Oireachtas Joint and Select Committees

Thursday, 4 December 2014

Public Accounts Committee

Investigations by Revenue into Authorised Officers Report

11:30 am

Photo of John DeasyJohn Deasy (Waterford, Fine Gael) | Oireachtas source

Ms Feehily referred to the ten-year rule being a serious impediment. Were there other impediments? The legislation underpinning the 1993 tax amnesty was introduced. Did the then board of Revenue or any senior officials give an official opinion to the Department of Finance with regard to this amnesty? Some people, including a number of academics, remain of the opinion that the tax amnesty in question was unnecessary. There were massive differences between the 1988 amnesty, which was operated on the basis that all outstanding taxes be recouped, and the 1993 amnesty, which was known as the "15% incentive amnesty". There is a theory - I have heard it outlined on a number of occasions - that as the investigations into the Ansbacher accounts proceeded in the period 2003 to 2005, plenty of people in senior positions in Revenue had major misgivings with regard to the way in which the legislation relating to the 1993 amnesty was drafted. Some Ansbacher account holders availed of the 1993 tax amnesty and when they were pursued, they had the certificates they had obtained as a result of that and these made them immune from prosecution. This is a really important point. Some 20 Ansbacher account holders availed of the tax amnesty and there is a suggestion that the legislation under which that amnesty was established was politically motivated. I accept that Ms Feehily cannot comment on that matter to a certain extent. However, I am going to ask her about the kinds of reservations which continued to be expressed in Revenue while the investigations to which I refer were ongoing.

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