Dáil debates

Tuesday, 10 July 2018

Companies (Statutory Audits) Bill 2017: Report and Final Stages

 

8:40 pm

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent) | Oireachtas source

I am glad to have an opportunity to speak on this because I have a gripe with regard to small companies having to go to the High Court to get the deadline extended. Today, I had contact from a person whose accountant was sick. That person received a fine because the deadline was missed by a few days. The small companies in my neck of the woods are all family-run operations. They have to work all of the hours God gives them to make ends meet. On my way here this morning, I received a call from a fellow trying very hard and just because his accountant was sick and could not do the accounts he has to pay a fine. This man can do everything but he is not good at paperwork and he depends on his accountant to keep things straight. This is what has happened to him.

It will be very prohibitive and costly for companies if they have to go to the High Court and employ barristers, and we know what they cost. I appeal to the Minister and I will vote against this part of the Bill because it is not fair on small companies. I do not know who thought up this idea. I do not know whether it is the Government or the officials, but I regret very much this is what they are at because these small companies are the people keeping us in here. They are paying the Bills for the civil servants, the Members and the local authorities, and they help to pay for the services. If we nail these people by insisting they must go to the High Court to extend the deadline it will be a very regrettable day.

I am glad I have an opportunity to lodge my complaint against this. There are many things going through the House, but we are going to hurt small companies with this. The District Court is well able to deal with it. The way the thing has gone now, it is totally loaded on the side of the State because there are only so many days to make returns. People do not have a C2 certificate for the year any more. It is now on a two monthly basis. It is a hard struggle for many companies out there. I do not know what line of business the Minister is in besides politics, but I know what small employers are going through because I am one and I know about many others.

What happens on top of everything is the people who are working hard are caught by the big contractors for massive sums of money at the end of the jobs. We have asked the Government to do something about this. The big contractors do not care when they are tendering because they know they will not pay the subcontractors at the end of the job but will let them go whistle their ducks and not pay them the last of their money. I know of one company that had €20 million practically written off. It reddened people from Malin Head to Mizen Head and down through the country, including small shopkeepers and operators who needed their money but they left them without it. They are after getting away scot clean. They are out now and they will pay a sum of 5 cent in the euro to all of the creditors who are struggling. One young fellow was left without €600,000, and that is the truth.

We are doing nothing to help the people who are affected. We are doing nothing to prevent the larger companies from doing this. They are able to get these jobs because they have such a big turnover. There are only so many of them allowed to tender for the big contracts or any worthwhile contract. One of the bars to being allowed to tender is turnover. These companies have the turnover, which is why they can put in whatever price they like and let the small businesses suffer at the end of the line because they will not get the last of their money. This is happening. It is not happening just in Kerry. It is happening throughout the country. To think we are coming in here this evening and agreeing that these poor contractors or companies, that are trying to put bread on the table and working very hard for their money and not getting it for nothing, should come up to the High Court or go to the High Court in Tralee or Cork to extend their deadline. This is highly unsatisfactory and I ask the Minister to drop it because it will hurt a lot of small businesses and drive them further into the ground.

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