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Written Answers Nos. 129-143Residency Permits 129. Deputy Bernard J. Durkan Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met. The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited. Naturalisation Eligibility 130. Deputy Bernard J. Durkan Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met. Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited. Insolvency Service of Ireland Data 131. Deputy Michael McGrath Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): The total fees received by the ISI in 2014 were €615,000 and in 2015 were €654,000. The budget allocated to the ISI for 2016 is €7,317,000. The 2016 Q1 Statistical Report published by the ISI indicated that the number of insolvency arrangements approved to the end of the first Quarter of 2016 is 2,057. This figure comprises 669 Debt Relief Notices, 379 Debt Settlement Arrangements and 1,009 Personal Insolvency Arrangements. In addition, the Government will shortly launch a new Government-funded Scheme to help people who are insolvent, and in mortgage arrears on their home, to access independent expert financial and legal advice. This will include free consultations with Personal Insolvency Practitioners. Insurance Costs 132. Deputy Brendan Griffin Minister for Finance (Deputy Michael Noonan): The EU framework for insurance expressly prohibits Member States adopting rules which require the prior approval or systematic notification of certain matters, including general and special policy conditions and scales of premiums. Furthermore, the EU framework provides non-life insurers with the freedom to set premiums. Insurance companies consider a number of risks when determining the premium for a proposed insurance policy, whether that is a general insurance policy such as motor or home insurance, or a life assurance policy. A premium is based on the actuarial calculation of risk. Insurance Ireland has informed me that motor insurers make their own individual decisions on whether to offer cover and what terms to apply. They use a combination of rating factors in doing this, such as the age of the driver, the type of car, claims record, driving experience, number of drivers, how the car is used, etc. Insurers do not all use the same combination of rating factors, prices vary across the market and consumers are free to choose. In the event that a person is unable to obtain a quotation for motor insurance or feels that the premium proposed or the terms are so excessive that it amounts to a refusal to give them motor insurance, they should contact Insurance Ireland (telephone 01 6761820) quoting the Declined Cases Agreement. Under this Agreement, the Declined Cases Committee of Insurance Ireland deals with cases of difficulty in obtaining motor insurance. Mortgage Lending 133. Deputy Thomas P. Broughan Minister for Finance (Deputy Michael Noonan): In relation to the up-coming review of the macro prudential measurers for residential mortgage lending, the Central Bank has informed me that this will take place later this year with publication expected in November. The Central Bank has indicated that, while the general framework of mortgage rules is intended to be a permanent feature, arising from this forthcoming review the calibration of these rules can be tightened, loosened or left unchanged in response to its analysis of the operation of these rules from inception through summer 2016. However, it has cautioned that, given the value of a stable rules-based system, any changes to the existing measures will require a high evidence threshold. As part of the review process, the Central Bank has indicated that it will invite written public submissions that provide evidence-based analyses of the impact of the rules and that details on this process will be provided in advance of the submission period. The macro prudential regulations were put in place under the provisions of section 48 of the Central Bank (Supervision and Enforcement) Act 2013 and that Act requires the Central Bank to formally consult with me, as Minister for Finance, on any new regulation it proposes to put in place under that section including in relation to the mortgage lending macro prudential measures. Insurance Costs 134. Deputy Paul Murphy Minister for Finance (Deputy Michael Noonan): While the provision and the pricing of insurance policies is a commercial matter for insurance companies, this does not preclude the Government from introducing measures that may, in the longer term, lead to a better claims environment that could facilitate a reduction in claims costs. The question of the cost of insurance is a complex one involving a number of Government Departments, State Bodies and private sector organisations. I have asked my officials to examine the factors which contribute to increasing costs of insurance. This work is part of an overall review of policy in the insurance sector which my Department is carrying out in consultation with the Central Bank and other Departments, Agencies and external stakeholders. The objective of the Review is to recommend measures to improve the functioning and regulation of the insurance sector. The first phase of the Review is dealing with the motor insurance compensation framework and this work is nearing completion. The next phase of the Review will deal with the issue of insurance costs and it will include an examination of the factors contributing to the current rise in insurance premiums. The Review of Policy in the Insurance Sector will continue over the coming months. Disabled Drivers and Passengers Scheme 135. Deputy Éamon Ó Cuív Minister for Finance (Deputy Michael Noonan): Hearings of the Disabled Drivers Medical Board of Appeal are held on average twice a month at the National Rehabilitation Hospital in Dun Laoghaire, which has the facilities to cater for people with mobility impairing disabilities of the kind provided for under the Disabled Drivers and Disabled Passengers Scheme. The Medical Board of Appeal holds regional clinics as demand arises. I'm informed that one clinic per year, for the past