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Estimates for Public Services 2009: Referral to Select Committee (20 Oct 2009)

Brian Lenihan Jnr: I move: That, subject to leave being given to introduce the following Supplementary Estimates for the service of the year ending on 31 December, 2009, the Supplementary Estimates be referred to the Select Committee on Finance and the Public Service pursuant to Standing Order 154(3) and paragraph (1)(a)(ii) of the Committees' Orders of Reference, which shall report back to the Dáil by no...

Vote 12 - Office of the Director of Public Prosecutions (Supplementary) (20 Oct 2009)

Brian Lenihan Jnr: I move: That a supplementary sum not exceeding €4,000,000 to defray the charge which will come in course of payment during the year ending 31st day of December 2009 for the salaries and expenses of the Office of the Director of Public Prosecutions. I am seeking a Supplementary Estimate for the Office of the Director of Public Prosecutions in the amount of €4 million. This will bring the...

Vote 12 - Office of the Director of Public Prosecutions (Supplementary) (20 Oct 2009)

Brian Lenihan Jnr: Deputy Ó Snodaigh suggested there was a great crisis. In the immortal words of one famous Irish politician, "What crisis?" The DPP is doing his job very well. In fact, he has been very successful at implementing economies in his office. I join all Members of the House in commending him on his work and the great ability he has brought to it. He is not and should not be the subject of any...

Vote 12 - Office of the Director of Public Prosecutions (Supplementary) (20 Oct 2009)

Brian Lenihan Jnr: There is no crisis in his operation. There is €4 million short in his legal fees. These could be paid next year but with prompt payment legislation in place-----

Vote 12 - Office of the Director of Public Prosecutions (Supplementary) (20 Oct 2009)

Brian Lenihan Jnr: I welcome the fact that Opposition Members support the Estimate to discharge these fees to counsel and to solicitors. However, the reality is that this has happened because there has been an unprecedented growth in the volume of criminal business before the courts. That is a testimony-----

Vote 12 - Office of the Director of Public Prosecutions (Supplementary) (20 Oct 2009)

Brian Lenihan Jnr: That is a testimony to the ability and capacity of the Garda Síochána to bring individuals to justice. The gardaí are to be commended on this. Commissioner Fachtna Murphy and his force are doing tremendous work in bringing individuals to justice.

Vote 12 - Office of the Director of Public Prosecutions (Supplementary) (20 Oct 2009)

Brian Lenihan Jnr: It is the dramatic increase in the number of cases before the courts that has occasioned this increase in legal fees. This can be illustrated by the fact that this increase has taken place notwithstanding an 8% reduction in fees. I confirm, in response to Deputy Burton's question, that the position is that this has been applied to all legal professionals. That has also taken place despite...

Vote 12 - Office of the Director of Public Prosecutions (Supplementary) (20 Oct 2009)

Brian Lenihan Jnr: -----although the director made certain comments about it at the time. We will always work in close co-operation with the director. Deputies Burton and Ó Snodaigh asked where the money was found within the group of Votes allocated to the Taoiseach so that, although there has to be a Supplementary Estimate in law because of the independence of the director, we have sufficient funds to meet...

National Asset Management Agency Bill 2009: Financial Resolution (20 Oct 2009)

Brian Lenihan Jnr: I move: THAT Chapter 3 of Part 12 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides rules for claiming corporation tax relief for losses incurred in a trade, be amended, by making provision for restricting the amount of loss relief to be claimed by participating institutions, in the manner and to the extent specified in the Act giving effect to this Resolution.

Written Answers — Tax and Social Welfare Codes: Tax and Social Welfare Codes (20 Oct 2009)

Brian Lenihan Jnr: The position is that the latest study on the question of the taxation of payments made by the Department of Social and Family Affairs was undertaken by the Commission on Taxation. The Report of the Commission sets out the results of its deliberations in Part 5, Section 3.4. However, the Report did not specify what savings for the Exchequer would be achieved as a result of implementation of...

Written Answers — Tax Code: Tax Code (20 Oct 2009)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that, given the range of information requested since 1993, they are not in a position to provide a detailed reply within the time available. Accordingly, I will have the information forwarded to the Deputy at an early date.

Written Answers — Tax Code: Tax Code (20 Oct 2009)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that they will endeavour to obtain details of pay and tax for 2008 from the former employer of the person in question and review the tax position for that year. If the taxpayer is in possession of their final payslip from that employment they should contact their local Revenue District immediately for the purposes of having a review processed.

Written Answers — Tax Code: Tax Code (20 Oct 2009)

Brian Lenihan Jnr: This question relates to potential Budgetary measures. It is the usual practice for the Minister for Finance not to speculate or comment in advance of the Budget on what it will contain and I do not propose to deviate from that practice.

Written Answers — Tax Code: Tax Code (20 Oct 2009)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that section 784C of the Taxes Consolidation Act 1997 relates to Approved Minimum Retirement Funds (AMRFs) which form part of the Approved Retirement Fund (ARF) options introduced by Finance Act 1999. ARFs and ARMFs are not pension schemes per se but rather investment funds into which the proceeds of certain pension arrangements can be invested on...

Written Answers — Financial Institutions Support Scheme: Financial Institutions Support Scheme (20 Oct 2009)

Brian Lenihan Jnr: I propose to take Questions Nos. 211 and 212 together. The terms of the Government's guarantee are laid down in the Credit Institutions (Financial Support) Scheme 2008, pursuant to the Credit Institutions (Financial Support) Act 2008. There is no provision under the terms of the Scheme for the action suggested by the Deputy in relation to art collections of covered institutions. Under the...

Written Answers — Tax Code: Tax Code (20 Oct 2009)

Brian Lenihan Jnr: I am assuming that the Deputy's query relates to the tax treatment of the Eircom Employee Share Ownership Trust on the proposed sale of Eircom. I am informed by the Revenue Commissioners that if and when the proposed sale takes place, the transaction will be dealt with in accordance with the legislation governing Employee Share Ownership Trusts in section 519 and Schedule 12 of the Taxes...

Written Answers — Social Partnership Agreement: Social Partnership Agreement (20 Oct 2009)

Brian Lenihan Jnr: The pay increases under 'Towards 2016 – Review and Transitional Agreement 2008 -2009 were as follows: · An increase of 3.5% from 1 September 2009; and · An increase of 2.5% from 1 June 2010 – except for those earning up to and including €430.49 per week (€ 22,463 per annum) on commencement of the second phase where a 3% increase will apply. The estimated cost to the Exchequer of...

Written Answers — Financial Services Regulation: Financial Services Regulation (20 Oct 2009)

Brian Lenihan Jnr: There are currently no plans to proscribe the use of commissions by financial intermediaries in Ireland. It is considered that the existing legislative protections in place for the consumer sufficiently empowers the Financial Regulator and the Financial Services Ombudsman to investigate and, if necessary, sanction any misbehaviour in relation to mis-selling of financial products or the...

Written Answers — Tax Code: Tax Code (20 Oct 2009)

Brian Lenihan Jnr: As I stated during the Finance Bill process, it has been my intention to widen if possible the tax base on which betting duty would be applied. Bets placed either on-line or over the phone are generally with out-of-State companies so applying betting duty is therefore problematic. My officials, in conjunction with the Office of the Attorney General, the Office of the Revenue Commissioners...

Written Answers — Tax Code: Tax Code (20 Oct 2009)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that the most recent estimated cost of making the main personal and PAYE tax credits refundable when they are unused would be likely to be in excess of €3 billion annually. This estimate relates only to the cost of extending refundable tax credits to all those on the Revenue's tax files. If a refundable tax credit system were to be introduced, one...

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