006

SI No 431 of 2006 Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations (No. 2) 2006

SI No 432 of 2006 Criminal Justice (Terrorist Offences) Act 2005 (Section 46(2)) (Usama bin Laden, Al-Qaida and the Taliban of Afghanistan) (Financial Sanctions) Regulations (No. 2) 2006

SI No 433 of 2006 Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2006

SI No 434 of 2006 Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2006

SI No 447 of 2006 Civil Service Regulation Act 1956 (Section 1A) (Office of the Ombudsman) Order 2006

SI No 448 of 2006 Civil Service Regulation Act 1956 (Section 1A) (Office of the Director of Public Prosecution) Order 2006

SI No 449 of 2006 Civil Service Regulation Act 1956 (Section 1A) (Office of the Comptroller and Auditor General) Order 2006

SI No 450 of 2006 Public Service Management Act 1997 (Section 1) (Revenue Commissioners) Order 2006

SI No 453 of 2006 Credit Union Act 1997 (Alteration of Financial Limits) Order 2006

4)Addendum to the Review under Section 32 [2] of certain provisions under the Freedom of Information Act 1997 (as amended in the Freedom of Information (Amendment) Act 2003)

The updated report was adopted.

5)Credit Union movement in the regulatory environment – discussion with

• the Irish League of Credit Unions; and
• the Registrar of Credit Unions

Mr. Liam O'Dwyer, Chief Executive, Irish League of Credit Unions made an opening statement. A question and answer session followed.

Also in attendance were Anne O'Byrne, President, Mark Bailey, Director, Carmel Dowling, Director and David Florida James, Supervisory Committee.

Mr. Brendan Logue, Registrar of Credit Unions made an opening statement. A question and answer session followed.

Also in attendance were Mr. James O'Brien, Deputy Registrar of Credit Unions and Mr. Martin Sisk, former Registrar of Friendly Societies and Deputy of Credit Unions

6)Adjournment

There being no further business the Committee adjourned at 5.39 p.m. sine die.

Seán Fleming T.D.,

Chairman

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 4^th October 2006

The Joint Committee met at 4.28 p.m. in Committee Room 2, a quorum being present.

1)Attendance

The following members attended:

Deputies: Joan Burton, Michael Finneran (Vice-Chair), Caoimhghin Ó Caoláin, Richard Bruton, Paul McGrath, Catherine Murphy, M.J Nolan,

Senators: Joe O'Toole, Mary White and John Paul Phelan also attended.

Apologies were received from Deputy John McGuinness

2)Minutes of the meeting of 13^th September 2006

It was agreed to defer discussion, email dated 1/8/06 (item 2006/488) from the Irish Bankers Federation with follow up information following their appearance before the Joint Committee 26/7/06 to the next meeting

3)Correspondence

2006/503 Letter dated 22/9/06 from Financial Regulator regarding possible summonsing of CUDA to the committee. Noted.

2006/504 Email from an individual at Home Instead, regards vat issue on Care of the Elderly in their homes, also attached are letters sent to parties illustrating the issues and what needs to be done. It was agreed to defer this item to the next meeting.

2006/505 Letter from Tom Kitt T.D. outlining legislative programme for next Dáil session.(copies available on request) . Noted.

2006/506 Letter from an individual regards tax proposal for charities and sporting bodies, the donation/re-distribution of credit card stamp duty to charities and sporting bodies See item 2006/514. It was agreed to hear from the Irish Charities Reform Group rather than from an individual.

2006/507 Letter from Deputy Joan Burton in relation to an individuals' proposal that he wishes to raise in relation to stamp duty for charities and sporting bodies.As for item 2006/506

2006/508 Letter from Deputy Joan Burton requesting endorsement of the Committee to attend Social Policy Conference on 17^th October 2006 It was agreed that Deputy Burton to attend.

2006/509 Letter from the clerk of the sub-Committee on European Scrutiny, decisions taken 20^th September 2006.Noted. See EU Scrutiny below

2006/510 Email from a public affairs company looking to arrange meeting with Committee. Noted. The company should put its case in writing.

2006/511 Email dated 2/10/06 from an individual with credit card stamp duty proposal

As for item 2006/506

2006/512 Email dated 2/10/06 requesting a meeting with the Joint Committee from a proposed Georgian delegation between 15^th-19^th October 2006. Agreed.

2006/513 Reply from the Revenue Commissioners stating that the report requested on the taxation of the provision of services to elderly and disabled people in their own homes will be submitted as a joint Finance/Revenue document .Report received, will be circulated for next meeting.

