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Committee of Inquiry into the Banking Crisis: Context Phase (28 Jan 2015)

Kieran O'Donnell: The bank would have fitted into that category.

Committee of Inquiry into the Banking Crisis: Context Phase (28 Jan 2015)

Kieran O'Donnell: If one has a situation where one sees an institution that is expanding at such a rapid rate, what are the practical means that the regulator and the State should do at that point in time?

Committee of Inquiry into the Banking Crisis: Context Phase (28 Jan 2015)

Kieran O'Donnell: Am I correct when I say that Professor Kane believes that the regulation system should be such that it can step in prior to the bank becoming insolvent to stabilise the situation on behalf of the taxpayer?

Committee of Inquiry into the Banking Crisis: Context Phase (28 Jan 2015)

Kieran O'Donnell: It may not be what would be termed a financial technical measure of insolvency, but Professor Kane's view is that if a bank can only function based on the implicit guarantee from the State-----

Committee of Inquiry into the Banking Crisis: Context Phase (28 Jan 2015)

Kieran O'Donnell: It is a zombie bank.

Committee of Inquiry into the Banking Crisis: Context Phase (28 Jan 2015)

Kieran O'Donnell: The taxpayer needs to move in?

Committee of Inquiry into the Banking Crisis: Context Phase (28 Jan 2015)

Kieran O'Donnell: That links in. When does Professor Kane think the next crisis will emerge?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: There are a lot of good features here but I want to clarify one point. Currently under the appeals system, if someone is taking an appeal, do they have to pay the tax up front?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: The fact that the Appeal Commissioners have to report annually to the Houses of the Oireachtas is a very good feature and is to be welcomed. Why, though, are appeal hearings taking so long? The question here is whether this is about revenue collection or transparency - that cuts to the heart of it. There could be a small sole trader in business, under enormous pressure, with a practitioner...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: There would be a range of margins in certain businesses.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: The worry is that a sledge-hammer is being used to crack a nut. If there is an abuse of the system, it must be curbed. Some people may be using the system to kick the can down the road for ten or 20 years. The small shopkeeper or the small businessman will not have the resources to do this. However, he could find himself in a public hearing with his customers in attendance and it being...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: Typically, how long does a person wait for an appeal to be referred by the Revenue Commissioners and heard?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: If it is heard, how long does it take for the Appeal Commissioners to issue a finding?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: After that year, how long would it take to get a Circuit Court hearing?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: Have the public hearings and the other measures that have been brought in improved the speed of the process? I have worked with those business people and I understand the pressures they are under. Many of them would not be able to cope with public hearings. We are elected to represent all. I have major concerns that the balance would be lost. Mr. Smyth spoke about extra resources and...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: That could be overcome if the Appeal Commissioners were to make an annual report to the Oireachtas.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: I have a few quick questions. At the moment, there is no database. The legislation provides for a report to be laid before the Houses of the Oireachtas on an annual basis. Is that sufficient? What would be more useful?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: What is not provided for in the proposed legislation?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: What else is changing apart from public hearings? What negative aspects are in the legislation? Could elements be added to the legislation to enhance it?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Draft Heads of Finance (Tax Appeals Commission) Bill: Discussion (27 Jan 2015)

Kieran O'Donnell: Should there be more detailed criteria for who they are?

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