Michael D Higgins (Galway West, Labour)

I broadly support this important amendment. We have had a valuable public debate on institutional reform during which I suggested that a working democracy requires moving from dealing just with political power and accountability to dealing with administrative power and accountability. On earlier stages, I cited examples in this regard. I suggested that people often try to achieve legislative change through advocacy. However, if they are excluded from the process of administering that legislative change it can often come to nothing. That is the view of those who have been analysing political systems in Europe, including a leading theorist whom I quoted in my speech on Second Stage.

I wish to make another point that, unfortunately, has not surfaced in the public debate so far. Important professions in this country have been degraded by the actions of some of their members. As a former Member of the Seanad, I recall that when the Finance Bill came to the Upper House - as it will later this week - the legislation was analysed in great detail by some Senators. I often wondered why they were dealing with the Bill in such detail. I knew the answer within a few months, however, when I read the publications from their legal or accountancy firms. The profession of accountancy, the legal profession and other related professions have served this country very poorly in terms of their scrutiny of some of their practitioners. Their investigations into certain practices tend to be rather cumbersome and often happen very late after the fact.

I would like to say something else that may be quite shocking. I am afraid it is slightly different from what Deputy Noonan has been saying. I believe in a republic. If one is to take that seriously, one has to commit oneself to transparency. We need a kind of professional practice that tries to illuminate the consequences of legislation, rather than one that seeks to hide facts from the public. It might sound like an arcane view on my part, but it happens to be my strong view that there is something lesser about a professional practice that seeks to remove benefit from the people in general through the taxation system. During one of the most colourful debates I can remember on a finance Bill, the late Oliver J. Flanagan added some particularly valuable theological colour to his lecture on the difference between tax avoidance and tax evasion by comparing it to the difference between venial and mortal sin. We have moved on, but the standard in professional practice has not moved on. I wanted to take this opportunity to make that point because when I was a young student of commerce, I examined the obligations that flowed from signing off on one's balance sheet of assets. I am simply saying that what has happened in recent times in the professions has served us badly.

I will move on to discuss what this specific amendment has to say. Its contents would be of value to any future Minister for Finance of any party. Ministers are not required to affect the kind of omniscience that they find valuable, although some of them think it necessary to do so. They are required to make proposals that may or may not work. Some of their proposals are unsuccessful. If it is agreed that the best way of testing whether something is successful is by reference to its intent in terms of social benefit, as well as the economic benefit to those participating in it, why does the Minister not accept this amendment and get on with it? The great advantage of this proposal is that it would require the Minister of the day to say that when he introduced a measure, it was his hope that certain people would participate in it, that it would have certain consequences and that it would lead to the transfers about which Deputy Noonan spoke. What is wrong with stating that the investment in question should be judged on whether it facilitated job creation, assisted social inclusion and was to the spatial advantage of communities?

In the old days, chartered accountants used to sit down with their clients and occasionally pick up some original documents. There has been a big change in the modern crisis practices that I mentioned. A partner in the firm now has lunch with the client to secure his account, brings in a small army of lower paid people to do the drudge work and has lunch with the client again when the time comes to hand over the bill. All of these institutions have to change. If the Minister of the day finds that his proposal has not had the desired effect because after he made it, a small army in the predator section of one of these unreformed institutions - they have a long way to go - decided to go after it, he can change it. In such circumstances, the Minister would be entitled to the respect of the other side of the House. He or she would have my respect as well. This is a valuable amendment because it provides for administrative justice and democracy, offers transparency and represents a small gesture towards improving standards in professions that need to improve. I am sure the Minister for Finance, who has been one of the more thoughtful members of the Cabinet for a long time, will consider accepting the amendment.

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