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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: On a point of order, is there a copy of the opening statement? It was not circulated to the committee members and we are at a loss here. Usually we have copies.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: My apologies for interrupting. It is just that it is technical, so it is handy to have it.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: I hope our visitors find the debate on the double taxation agreements with the Isle of Man and Guernsey riveting. They are very welcome to the committee. I have a couple of questions for the Minister on the protocols in respect of both jurisdictions. The Minister mentioned that it was requested that both be dealt with by way of protocol rather than through the multilateral convention....

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: Will the Minister outline how the exchange of information will operate? What bodies are going to be responsible for exchanging information? What will the process be when one of those bodies detects or suspects incidents of tax evasion?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: I thank the Minister. He mentioned in his opening statement that, in the context of the tax strategy papers and the tax treaty policy statement that was published, there is work ongoing in respect of the aim of the Department to have double tax agreements with all G20 countries. That is not the case at present. There are four countries outstanding with which there is no double tax...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: In the context of reaching a double tax agreement with the Isle of Man, it is common for holding companies connected with Irish companies to have residency in jurisdictions such as the Isle of Man. What is the Minister's understanding of that? Why it is seen as beneficial to those holding companies and their shareholders?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: Yes. Holding companies that are connected with Irish companies are resident in jurisdictions such as the Isle of Man. It is a common feature. In the context of double taxation agreements, what is the Minister's understanding of the rationale and relevance and benefits of this practice?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: My next questions relate to the Isle of Man, Guernsey and other jurisdictions. The statistics compiled by the Department of Finance indicate there has been a sharp increase in the number of persons claiming non-domicile status in Ireland in the past two years. What is the Minister's understanding in that regard? Will these treaties have any effect on that?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: I would appreciate that. The Minister referred to the OECD BEPS process and pillars 1 and 2. I am sure he will be observing the challenges that some countries, not least the United States, face in the implementation of those pillars. It may be a challenge to get this through the US Congress, for instance. We can speculate on whether it will go through but that will be up to those at that...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: That is fair enough. Of those countries making up the critical mass, for us America is a crucial party. I want to get an accurate reflection of where the Department stands on this. Am I to take from the Minister's comments that, regardless of what America does, though the Minister believes it will progress this, we are committed to transposing BEPS pillar 2 through the European directive...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: I will focus on pillar 2 because it has been implemented through a directive at European level. Is there anything in that directive that will allow us to look at this again if America does not implement or has challenges in implementing pillar 2?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: One will not jump before the other. Both will jump at roughly the same time. That allows us to look at what the picture is.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: Absolutely.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: I agree with those points. I thank the Minister.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: I concur with what the Chair has said on this. Although the role of the Central Bank in the tracker mortgage scandal concluded a while ago we know the scandal is not over. The committee, working collectively with all its members, has done a good bit of work on trying to shed a light on this and pushing those organs of the State that also failed customers in this regard. When people turned...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: The Minister can get involved in cultural decisions. Can I make this point?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: My apologies. I will come back in.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: What role does the Minister have in the reappointment of the directors of AIB at the AGM?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Double Taxation Agreements: Discussion (29 Jun 2022)

Pearse Doherty: Is it not the case that the Minister has the majority say in respect of the appointment of directors of AIB?

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