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Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Subsection (13) is similar to the provision on the pension contribution. It will be of a similarly comprehensive character.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I move amendment No. 33: In page 12, subsection (1), line 12, to delete "circular," and substitute "circular or".

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I move amendment No. 34: In page 12, subsection (1), line 17, after "Minister" where it firstly occurs to insert "of the Government". The purpose of this amendment is to clarify that the reference to "that Minister" does not refer to the Minister for Finance but to the Minister of the Government referred to earlier in the subsection. It is a technical amendment.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Not being the Minister for Health and Children. We are not going to amend that now. It is all right.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I move amendment No. 36: In page 12, subsection (5), line 33, to delete "(12)" and substitute "(16)".

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Yes, the Attorney General took considerable pains in the drafting of this legislation and was especially anxious to ensure the robustness of these two sections.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: One of the reasons for inserting the recitals after the Long Title was to confirm the importance and gravity of the position that justified the Government's taking the step of dispensing with legal rights. If the Deputy reads the Long Title he will see that the pension levy is not as directly related to the emergency as the other powers.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I move amendment No. 37: In page 12, lines 37 and 38, to delete "any person from whose remuneration" and substitute "the remuneration of a person in respect of which". The purpose of this amendment is to ensure that a person is not subject to a deduction under section 2 and under section 9 or 10 in respect of the same payment.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: An example would be a coroner who is also a general practitioner.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: A person who pays the pension deduction but might also be captured as a fee for professional services.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I move amendment No. 40: In page 12, subsection (1)(b), line 45, after "Minister" to insert "for Agriculture, Fisheries and Food". The purpose of this amendment is to clarify that the reference is to the Minister for Agriculture, Fisheries and Food and not the Minister for Finance.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I am in possession of the Bill.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: The Deputy wants the Minister for Agriculture, Fisheries and Food to speak.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: The debates are in the public domain. The word "specified" is used in the legislation because the dates are not set out in the legislation but it is intended that 40% will be paid on the enactment of this legislation, 40% in January 2010 and 20% in January 2011. Since 40% will be paid on the enactment of this legislation that might give Members opposite, who have turned up in such large...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I am not giving any such assurance this evening because the Minister is engaged in negotiations. I would not dream of giving such an assurance in the House on a sensitive matter like this, but I am sure the Minister will progress matters to the best of his abilities. We must progress these matters. Deputy Bruton speaks regularly about the need for proper control of public expenditure. The...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: One of the decisions the Government has taken on expenditure control is the cash limiting of demand-led schemes. There are many businesses which face legislative obligations which must discharge the expenditure to perform their legislative obligations out of their own resources. The State rightly, but generously, provided for a contribution towards this and the reality is the sums expended...

Written Answers — Financial Institutions Support Scheme: Financial Institutions Support Scheme (25 Feb 2009)

Brian Lenihan Jnr: The product in question is not covered by the Bank Guarantee Scheme. It is not a deposit product; returns are based on movements in the equity market and investors are not entitled to compensation for any losses incurred.

Written Answers — Tax Code: Tax Code (25 Feb 2009)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that in the circumstances outlined, a person's share of a gain arising on the sale of a jointly-owned house, including gardens and grounds up to one acre which he has occupied as his only or main residence throughout his period of ownership, is generally exempt from capital gains tax (this exemption is commonly referred to as "principal private...

Written Answers — Tax Collection: Tax Collection (25 Feb 2009)

Brian Lenihan Jnr: The day-to-day responsibility for collection of taxes and duties payable to the State rests with the Revenue Commissioners. I am advised by the Revenue that they are determined to maintain the high levels of compliance achieved over the last several years notwithstanding the more difficult economic circumstances in which businesses are now operating. Revenue expects that businesses organise...

Written Answers — Tax Collection: Tax Collection (25 Feb 2009)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that Deposit Interest Retention Tax (DIRT) at the rate of 23% for 2009 (20% for 2008) is deducted from interest earned on most deposits held in financial institutions such as banks, building societies, post office savings bank and credit unions. A person or his/her spouse can claim a repayment of DIRT if the following conditions are satisfied: he/she...

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