385. Deputy Paul Nicholas Gogarty asked the Tánaiste and Minister for Finance if he will state the legal basis for the re-introduction of medical criteria via section 36 of the Finance Act 2020 that had been previously condemned by the Supreme Court; if he is satisfied that this section is consistent with Article 15.4.1 of the Constitution; and if he will make a statement on the matter. [6442/26]
Parliamentary questions
Questions
TDs ask ministers questions to get answers on the record, most of them in writing. Here is every one asked in the 34th Dáil, by the department it went to and the subject heading it was filed under. How questions work
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Showing questions asked by Paul Nicholas Gogarty under the heading Tax Reliefs.
11 questions match, newest first.
386. Deputy Paul Nicholas Gogarty asked the Tánaiste and Minister for Finance if he accepts the principle under Article 34 of the Constitution that Supreme Court rulings are final and conclusive; the steps his Department is taking to ensure the disabled drivers scheme now aligns with these final rulings; and if he will make a statement on the matter. [6443/26]
387. Deputy Paul Nicholas Gogarty asked the Tánaiste and Minister for Finance if he will clarify whether the terms and conditions of engagement for members of the disabled drivers medical board of appeal explicitly require that they act in full compliance with the fundamental obligations and rights contained in Article 40, and those derived from international agreements the State has entered into under Article 29; if…
388. Deputy Paul Nicholas Gogarty asked the Tánaiste and Minister for Finance if he will outline his Department's formal response to the repeated warnings from the Ombudsman regarding the legality of the disabled drivers and passengers tax relief scheme; the financial and administrative steps taken to remedy these concerns; and if he will make a statement on the matter. [6445/26]
389. Deputy Paul Nicholas Gogarty asked the Tánaiste and Minister for Finance the way in which his Department ensures that the administration of tax-based disability reliefs fulfils the duty of sincere cooperation under Article 4.3 TEU to align domestic financial law with EU values of equality; and if he will make a statement on the matter. [6446/26]
390. Deputy Paul Nicholas Gogarty asked the Tánaiste and Minister for Finance if he will clarify his Department's policy on disclosure of personal assessments by agencies under his aegis, in light of the Supreme Court conclusions in Nowak and Delaney; if he is satisfied that applicants for the primary medical certificate are provided with sufficient reasoning for decisions, given the conclusion in the Reeves judgment…
391. Deputy Paul Nicholas Gogarty asked the Tánaiste and Minister for Finance if a copy of the motion passed unanimously by South Dublin County Council, which was sent to the Taoiseach calling for fair reform of the disabled drivers scheme, has been forwarded to his Department for direct action; if so, the date on which his Department received this motion; the specific actions have been taken since; and if he will ma…
392. Deputy Paul Nicholas Gogarty asked the Tánaiste and Minister for Finance the specific steps taken by his Department to ensure that the Disabled Drivers Medical Board of Appeal refrains from acts inconsistent with the UNCRPD, as per the requirements of Article 29 of the Constitution; and if he will make a statement on the matter. [6451/26]
394. Deputy Paul Nicholas Gogarty asked the Tánaiste and Minister for Finance the legal basis for suspending access to assessments for the primary medical certificate following a judgment (details supplied) given the conclusions of the Supreme Court in the Article 26 reference on the Health (Amendment) (No. 2) Bill 2004; if he accepts that statutory benefits under the disabled drivers scheme constitute a property rig…
395. Deputy Paul Nicholas Gogarty asked the Tánaiste and Minister for Finance if he accepts that under Article 34.4.6 of the Constitution, the decisions of the Supreme Court are final and conclusive; his views that all Government Ministers, civil servants, and staff in public or private organisations delivering public services have a primary constitutional obligation to respect, uphold, and deploy these final rulings…
396. Deputy Paul Nicholas Gogarty asked the Tánaiste and Minister for Finance if he is aware of the constitutional doctrine of "under-inclusiveness" as identified in the Reeves judgment and affirmed by the Supreme Court in the 2025 theory judgment; his views on whether the current medical criteria for the disabled drivers scheme are unconstitutionally under-inclusive by arbitrarily excluding citizens with significant…