2006/514 An email dated 3/10/06 from a consultancy group enclosing a letter from the Irish Charities Tax Reform Group, seeking a meeting with the Joint Committee on Finance and the Public Service on the issue of VAT compensation to charities . It was agreed to hear this group.

2006/515 Letter dated 1/10/06 to the Chairman on a stamp duty proposal for the charity and sporting body sector ( copies on request) As for item 2006/506

EU Scrutiny

COM(2006)244

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti-fraud Office (OLAF) Noted.

COM(2006)386,

Proposal for a Council Decision on Community strategic guidelines on cohesion 2007 to 2013.

Noted.

Correspondence sent by the Committee

Letter sent to an individual regarding longstanding concerns regarding the outcome of his case involving the Revenue Commissioners that was subject of an investigation by the Ombudsman Office

Letter to Secretary General, Department of the Taoiseach re: Statutory Instruments SI447 to 450 were before the committee on 13^th September 2006, the Committee agreed that the Department be requested to supply information on the background to the making of the provisions involved.

4)Credit Union movement in the regulatory environment – discussion with

Credit Union Development Association

Mr. Bill Hobbs, Chief Executive Officer, CUDA, made an opening statement. A question and answer session followed.

Also in attendance were Mr John Kelly, Management Committee, CUDA ,

Mr Dennis Daly, Management Committee, CUDA and Michael McHugh, Management Committee, CUDA

5. Any other business

6. Adjournment

There being no further business the Committee adjourned at 5.52 p.m. sine die.

Seán Fleming T.D.,
Chairman

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 25^th October 2006

The Joint Committee met at 3.14 p.m. in Committee Room 4, a quorum being present.

1)Attendance

The following members attended:

Deputies: Sean Fleming, John Cregan, Joan Burton, Michael Finneran (Vice-Chair), Caoimhghin Ó Caoláin, Richard Bruton, Paul McGrath, Catherine Murphy, M.J Nolan, Pat Carey and Maura Hoctor

Senators: Martin Mansergh, Mary White.

2)Minutes of the meeting of 25th October 2006

2006/488 It was agreed to defer discussion, email dated 1/8/06 (2006/488 )from the Irish Bankers Federation with follow up information following their appearance before the Joint Committee 26/7/06 Noted

2006/504 Email from an individual at Home Instead, regards vat issue on Care of the Elderly in their homes, also attached are letters sent to parties illustrating the issues and what needs to be done. Noted.

3)Correspondence

2006/516 Acknowledgement dated 2/10/06 from Deputy Seamus Brennan regarding representations on behalf of an individual together with enclosures received from Senator John Paul Phelan regarding pensions. Noted.

2006/517 Request from Deputy Frank Fahey received 3/10/06 to allow time for a presentation from an individual regarding a stamp duty proposal for the charity and sporting bodies sector.Noted.

2006/518 Stamp duty proposal for the charity and sporting body sector from an individual 1/10/06 (copies on request).Noted.

2006/519 Acknowledgement from Deputy Brian Cowen received 4/10/06 regarding representations on behalf of an individual received from Senator John Paul Phelan. Noted.

2006/520 Progress report received 4/10/06 on decentralisation received from Central decentralisation Unit at the Department of Finance. It was agreed to invite the Chairman of the Decentralisation Board before the Joint Committee.

2006/521 Acknowledgement from Department of the Taoiseach dated 28/9/06 for correspondence sent regarding statutory instruments 447-450 of 2006 2006/509 Letter from the clerk of the sub-Committee on European Scrutiny, decisions taken 20^th September 2006. Noted.

2006/522 Acknowledgement from Department of Finance dated 6/10/06 for correspondence sent regarding statutory instruments 447-450 of 2006. Noted.

2006/523 Acknowledgement from Department of Finance dated 28/9/06 for correspondence sent regarding a request for a report on taxation matters relating to provision of services for elderly and the disabled in their own homes. Noted.

2006/524 Letter from Deputy Brian Cowen dated 5/10/06 informing that the Government has decided on a number of steps to improve the effectiveness of the Expenditure Review Initiative (ERI)On the question of noting the correspondence the Joint Committee divided,

Tá 8,Nil 5.The question was carried and the correspondence noted.

2006/525 Autumn issue of Action on Poverty Today received form Combat Poverty Agency (copies on request) Noted.

