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Finance Bill 2020: Second Stage (Resumed) (5 Nov 2020)

Seán Fleming: I thank the Deputies who contributed to the debate. I will respond, inasmuch as I can, in the short time available. I will make one overall point, which is that one must bear in mind that we are responding to the Covid-19 crisis, the threat of Brexit and the longer-term but not any less urgent issue of climate change and the Finance Bill must necessarily take account of all of these...

Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations 2020: Motion (3 Nov 2020)

Seán Fleming: I accept the Deputy's point. These draft regulations allow the Central Bank to use that exemption. Most importantly, they also contain safeguards to ensure the banks apply the restrictions only where necessary and proportionate to the need to safeguard specified important objectives of the general public interest pursued by the Central Bank. This has been accepted by all sides of the...

Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations 2020: Motion (3 Nov 2020)

Seán Fleming: I will respond to a couple of the points made. To provide some information, since the 2019 regulations were made, the Central Bank has received 28 subject rights requests. The regulations were applied in five of these responses. In only one case were the regulations invoked to withhold the entirety of the data request. This was a focused request for three or four specific documents and...

Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations 2020: Motion (3 Nov 2020)

Seán Fleming: I move: That Dáil Éireann approves the following Regulations in draft: Data Protection Act 2018 (section 60(6))(Central Bank of Ireland) Regulations 2020, a copy of which was laid in draft form before Dáil Éireann on 28th October, 2020. I bring this motion before the House today to seek a resolution to agree the draft Data Protection Act 2018 (section 60(6)(Central...

Seanad: Investment Limited Partnerships (Amendment) Bill 2020: Committee Stage (Resumed) (22 Oct 2020)

Seán Fleming: I welcome the opportunity to address these amendments. Interestingly, this is our third debate on Committee Stage. One Senator complained that we were not giving it enough time and said that we should not conclude it today whereas the previous speaker complained about us giving it too much time and asked whether it was a reflection of Government policy that we were spending so much time on...

Seanad: Investment Limited Partnerships (Amendment) Bill 2020: Committee Stage (Resumed) (22 Oct 2020)

Seán Fleming: This amendment relates to the manner in which a majority of limited partners shall be calculated by reference to the value of contributions made by them at the time in the investment limited partnership. The structure of the investment limited partnership is not based on one partner, one vote. That is the essence of this Bill. People can invest different amounts into an investment limited...

Seanad: Investment Limited Partnerships (Amendment) Bill 2020: Committee Stage (Resumed) (22 Oct 2020)

Seán Fleming: I am assured that permission is required from an inspector, a superintendent, chief superintendent or a higher officer in An Garda Síochána to seek the information the Deputy refers to. No sergeant or similar member of the Garda can seek the information. It must be an officer from inspector level up who seeks it. This measure does not apply to all members of An Garda...

Seanad: Investment Limited Partnerships (Amendment) Bill 2020: Committee Stage (Resumed) (22 Oct 2020)

Seán Fleming: The proposed new section 55 of the 1994 Act relates to "Unrestricted access to beneficial ownership information in central register". As the proposed new section 55(1)(a) refers to "a member of the Garda Síochána, not below the rank of inspector, who is engaged in the prevention, detection, investigation or analysis of possible money laundering or terrorist financing", the Bill...

Seanad: Investment Limited Partnerships (Amendment) Bill 2020: Committee Stage (Resumed) (22 Oct 2020)

Seán Fleming: This amendment relates to a statutory declaration that a general partner must make on a migration-out stating that it has not been notified of a resolution or other order to wind up the investment limited partnership. It seeks to add a provision that the general partner is not aware of a notification made to a limited partner of a resolution to wind up the investment limited partnership. The...

Seanad: Investment Limited Partnerships (Amendment) Bill 2020: Committee Stage (Resumed) (22 Oct 2020)

Seán Fleming: The amendment seeks to remove one element of the segregated nature of sub-funds. If accepted, it would adversely affect the segregation of liability between the sub-funds that this legislation seeks to establish. It would result in inconsistency between other investment funds' legal structures which are currently available in Ireland and it would expose investors to the risk of...

Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020 [Seanad]: Second Stage (21 Oct 2020)

Seán Fleming: I welcome the opportunity to speak on the Second Stage debate on the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020. I will deal with the other matter that is dealt with in section 6, which is not connected specifically with the mother and baby home records but it is in this legislation. At the outset, I welcome the...

Saincheisteanna Tráthúla - Topical Issue Debate: Tax Collection (20 Oct 2020)

Seán Fleming: Yes, once it is in for 10 December.

Saincheisteanna Tráthúla - Topical Issue Debate: Tax Collection (20 Oct 2020)

Seán Fleming: Absolutely.

Saincheisteanna Tráthúla - Topical Issue Debate: Tax Collection (20 Oct 2020)

Seán Fleming: I thank Deputies Ó Murchú and Mairéad Farrell for raising this issue because it is one that is very current to many small business persons and even larger businesses. The provision for tax warehousing, which is in itself a good measure, allows people time to pay on a cash flow basis at no interest in the first period. Since the outset of the pandemic, Revenue has been...

Saincheisteanna Tráthúla - Topical Issue Debate: Tax Collection (20 Oct 2020)

Seán Fleming: I will go through this because it is important. We are talking about 2019 income tax returns. It is important to put on the record that 2019 had nothing to do with Covid. These are pre-Covid liabilities due, so Covid cannot be referred to this year in respect of tax that was due in respect of last year's financial statement.

Saincheisteanna Tráthúla - Topical Issue Debate: Tax Collection (20 Oct 2020)

Seán Fleming: Yes, that is the preliminary tax for this year, 2020. I ask the Deputies to bear with me on this. If a taxpayer has underpaid his or her 2019 preliminary tax liability, the balance of income tax for 2019 cannot be warehoused. However, and this is an important "however", Revenue announced last Friday, 16 October, in its electronic brief No. 190/20, that this liability can be included in a...

Financial Resolutions 2020 - Financial Resolution No. 7: General (Resumed) (14 Oct 2020)

Seán Fleming: I understand I am sharing my time with Deputy Cathal Crowe. The impact of the Covid-19 pandemic on economic activity, in Ireland and globally, has been truly unprecedented. It has had a significant impact on the lives and livelihoods of all our citizens. Against an extraordinary and difficult backdrop, budget 2021 is framed to tackle the twin challenges of Covid-19 and a no-deal Brexit....

Financial Resolutions 2020 - Financial Resolution No. 7: General (Resumed) (14 Oct 2020)

Seán Fleming: I am not sure who is on the list.

Financial Resolutions 2020 - Financial Resolution No. 7: General (Resumed) (14 Oct 2020)

Seán Fleming: Yes, it is.

Seanad: Nithe i dtosach suíonna - Commencement Matters: Living City Initiative (8 Oct 2020)

Seán Fleming: I thank the Senator for raising this issue. As a representative of the north inner city, she has first-hand experience. She probably does not have to walk too far from her own front door to see areas that might benefit from what she proposes. I appreciate and understand that she has first-hand knowledge because she was a representative at local level. She mentioned Dublin City Council....

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