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Finance (Miscellaneous Provisions) Bill 2020 [Seanad]: Committee and Remaining Stages (10 Dec 2020)

Seán Fleming: I thank the Deputy. Everybody is concerned about the integrity of AGMs, including proxies, timing and the secrecy of the ballot. The Deputy will be satisfied to hear that the amendment relating to ballot secrecy is not necessary as the legislation details exactly when secret ballots are required and that the board of directors of a credit union shall be elected, in any case, by secret...

Finance (Miscellaneous Provisions) Bill 2020 [Seanad]: Committee and Remaining Stages (10 Dec 2020)

Seán Fleming: We are all supportive of the credit unions and believe they will run their organisations as best they can. That is why we did not want to be overly-prescriptive by limiting proxy voting such that a proxy voter can only act on behalf of one person. I gave the example earlier of an elderly couple who want their son or daughter to represent them both at the AGM. The Deputy is suggesting that...

Finance (Miscellaneous Provisions) Bill 2020 [Seanad]: Committee and Remaining Stages (10 Dec 2020)

Seán Fleming: I thank the Deputy for proposing this amendment. It is good to tease out the issue. The decision to allow proxy voting is at the discretion of individual credit unions. If a credit union provides for proxy voting, the legislation sets the deadline for depositing an instrument of proxy. This deadline balances the needs of the member, who is an individual, and of the credit union, which has...

Finance (Miscellaneous Provisions) Bill 2020 [Seanad]: Committee and Remaining Stages (10 Dec 2020)

Seán Fleming: We are going on to Report Stage. I may be able to respond to the point then.

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: I thank the Senators for raising this issue. The Minister, the Government and I have been consistent from the beginning. This payment was taxable from the day it was introduced. It always has been. There is a mass misconception about the taxation of the payment, which has always been possible. I hope to put the record straight. People who are not watching this meeting might not get the...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: I wish to make a couple of points. The date of 5 August was mentioned because it was put on a statutory footing, but Senator Sherlock says it should be in the power of the Government to sort this out. Thank God we live in a democracy and the Government cannot do what it likes. It must go to the Dáil and the Seanad to change legislation when it affects people's income. I am worried...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: They are the words she used. She suggested the Government has the power to do this. Thankfully, the Government has no power to do it. Only the Oireachtas has the power and that is why we are here today. We do not have the power. The Government cannot unilaterally change the tax law.

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: I will repeat what was said. Senator Sherlock said the Government should have the power to do this and should have done it anyway. Thank God we do not have the power. I do not subscribe to the philosophy that a Minister can sit in Merrion Street and change people's taxation regimes without reference to this House. It is essential that no Government should have the power to do this without...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: It is the Oireachtas that makes these changes. As to suggesting that the Government has the power to do what likes on Report Stage, it does not. If the Government does not have the numbers to carry what it wants on Report Stage, it does not carry. The Dáil and the Seanad carry it. A Minister or a Government does not run this House-----

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: -----aside from the numbers voting to support a Minister's point of view. No Minister can unilaterally change anything when it comes to these taxation matters, and I say "Thank God" for that and that we have a parliament. I would not like to have the route that was suggested. It might not have been intentionally suggested, but that is what was said today. The other point I wish to make is...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: I take the Senator's clarification on what she meant. She meant the Government here in the Oireachtas tabling the recommendation. I interpreted her as suggesting the Government could unilaterally make a change by statutory instrument, through a Minister in his office. I accept she meant the Government could put it through the House because it has the numbers to do so. I take the point. I...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: By way of clarification, I listened closely to everything Senator Mullen said. From what I understand, he had a recommendation that was ruled out of order. The recommendation was effectively to insert a new section between sections 3 and 4. Section 4 is about home sharing host allowances in respect of the HSE providing a tax allowance for people looking after people in their houses so it...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: I will respond to the issue the Senator has raised. My only point was that we are on section 4. I just want people to know what we are talking about in this section of the Finance Bill. I will not read out the section in full. It amends section 192BA of the principal Act, relating to an exemption in respect of certain payments made or authorised by the Child and Family Agency. Section 4,...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: We discussed this topic on Second Stage. To briefly summarise, the help-to-buy scheme announced in budget 2017 is an income tax incentive measure designed to assist first-time buyers with a deposit required to purchase or self-build a new home or apartment to live in as their home. The relief is only available in respect of new builds with a view to increasing supply. This measure is to...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: This issue was raised previously by Senator Higgins, including last year. There is a special section within the Revenue Commissioners, known as the large cases - high wealth individuals division, deals with high wealth individuals. It is important the public knows that these individuals are not treated in the same way as any other taxpayers. There is a special section in Revenue which...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: I take on board the spirit of what the Senator said. If Revenue has more information available on the next occasion we come to deal with a Finance Bill, that information should be made available for consideration in the context of the drafting of that Bill. Given that a report was produced as recently as last year, we have the most up to date information available. The Senator's point is...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: I am aware of the matters raised by the Senators and can advise that my officials have been in touch with their counterparts in Northern Ireland on the matter. I note that the relief applies not only to persons with a UK-based employment but also for employment in the EU and countries with which we have a double taxation agreement in compliance with Ireland's treaty obligations. While it is...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: This issue came up in the Dáil after Report Stage last week and the Minister, Deputy Donohoe, gave a clear commitment that the issue of cross-Border workers would be looked at by the strategy group well in advance of next year's budget. The Minister put that on the record on Report Stage in the Dáil. It will be examined in 2021 as the situation evolves and fully considered in...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: I acknowledge the new section proposed to be inserted in the Bill. Years ago, there was such a provision but it was abolished, I think, in 2010 or 2011, following a recommendation from the Commission on Taxation that rent relief should be discontinued. The view of this independent commission was that, in the same manner in which mortgage interest relief increased the cost of housing, rent...

Seanad: Finance Bill 2020: Committee Stage (11 Dec 2020)

Seán Fleming: I will be brief. I accept that there is some contradiction in the logic on the Senator's side and ours. Previously, the logic of his point was to put money in builders' pockets, but now he wants to put money in landlords' pockets. That is a contradiction. The difference on our side was that I was in favour of helping people to buy houses. That is our priority. We are not in favour of...

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