2006/526 Letter received from Eddie Sullivan, Secretary General dated 9/10/06,PSMD with attached note of background and terms of the Retirement Gratuity Scheme for Branch Managers. Noted.

2006/527 Faxed report received on 3/10/06 from Department of Health and Children regarding the provision of services for the elderly in their own homes. Noted.

2006/528 Email from Central Decentralisation Unit on 5/10/06 with a progress report to the Minister of Finance. See item 2006/520

2006/529 Letter from Clerk to European Sub-Committee dated 12/10/06 ,re; sub-committee on European Scrutiny, decisions taken 12^th October 2006. Noted.

2006/530 Invitation received on 17/10/06 to the conference “Recent and Pending Cases at the ECJ on Direct Taxation” in Vienna 15/2/07 until 17/2/07. To be placed on an agenda.

2006/531 Report received 17/10/06 from Joint Committee meeting of the European Parliament and the National Parliaments on the role of budgetary control, meeting held in Brussels 9 & 10/10/06. Noted.

2006/532 Email from Kevin Leydon 18/10/06 regarding Equitable Life Committee in London to gather evidence. Noted.

2006/533 Email from Fingal Development Board 11/10/06 regarding a conference on sustainable airports development. It was noted that the attachment was unreadable and that a further copy had been requested.

2006/534 Email from Kevin Leydon 19/10/06,an invitation to attend a workshop on “The role of national fiscal rules and instructions in shaping budgetary outcomes” in Brussels on 24^th November 2006. Noted.

2006/535 Email from an individual regards tax proposal for charities and sporting bodies, the donation/re-distribution of credit card stamp duty to charities and sporting bodies. Noted.

2006/536 Reply from Department of Finance on request of information relating to the background to Statutory Instruments 447,448 & 449. Noted.

2006/537 Request from Senator John Paul Phelan that a delegation from a representative body in Kilkenny be heard on the matter of pension entitlements. Deferred until Senator was present.

2006/538 Email from Kevin Leydon dated 20/10/06 regarding 18-MONTH-PROGRAMME OF THE GERMAN, PORTUGUESE AND SLOVENIAN PRESIDENCIES. Noted.

2006/539 Report from Department of Finance and The Revenue Commissioners on taxation matters in relation to the provision of services for the elderly in their own homes. Noted.

4. EU Scrutiny Draft Reports

EU Scrutiny Report No. 10

COM(2004) 227: Proposal for a Council Directive amending Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (submitted in application of Article 27 of Directive 92/12/EEC). The report was adopted.

EU Scrutiny Report No. 11

COM(2004) 641: Proposal for a Council Regulation laying down implementing measures for Directive 77/388/EEC on the common system of value added tax. The report was adopted.

EU Scrutiny Report No. 12

COM(2004) 728: Proposal for a Council Directive amending Directive 77/388/EEC with a view to simplifying value added tax obligations; Proposal for a Council Directive laying down a detailed rules for the refund of value added tax ,provided for in the Directive 77/388/EEC,to the taxable persons not established in another Member State;

Proposal for a Council Regulation amending Regulation (EC) No. 1798/2003 as regards the introduction of administrative cooperation arrangements in the context of the one-stop scheme and the refund procedure for value added tax. The report was adopted.

5. Pensions: discussion with Association of Retired Prison Officers

Mr. Stephen Delaney, President of the Association of Retired Prison Officers, made an opening statement. A question and answer session followed.

It was agreed to write to the Department of Finance asking:

1. What are the numbers of retired officers involved and the likely cost of acceding to the request; and
2. What are the likely spill-over implications in respect of other public servants.

Also in attendance were Mr Jerry Dunne, Mr Brian Lally , Mr Tom Sharkey, Mr Joe Blanch,

Mr James O'Reilly and Mr Martin Ryan,

6. Adjournment

There being no further business the Committee adjourned at 5.14 p.m. sine die.

Seán Fleming T.D.,
Chairman

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 8^th November 2006

The Joint Committee met at 2.35p.m. in Committee Room 1, a quorum being present.

1)Attendance

The following members attended:

Deputies: John Cregan, Joan Burton, Michael Finneran (Vice-Chair), Caoimhghin Ó Caoláin, Richard Bruton, Paul McGrath, Catherine Murphy, M.J Nolan, John McGuinness, Ned O'Keefe

Senators: Mary White

Also in attendance: Dan Boyle T.D

2. Matters Arising

2006/537 Request from Senator John Paul Phelan that a delegation from a representative body in Kilkenny be heard on the matter of pension entitlements. Deferred until Senator is present.

