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Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: It is normal for a Taoiseach on the centenary of his birth. No exception would or should be made for Mr. Haughey.

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: I needed to resign when I became a Minister of State. Like Deputy Burton, I welcome the clarification regarding cultural services. As we know, all of the principal cultural institutions and many of the buildings run by the Office of Public Works are free of entry charges. Some places have an entry charge where it acts as a rationing mechanism or there is a high level of foreign visits....

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: On a point of order, to which section is the Deputy referring?

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: It relates to no section of the Bill.

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: The immediate matter raised by Deputy Burke relates to income tax and corporation tax in sections of the Bill which were dealt with this morning. However, I will convey the Deputy's comments to the Minister. I thank him for his camaraderie in the Seanad and the Dáil. I deeply appreciate his recognition of the work we are doing on flood relief in Galway and which will continue under the...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: I will explain the purpose of the section. Paragraph (c) replaces paragraph 10(1) of the schedule relating to VAT exemption for certain types of gambling by inserting a new subparagraph (1A). This new provision includes within the current VAT exemption bets and commissions that have been made subject to excise duty by a separate provision of this Bill in section 46. The bets and...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: I did not have an opportunity to speak after Deputy Liz McManus, who made a rather valedictory speech on the previous section. I pay tribute to her service to the House-----

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: -----and to Irish politics. She made a particular contribution to the development of Labour Party health policy. One of the things I will be interested to observe in the future - Fine Gael has a similar policy - is how such a system can be successfully superimposed on the present structure and what sort of vested interests will be encountered along the way. While I am on the subject, I...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: I will not go on too long. The Leas-Cheann Comhairle need not worry.

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: Six months should be adequate to enable any instrument to be executed. By reference to experience when stamp duty was changed in the past, the six-month period may be considered generous. Six months is an adequate period in which to formalise conveyances. Deputy Ciarán Lynch talked about the affordable homes initiative and the rise in house prices. There were efforts in the late 1990s,...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: -----and nearly all of us were highly indignant at his interference in our sovereign affairs. This may have contributed to the loss of the first Nice referendum. However, I am afraid the Commissioner was right and the Minister and most of the rest of us were wrong. Deputy Hayes made an oblique reference to a former Deputy, and Minister, Mr. Michael McDowell, on the subject of stamp duty....

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: To return to the practical point, the problem is that if one makes a radical change to stamp duty - in this case, reducing the rate to 1%, or 2% above a high threshold - one can always say that it creates some inequities, looking back. Is that an argument that one can never change anything? Any reduction in tax will feel inequitable to those who paid more previously. It is a difficult...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: The imposition of taxation is always prospective. Likewise, reliefs and concessions should be prospective as special circumstances dictate. Otherwise, if a concession were to be granted, it would serve as a precedent every time stamp duty or any other event or transaction tax such as capital gains tax or capital acquisitions tax were to be changed. That is the reason why there would be...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: We do not have any information on that at the moment.

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: I move amendment No. 91: In page 201, before section 61, to insert the following new section: 61.—(1) The Principal Act is amended by substituting the following for section 106B: "106B.—(1) In this section 'housing authority' means— (a) a housing authority, within the meaning of the Housing Acts 1966 to 2009, in connection with any of its functions under those Acts, or (b) the...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: This section corrects unintentional drafting errors in sections 89(4), 102A(2) and 104(3) of the Capital Acquisitions Tax Consolidation Act 2003. Section 89(4) of the Act provides for a clawback of agricultural relief where agricultural property is disposed of within six years of acquiring a gift or an inheritance and is not replaced within one year of the disposal by other agricultural...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: This is only correcting very minor points. It is crossing t's and dotting i's so a particular date will not be taken from a pedantic legal point of view as not being covered by the legislation. There are no implications except those that apply at precedent. This section is required because the Revenue Commissioners received counsel's opinion in a case involving a clawback of the capital...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: I move amendment No. 92: In page 205, subsection (1), lines 26 to 29, to delete paragraph (c) and substitute the following: "(c) as if, in the definition of "threshold amount" in paragraph 1 of Part 1 of Schedule 2, the consumer price index number for the year 2009 applied to gifts and inheritances taken in the year 2011.". This amendment corrects a drafting error in section 65(1)(c) of the...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: We are talking about income tax.

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: These amendments relate to section 66, which brings forward the pay and file date in respect of gifts and inheritances from 31 October to 30 September. Section 46(2)(a) of the Capital Acquisitions Tax Consolidation Act 2003 provides that where the valuation date in respect of a gift or inheritance arises in the period from 1 January to 31 August in a year, tax must be paid and a return must...

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