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Department of Finance (23 Mar 2011)

Brian Lenihan Jnr: I wish we all were.

Department of Finance (23 Mar 2011)

Brian Lenihan Jnr: What is the timescale for the legislation? I welcome the appointment of two Cabinet Ministers at the Department of Finance. However, my principal concern is with the Department itself and the transferability of staff within the Department. We will be left with two very small Departments when one Department has been divided in two. The number of public servants of high quality will...

Order of Business (22 Mar 2011)

Brian Lenihan Jnr: When does the Government propose to publish its legislative programme?

Written Answers — Departmental Staff: Departmental Staff (1 Feb 2011)

Brian Lenihan Jnr: The Government is committed under the National Recovery Plan to reducing the size of the civil and public service and to ensuring staff resources are used more efficiently through the implementation of new business processes and redeployment of surplus staff to areas of critical need. In this regard over 500 staff have already been redeployed from other Government Departments and Offices to...

Written Answers — Tax Collection: Tax Collection (1 Feb 2011)

Brian Lenihan Jnr: I have been advised by the Revenue Commissioners that they have no record of receipt of an application for a tax rebate from the person concerned. They are writing to the person concerned in relation to the matter and on receipt of a reply necessary reviews will be carried out and any tax overpaid will be refunded.

Written Answers — Tax Collection: Tax Collection (1 Feb 2011)

Brian Lenihan Jnr: Under the gross roll-up regime introduced in Finance Act 2000, investments in life assurance policies may accumulate without the imposition of tax. However, an exit tax applies to the income or gains arising when a chargeable event occurs, such as the receipt of payments from, or the disposal of investments in a life policy, or the ending of each 8-year period following the acquisition of...

Written Answers — Tax Code: Tax Code (1 Feb 2011)

Brian Lenihan Jnr: Section 23 of the Finance Bill 2011 as passed provides for the progressive restriction and eventual abolition of the use of accelerated capital allowances under the various property and area-based tax incentive schemes. This includes the scheme for qualifying residential units associated with registered nursing homes. At the time of the Budget last December I undertook to have an...

Written Answers — Banks Recapitalisation: Banks Recapitalisation (1 Feb 2011)

Brian Lenihan Jnr: On 23 December 2010 an application was made to the High Court for a Direction Order under section 9 of the Credit Institutions (Stabilisation) Act 2010. No additional applications have been made under the Act since that date. The power to apply to the High Court for a Direction Order will remain in place until 31 December 2012, as provided for in the Credit Institutions (Stabilisation) Act...

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: I thank the House for its consideration of this Bill, which is important. When discussions took place last Monday in my Department about the progress of the Bill, my party and the Green Party, which I fully acknowledge was outside government, insisted upon the Seanad sitting on a Saturday. That was important because it meant the debate in the Seanad was not truncated to one day in its...

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: There have been many reports down the years but no action. Seanad reform will now take place and the public will not tolerate a party which enters government and dishonours its word on this particular subject. That is my view and it is something that faces us all. I have commented on this in recent days when I was free to comment on a leadership issue. The House will have to be...

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: The only merit I see in this recommendation is that it would delay the general election by a number of weeks. The recommendation is clearly not a money Bill recommendation. That has been clear since this morning. That is not a matter for the Chair in this House. The Ceann Comhairle would have to make a ruling on that in due course because he determines that particular issue by way of...

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: It must go before the House as a recommendation.

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: I did not say that, but there are important implications about whether a Bill is a money Bill. If a Bill is a money Bill, the President is obliged to sign it. If the Bill is not a money Bill, the President can refer it to the Supreme Court for advice on constitutionality. Therefore, there is a significance in respect of a money Bill outside this House. It is clear, from the point of view...

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: I will discuss the matter with my officials. We have not taken the formal view of the Attorney General.

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: This is a highly technical issue. Senator Regan suggests there is a retrospective aspect to revising the basis on which the relief is granted for companies already eligible for relief in respect of a trade set up last year or a previous year. I would not accept that this is the case as the changes apply only for accounting periods in the future. Companies which began a qualifying trade in...

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: The main burden of Senator Regan's party's criticism of the Finance Bill has been that it has not done enough to focus on jobs. In fact, the proposal as formulated does just that because it states that in future, the relief can be claimed where a job creation element is involved.

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: There now is mutual comprehension between Senator Regan and I but I do not accept it is retrospective to change the terms in the future to give a greater employment focus on the relief.

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: The effect of the recommendation would be to reverse the income tax and universal social charge measures taken in the budget. Were the recommendation to be accepted by Dáil Éireann, its impact would be that the social charge would not be in operation and there would be a substantial loss of revenue to the Exchequer. This country would not be able to fund itself and it would not be...

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: We do not know yet whether this is part of "The Late Late Show" doctrine and whether the Labour Party would change the measure if elected to office. We know it will not reverse anything that has happened to date, despite all the many eloquent-----

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Brian Lenihan Jnr: It has been confirmed by Senator Bacik's party on a television programme that there will be no changes to any of the expenditure reductions or tax impositions of the Government. The jury is out on this issue. Judging by what Senator Bacik says, the Labour Party will be repealing the measure, thereby causing a substantial loss of revenue to the State. I wait to see the Labour Party do that.

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