It was agreed that the secretariat would draw up the main points from the hearings with the Credit Union representative groups,(Irish Leauge of Credit Unions [13^th September 2006] and CUDA[4^th October 2006] ) to assist the Committee in making recommendations.

3.Correspondence

2006/540 Email from Kevin Leydon dated 19/10/06 regarding the details of meetings in the Bundestag during the German Presidency.Noted.

2006/541 Email from an individual dated 26/10/06 requesting that the Joint Committee meet with credit card company to discuss a variety of issues. Noted.

2006/542 Letter from a finance union dated 20/10/06 requesting a meeting with the Joint committee to discuss a dispute over pension issues with a bank. It was agreed to ask the Bank involved to respond to the points raised.

2006/543 Email from Department of Finance dated 24/10/06 with update on EU VAT proposals. Noted

2006/544 Email from MS Ireland dated 31/10/06 with first pre-budget submission for Government consideration. To be referred to the Department of Finance for consideration.

2006/545 Fourth progress report on cohesion, “The Growth and Jobs Strategy and the Reform of the European Cohesion Policy”. Noted.

2006/546 Quarterly bulletin from Central Bank & Financial Services Authority of Ireland.

Only one report received. Noted.

2006/547 Letter dated 20/10/06 with European Court of Auditors Annual Report concerning the financial year 2005. Noted.

2006/550 Email from Department of Foreign Affairs dated 1/11/06 regarding agendas for EU Council Meetings. Noted.

2006/551 Email from Department of Foreign Affairs regarding latest GAERC Agendas 13/14 November 2006. Noted.

2006/552 Email from Department of Foreign Affairs with latest A points regarding meeting of the Council of The European Union 7/11/06. Noted.

2006/553 Acknowledgment of letter sent to Department of Finance requesting information in relation to Retired Prison Officers.The Department should be pursued for an early reply.

2006/554 Pre-budget submission from Combat Poverty agency. Only one copy received and available on request. Noted.

2006/548 Statutory Instruments

S.I No. 564 of 2006

Savings Certificates (Sixteenth Issue) (Amendment)Rules 2006

S.I No. 484 of 2006 Appointment of Special Advisor(Minister of Finance) Order 2006

S.I No. 549 of 2006 Finance Act 2006 (Commencement of Sections 93(1)(b) and 99(1)(a) Order 2006

S.I No. 546 of 2006 Credit Union Act 1997 (Alteration of Financial Limits) Regulations 2006

S.I No. 523 of 2006 Superannuation (Designation of Approved Organisations)(No.2) Regulations 2006

S.I No. 521 of 2006 Finance Act 2006 (Section 122(2))(Designation of Company) Order 2006

S.I No. 520 of 2006 Finance Act 2006 (Section 122(1)) Order 2006

2006/549 EU Scrutiny

Letter to the Clerk dated 26/10/06 from the Clerk to the sub-Committee on EU Scrutiny.

COM(2006)473 Amended proposal for a regulation of the European Parliament and of the Council on mutual administrative assistance for the protection of the financial interests of the Community against fraud and any other illegal activities.

COM(2006)507 Proposal for a directive on European Parliament and of the Council amending Council Directive 92/49/EEC and directives 2002/83/EC,2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the Prudential assessment of acquisitions and increase of shareholdings in the financial sector.

4. VAT & Charities: Irish Charities Tax Reform Group

Mr. Richard Dixon, Chairman of Irish Charities Tax Reform Group made an opening statement. A question and answer session followed.

It was agreed to draw the attention of the Minister for Finance to the views expressed.

Also in attendance were:

Ms. Niamh Ni Chonghaile, Financial Controller, Irish Cancer Society and former Chairperson, ICTRG.

Ms. Martha Hegarty, Director, RESPECT / Daughters of Charity.

Mr.Matt Moran, Promotions Manager, Sacred Heart Missions, Cork.

Ms. Sheila Nordon, , Irish Charities Tax Research Ltd,

5. Adjournment

There being no further business the Committee adjourned at 3.54 p.m. sine die.

Seán Fleming T.D.,
Chairman

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 22^nd November 2006

The Joint Committee met at 3.11 p.m. in Committee Room 1, a quorum being present.

1.Attendance

The following members attended:

Deputies: Sean Fleming (in the chair), Paul McGrath, Catherine Murphy, M.J. Nolan, Ned O'Keeffe

Senators: Joe O'Toole

Apologies were received from Deputies Richard Bruton, Caoimhghin Ó Caoláin and Senator John Paul Phelan.

