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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: I am asking about the mismatch when Ireland is dealing with other countries. To take the Apple case, there is a mismatch of international tax legislation. Does Dr. Stewart believe that these proposals would do anything to change that?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Yes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: How does he see that happening?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Yes, but not with a third country.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Correct.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: So, it does not solve that problem. To stick with the Apple case, obviously the law has changed here since then but in terms of the major international mismatch, a lot more work has to be done to solve that, rather than narrowly focusing on one EU proposal.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Finally, I have a question for Mr. Keegan. When we hear the term "deals" being used in the media, very loosely in some cases, with regard to the Apple case, does that compromise Revenue's authority to issue advance opinions? Obviously investors and taxpayers need to rely on advance opinions, in terms of their interpretation of the law and in terms of certainty.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: When Commissioner Vestager appeared before this committee, she insisted that the sovereignty of this country was not being watered down by her decision to impose state aid rules and to take this case. She was very clear that the Commission was not encroaching on our laws. Is there anything in the various tax consolidation Acts that can be used to collect this tax from Apple?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: I heard a tax expert on radio recently who said that the company submitted its tax return in compliance with the law and that in this case there was also an advance opinion to back that up. The Commission is using state aid rules as a vehicle to collect this tax. Is that correct?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: That is a very clear case of the Commission superseding Irish tax law, in the context of the method being used to collect the tax.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: It is unprecedented in terms of tax in Ireland too.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: Finally, how does Mr. Keegan see the BEPS process working in terms of the exchange of information? I ask Mr. Keegan to comment on the fact that Ireland is undertaking a corporate tax review, as announced in the budget. I also invite him to comment on the loopholes that have been closed off, including the so-called double Irish relating to stateless companies that are incorporated within the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Investigations into Tax Rulings (resumed) (7 Feb 2017)

Peter Burke: I thank all the witnesses for taking the time to respond to the committee and for interacting with the members. I thank the committee secretariat for the work they do.

Order of Business (7 Feb 2017)

Peter Burke: I ask the Taoiseach for an update on the Companies Accounting Bill 2016. This is very urgent legislation and, considering the backdrop of Brexit, there are a substantial number of businesses looking to avail of the financial reporting standard, FRS 105, which is a small provision for smaller entities. It is very urgent and needs to go through the House.

Written Answers — Department of Health: Air Ambulance Service Operations (7 Feb 2017)

Peter Burke: 427. To ask the Minister for Health the number of incidences recorded over 2014 and 2015 in which the air ambulance landed at a location (details supplied) to assist persons to the relevant emergency departments; and if he will make a statement on the matter. [5700/17]

Written Answers — Department of Health: Medical Card Reviews (7 Feb 2017)

Peter Burke: 438. To ask the Minister for Health if he will re-examine an application regarding a review of a medical card for a person (details supplied). [5729/17]

Written Answers — Department of Transport, Tourism and Sport: Road Projects Status (7 Feb 2017)

Peter Burke: 641. To ask the Minister for Transport, Tourism and Sport the status of the N5 Ballaghadereen to Scramogue project; if the necessary capital funding has been allocated to this project; and if he will make a statement on the matter. [5699/17]

Written Answers — Department of Health: Medicinal Products Licensing (2 Feb 2017)

Peter Burke: 264. To ask the Minister for Health if Ireland can now reassess its position with regard to supplying Ampligen for patients suffering from myalgic encephalomyelitis, ME, due to the distribution of Ampligen by countries in Europe (details supplied) under the early access programme; and if he will make a statement on the matter. [5111/17]

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: European Commissioner for Competition (31 Jan 2017)

Peter Burke: I thank the Commissioner for attending the committee. First, it is important we point out that Ireland is an active participant in the base erosion and profit shifting project and we have abolished the double Irish and the notion of stateless companies. Therefore, huge efforts have been made under the tax code over the past number of years. If the Government did not appeal the Apple tax...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: EU State Aid Rules - Investigation into Preferential Tax Rulings: European Commissioner for Competition (31 Jan 2017)

Peter Burke: The money could not be utilised or collected by the Government in the interim.