Brian Lenihan Jnr (Dublin West, Fianna Fail)

One can argue that, although I do not want to go into a procedural argument about this and want to assist the House. It is an interesting procedural labyrinth we could spend hours exploring when we should be exploring the Finance Bill.

With regard to the amendment itself, I have used the time available to have a further consideration of this amendment undertaken at my Department. The amendment in its expressed terms is limited to the preparation of a report on a cost-benefit analysis of "tax expenditures provided for by this Act", setting out the costs of tax foregone and the benefits in terms of job creation or otherwise. It is worth noting, that it is "tax expenditures provided for by this Act", not tax expenditures provided for more generally in previous financial legislation.

The timeframe of one month is too short in terms of the capacities of my Department, and I would require three months to do it. However, on that basis, I am prepared to consider the amendment and to accept it at this stage, although I will bring forward a Seanad proposal to extend the period to three months for the preparation of this report. I do not believe there is any harm in the amendment, and many wider subjects were discussed with it on which neither I nor Deputy Burton gave ground. I am happy to accept the text of the amendment, subject to the fact I will be bringing forward a recommendation.

I was very reluctant to allow this matter to be dealt with at a Whips meeting rather than on the floor of the House because the relationship between this House and Seanad Éireann on a Bill of this type is different from the relationship that would apply to most legislation. The powers of the Seanad are circumscribed by the Constitution in regard to legislation of this type and the pre-eminence of this House is clearly acknowledged in the Constitution. It is for that reason I would prefer this matter to be settled, as far as we can settle it, in this House at this stage.

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