2.Minutes of previous meeting

The minutes of the meeting of 18 November 2006were agreed.

Matters arising

2006/537: Request from Senator John Paul Phelan that a delegation from a representative body in Kilkenny be heard on the matter of pension entitlements. Deferred until Senator is present.

3.Correspondence

2006/555: Response from Department of Finance dated 8/11/06 relating to the inclusion of rent allowances in pensions payable to Prison Officers. Agreed to request specific figures in relation to the prison officers concerned and to seek details of comparable groups.

2006/556: Email dated 14/11/06 from Clerk to the EU Affairs Committee with an invitation to attend a Joint Parliamentary meeting organised by the Parliament of Finland and the European Parliament 4—5 December. Agreed that two members of the Committee (one government and one opposition) could attend. Agreed that Members interested in attending could contact the Clerk.

2006/557: Acknowledgement letter dated 15/11/06 from Dept of Finance regarding MS Ireland pre budget submission. Noted.

2006/558: Letter received dated 16/11/06 from Department of Finance in relation to pre budget submission from MS Ireland - the submission has been passed to the Department of Health and Children for consideration. Noted.

2006/559: Letter dated 15/11/06 from Government Chief Whip in relation to supplementary estimates. Agreed that should Supplementary Estimates from the Department of Finance Group of Estimates , or the Department of the Taoiseach Group of Estimates be referred to the Select Committee, such Estimates would be considered by the Select Committee on 30 November 2006 at 12:00p.m.

2006/560: Annual report 2005 from Department of the Environment, Heritage and Local Government. Noted.

2006/561: Letter dated 16/11/06 received from IFSRA with 3 year strategic plan attached (one copy of strategic plan received, available on request). Noted.

2006/562 Letter to the Clerk dated 10/11/06 with a copy of the official Munich Economic Summit 2006 publication (one copy received, available on request). Noted.

EU Scrutiny

COM(2006)526

Proposal for a Directive adapting certain directives in the field of freedom to provide services, by reason of the accession of Bulgaria and Romania. Forwarded to the Committee for information. Noted.

4.Travel Proposals

1. It was agreed that the Joint Committee, in the interest of informing itself in pursuance of its terms of reference, accept the invitation to attend a conference on “Recent and Pending Cases at the ECJ on Direct Taxation” in Vienna 15/2/07 until 17/2/07. The estimated cost of attendance being €1793.50 per member and €1793.50 for an official.

   It was further agreed that a maximum of four members would attend.

   
   
2. It was agreed that the Joint Committee, in the interest of informing itself in pursuance of its terms of reference, send a delegation to examine the financial regulation/freedom of information environment in New Zealand in 2007. The estimated cost of the visit being €7862 per member and € 7822 for an official.

   It was further agreed that a maximum of four members would attend.

   
   

5.Work Programme for January and February 2007

It was agreed that the issues relating to the non claiming of relevant allowances by tax payers would be considered at two meetings in January 2007, the dates of those meetings to be confirmed.

6.AOB

1. It was agreed that the Chairman of the Revenue Commissioners, Mr. Frank Daly and a representatives of the Irish Taxation Institute would be asked to attend the next meeting of the Joint Committee to discuss the arrangement recently revoked, concerning the payment of corporation tax for start up companies on their first years taxable income. It was agreed that this item would be discussed for approximately 45 minutes, immediately before the discussion on Decentralisation with the Decentralisation Implementation Group, already scheduled for that meeting.
2. It was agreed that Mr. Marc Di Salvo of the Irish Autism Action and representatives of the Department of Education and Science would be asked to attend a meeting of the Joint Committee on 19 December 2006 at 12:00p.m. to discuss the costs of the State in defending legal cases taken by parents seeking resources for the education of their children with special needs.

7.Adjournment

There being no further business the Committee adjourned at 3.39 p.m. sine die.

Seán Fleming T.D.,
Chairman

Joint Committee on Finance and the Public Service

Proceedings of the Joint Committee

Wednesday, 13^th December 2006

The Joint Committee met at 12.12 p.m. in Committee Room 4, a quorum being present.

1.Attendance

The following members attended:

Deputies: Sean Fleming (in the chair), Catherine Murphy, M.J Nolan, Ned O'Keeffe, Richard Bruton, Joan Burton, John Cregan, Caoimhghin Ó Caoláin and Michael Finneran.

