Joan Burton (Dublin West, Labour) | Oireachtas source

One of the points of focus in the Finance Bill is to provide better arrangements for the transfer of land from older farmers who are retiring to younger farmers and people who want to go into farming. If the Deputy is suggesting that a difficulty has been identified in regard to the arrangements that the Minister for Finance proposes in the legislation, the discussion in the Seanad will provide an opportunity to tease out all of the issues.

I am not totally familiar with the section of the Bill, but there have been questions about a number of issues relating to transfers and inheritance under the Finance Bill. If a further briefing is required from officials in the Revenue Commissioners and the Department of Finance on the operation of the clauses in section 74, that can be provided. Clearly, the Deputy has questions about how the section would operate in practice.

The intention of the legislation is to make provision for the easier transfer of land to young farmers. The reason time limits are provided for in respect of such transfers is that obviously when receiving inheritances or passing over inheritances or businesses to the next generation or to relatives, and doing so with a substantial tax mitigation, the Revenue Commissioners must be satisfied that it is in respect of bona fide participation in farming. I take the Deputy's point that somebody who might be out of the country for one or three years, having emigrated to get employment, and who wishes to return and perhaps succeed to a family farm or take over a farm holding might not satisfy some of the tests. I strongly suggest that the matter be taken up, first, with the Revenue Commissioners to explore some of the cases about which the Deputy has concerns and, second, in the context of the discussion on the Bill. I will also raise the matter with the Minister, Deputy Noonan.

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