four years, has been held in Cork City. A regional clinic is scheduled for September this year in the Mercy University Hospital, Cork City. Regulation 6(1)(e) of the Disabled Drivers and Disabled Passengers (Tax Concession) Regulations 1994 (S.I. 353 of 1994) mandates that the Medical Board of Appeal is independent in the exercise of its functions. Tax Exemptions 136. Deputy Michael D'Arcy Minister for Finance (Deputy Michael Noonan): Insurance Coverage 137. Deputy Brendan Griffin Minister for Finance (Deputy Michael Noonan): Insurance companies are not prohibited from extending insurance cover in cases where motorists have an Australian or International Driver's Licence. However, the provision of insurance cover and the price at which it is offered is a commercial matter for insurance companies and is based on an assessment of the risks they are willing to accept and adequate provisioning to meet those risks. These are considered by insurance companies on a case by case basis. Insurance Ireland has informed me that motor insurers, in making decisions on whether to offer cover and what terms to apply, use a combination of rating factors such as the age of the driver, the type of car, claims record, driving experience, number of drivers, how the car is used, etc. Insurers do not all use the same combination of rating factors, prices vary across the market, and consumers are free to choose. Insurance Ireland has further stated that if the individual can produce confirmation that they were continually insured and are claims free in their own name while they were away, this would be taken into consideration when re-applying for insurance. Insurance Ireland operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to obtaining insurance. In the event that a person is unable to obtain a quotation for motor insurance or feels that the premium proposed or the terms are so excessive that it amounts to a refusal to give them motor insurance, they should contact Insurance Ireland, 5 Harbourmaster Place, IFSC, Dublin 1, Telephone +353 1 6761820 quoting the Declined Cases Agreement. My Department is conducting an overall review of policy in the insurance sector in consultation with the Central Bank and other Departments, Agencies and external stakeholders. The objective of the Review is to recommend measures to improve the functioning and regulation of the insurance sector. Mortgage Data 138. Deputy Michael McGrath 140. Deputy Michael McGrath Minister for Finance (Deputy Michael Noonan): The Central Bank has confirmed to me that it does not have a remit in regard to access to records. Access rights under the Data Protection legislation are a matter for my colleague, the Tánaiste and Minister for Justice and Equality. As I have previously said, the sale of a loan from one entity to another does not change the terms of the contract or the borrower's rights and obligations under the original contract. Any right of access under the Data Protection legislation would not be impacted by the regulatory status of the owner. Where a loan has been restructured prior to the sale and a new contract is in place, it is this new loan contract which is sold and the rights and obligations of the borrower under the contract are not changed by the sale. The Deputy will be aware that the Consumer Protection (Regulation of Credit Servicing Firms) Act, 2015 was enacted on 8 July 2015. It was introduced to fill the consumer protection gap where loans were sold by the original lender to an unregulated firm. The 2015 Act introduced a regulatory regime for a new type of entity called a 'credit servicing firm'. Credit Servicing Firms are now subject to the provisions of Irish financial services law that apply to 'regulated financial service providers'. This ensures that relevant borrowers, whose loans are sold to third parties, maintain the same regulatory protections they had prior to the sale, including under the various statutory codes (such as the Consumer Protection Code, Code of Conduct on Mortgage Arrears, Code of Conduct for Business Lending to Small and Medium Enterprises and the Minimum Competency Code) issued by the Central Bank of Ireland and the Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Lending to Small and Medium-Sized Enterprises) Regulations 2015 which comes into operation on 1 July 2016. Loan Books Purchasers 139. Deputy Michael McGrath Minister for Finance (Deputy Michael Noonan): Question No. 140 answered with Question No. 138. Mortgage Data 141. Deputy Michael McGrath Minister for Finance (Deputy Michael Noonan): The Consumer Protection (Regulation of Credit Servicing Firms) Act, 2015 was introduced to fill the consumer protection gap where loans were sold by the original lender to an unregulated firm. The 2015 Act introduced a regulatory regime for a new type of entity called a 'credit servicing firm'. Credit Servicing Firms are now subject to the provisions of Irish financial services law that apply to 'regulated financial service providers'. This ensures that relevant borrowers, whose loans are sold to third parties, maintain the same regulatory protections they had prior to the sale, including under the various statutory codes. Mortgage Data 142. Deputy Michael McGrath Minister for Finance (Deputy Michael Noonan): Property Ownership 143. Deputy Michael McGrath Minister for Finance (Deputy Michael Noonan): The Deputy will be aware that NAMA does not own residential property. Rather NAMA has acquired loans and its role is that of a lender with claims over security for its loans rather than a property owner or lessor. In that capacity, NAMA holds security over properties that are owned by its debtors or, in the case of enforcement, which are managed on behalf of those debtors by duly appointed insolvency practitioners. I am advised that there are approximately 6,000 completed residential properties over which NAMA holds security in relation to its loan portfolio, 99% of which are occupied. The other 1% is frictional vacancy due to tenants relocating as leases roll over and expire. |
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