Senators: John Paul Phelan

Apologies were received from Deputy John McGuinness.

2.Minutes of previous meeting

The minutes of the meeting of 22^nd November 2006 were agreed.

Matters arising

1. 2006/537: Request from Senator John Paul Phelan that a delegation from a representative body in Kilkenny be heard on the matter of pension entitlements. It was agreed to await a response from the Department of Social and Family Affairs on this issue.
2. Following a request from Irish Autism Action, the Chairman advised members that the meeting with that group and the Department of Education and Science to discuss issues arising from the State defending legal cases taken by parents seeking resources for the education of their children with special needs had been deferred until the new year

3.Correspondence

2006/564 Letter dated 20/11/06 from the Office of the Revenue Commissioners regarding the arrangement recently revoked concerning the payment of corporation tax for start up companies on their first years taxable income. Noted. The Chairman advised the meeting that as this issue had been satisfactorily resolved in the Budget, consequently there was no requirement for the Revenue Commissioners or the Institute of Taxation to appear before the Committee to discuss the issue.

2006/565: Letter dated 27/11/06 from Department of Finance to acknowledge letter sent requesting information in relation to rent allowances in pensions payable to specific Prison Officers. Noted.

2006/566: Letter dated 28/11/06 from Office of the Information Commissioner to referring to the Committees report “Review under Section 32(2) of certain provisions under the Freedom of Information Act 1997 (Amendment) Act 2003)”. Noted

2006/567: Email from an individual dated 4/12/06 inquiring if the Joint Committee had considered a request to meet a credit card company. Noted. It was agreed at a previous meeting that the Committee would not meet with this Company.

2006/568: Acknowledgment from the Minister for Social and Family Affairs in relation to correspondence from the Joint Committee regarding pension entitlements for women in the farming community. Noted.

2006/569: Acknowledgment from the Minister for Finance in relation to correspondence from the Joint Committee regarding pension entitlements for women in the farming community. Noted.

2006/570 Letter dated 28/10/06 from an individual in relation to extending the Carers Benefit Payment. Agreed to refer letter to the Minister for Social and Family Affairs.

2006/571 Submission received from the Dyslexia Association of Ireland seeking support to amend “Section 469 of the Taxes Consolidation Act of 1997”. It was agreed to seek a response to this submission from the Department of Education and Science, in advance of the publication of the Finance Bill.

The Chairman referred to previous correspondence:

• Correspondence with the Minister for Finance which pertained to an individual in Waterford in respect of a recommendation by the Ombudsman to the Revenue Commissioners to the effect that compensation for maladministration should be paid, the full amount of which was not paid. As the Joint Committee has not yet received a reply from the Minister for Finance, it was agreed that the Chairman should write to the Minister again seeking resolution regarding the issue of compensation for maladministration.
• Correspondence with the Revenue Commissioners and the Departments of Health and Children and Finance on the issue of VAT on meals on wheels provided to the elderly in their own homes. The Chairman noted that this issue was satisfactorily addressed in the Budget

Statutory Instruments

S.I No. 534 of 2006

Savings Certificates (sixteenth issue)(Amendment) Rules 2006. Noted

S.I No. 557 of 2006

Central Bank Act 1971 (Approval of Scheme of AIB Finance Limited and Allied Irish Banks, p.l.c) Order 200. Noted

EU Scrutiny

Letter to the Clerk dated 30/11/06 from the Clerk to the sub-Committee on EU Scrutiny. Noted

COM (2006) 618: Green Paper on improving the efficiency of the enforcement of judgments in the European Union: the attachment of bank accounts. Noted

COM(2006)531: Additional information regarding “Proposal for the amendment of the Directive concerning the right to vote and stand as a candidate in municipal elections by citizens of the Union, by reason of the accession of Bulgaria and Romania”. Noted

4.Progress in Public Service Decentralisation - Discussion with the Decentralisation Implementation Group

Mr. Finbarr Flood, Chairman of the Decentralisation Implementation Group, made an opening statement. A question and answer session followed.

Also in attendance were :

Michael Errity, Assistant Secretary, Department of Finance

Áine Stapleton, Principal Officer, Department of Finance

Paul Molloy, Principal Officer, Office of Public Works

Brian Allen, Principal Officer, Office of Public Works

5. Adjournment

There being no further business the Committee adjourned at 2.40 p.m. sine die.

Seán Fleming T.D.
Chairman