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Public Accounts Committee: Business of Committee (7 Nov 2019)

Seán Fleming: ..., dated 14 October. The letter responds to our request for information on fees paid to barristers. We agreed to note and publish this two weeks ago. This concerns fees paid in respect of the Apple case. We held it over because Deputy Kelly, who raised this matter, was not here. Members will want to discuss this.

Public Accounts Committee: Business of Committee (10 Oct 2019)

Seán Fleming: ...and retention schemes; the timetable agreed with the Central Bank and European Central Bank on the exchange of promissory notes for debt on the open market; details regarding gross national debt; how Apple records the escrow fund in its annual accounts, which we had dealt with just before the summer; clarification on the NTMA's policy with regard to investment in nuclear weapons; and the...

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Seán Fleming: ...to comment. Are there service level agreements or other agreements in place between the Department, which will be taking the lead on this, and its European counterparts? Ireland is fighting the Apple case and, regardless of who wins or loses, it is a moot point as to who will get to divvy up the money. It will not necessarily all come to Ireland. Similarly, if the DPC takes a case,...

Public Accounts Committee: Business of Committee (19 Sep 2019)

Seán Fleming: Even in the cases where the SCA does the work, they have to reimburse the agency, as the HSE does every year. The State in taking the Apple case to Europe, for example, will not be covered by the agency. That will come out of the Vote of the Department of Finance. Is the Deputy with me? It is not a public liability case. For example, where the Department of Employment Affairs and Social...

Public Accounts Committee: Business of Committee (19 Sep 2019)

Seán Fleming: ...complain they do not send them in to us on time and when they lodge them, we should at least acknowledge it. They are the National Pension Reserve Fund Commission, clear audit opinion; the Ireland Apple escrow fund account on which we had a detailed discussion with the Department of Finance before the summer break, clear audit; the Irish Blood Transfusion Service, clear audit opinion; the...

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General
Chapter 21 - Accounts of the National Treasury Management Agency
National Treasury Management Agency Financial Statements 2018
(4 Jul 2019)

Seán Fleming: ...of the national debt of Ireland, the Post Office Savings Bank Fund, the State Claims Agency, the Dormant Accounts Fund, the Ireland Strategic Investment Fund, ISIF and the NTMA's management of the Apple escrow account. These are the type of issues that will arise. I call the Comptroller and Auditor General to make his opening statement.

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General
Chapter 21 - Accounts of the National Treasury Management Agency
National Treasury Management Agency Financial Statements 2018
(4 Jul 2019)

Seán Fleming: ...take a five-minute break between sessions. I have some questions for the witnesses based on the information provided. I thank them for the very professional and helpful presentation. On the Apple escrow account, the three fund managers involved - Amundi, BlackRock and Goldman Sachs - are based in Paris and London. If one of them underperforms, are there criteria to reduce its...

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General
Chapter 21 - Accounts of the National Treasury Management Agency
National Treasury Management Agency Financial Statements 2018
(4 Jul 2019)

Seán Fleming: On the escrow account, the agent and custodian is the Bank of New York Mellon which is based in London. Some €14.285 billion was put into the fund by Apple Sales International. The Comptroller and Auditor General carried out an audit on behalf of the Minister for Finance and the State. Presumably, Apple Sales International carried out an independent audit of the fund at the end of...

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General
Chapter 21 - Accounts of the National Treasury Management Agency
National Treasury Management Agency Financial Statements 2018
(4 Jul 2019)

Seán Fleming: The fund of €14 billion was deposited in an escrow account by Apple Sales International to be held for it and the State. The NTMA looks after the fund for the Minister for Finance and the Comptroller and Auditor General audits it to provide reassurance for the Minister and the committee that everything is okay. I presume Apple has done the same. Was there a joint audit? There must...

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General
Chapter 21 - Accounts of the National Treasury Management Agency
National Treasury Management Agency Financial Statements 2018
(4 Jul 2019)

Seán Fleming: What is the line of communication between Apple Sales International and the NTMA? Is there a line of communication?

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General
Chapter 21 - Accounts of the National Treasury Management Agency
National Treasury Management Agency Financial Statements 2018
(4 Jul 2019)

Seán Fleming: The amount of money is so large that the Committee of Public Accounts could do with reassurance from the Apple-Ireland committee that it has seen the audit report from both sides. We presume they are identical but we would like to verify that.

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General
Chapter 21 - Accounts of the National Treasury Management Agency
National Treasury Management Agency Financial Statements 2018
(4 Jul 2019)

Seán Fleming: No, Apple must have done an audit on this escrow account.

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General
Chapter 21 - Accounts of the National Treasury Management Agency
National Treasury Management Agency Financial Statements 2018
(4 Jul 2019)

Seán Fleming: Apple has not done an audit.

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General
Chapter 21 - Accounts of the National Treasury Management Agency
National Treasury Management Agency Financial Statements 2018
(4 Jul 2019)

Seán Fleming: Does Apple plan to do an audit?

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General
Chapter 21 - Accounts of the National Treasury Management Agency
National Treasury Management Agency Financial Statements 2018
(4 Jul 2019)

Seán Fleming: We do not want to hear in two years' time that Apple is not satisfied with something after the NTMA has said everything was in order. Apple may have a different view, although I presume it takes a view that is identical to that of the NTMA.

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 7 - Office of the Minister for Finance
Chapter 1 - Exchequer Financial Outturn for 2017
Chapter 22 - Irish Fiscal Advisory Council
(30 May 2019)

Seán Fleming: ...but I find that they are a great help when it is not needed but once the game is on, they are up in the stand. I am sorry for insulting the whole lot of you. When did the funds land in the Apple escrow account? Was it 12 months ago?

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General and Appropriation Accounts (Resumed)
Vote 3 - Office of the Attorney General
Vote 5 - Office of the Director of Public Prosecutions
Vote 6 - Office of the Chief State Solicitor
(7 Feb 2019)

Seán Fleming: Has the CSSO advised the State on the Apple case at the European Court of Justice?

Public Accounts Committee: 2017 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 9: Office of the Revenue Commissioners
Chapter 17: Revenue's Progress in Tackling Tobacco Smuggling
Chapter 18: Management of High Wealth Individuals' Tax Liabilities
Chapter 19: Corporation Tax Losses
(15 Nov 2018)

Seán Fleming: That is good. That is the predictions issue. We now turn to the Revenue letter regarding corporation tax. I have a few points. Has Revenue got all the Apple money in the escrow account? Could Mr. Cody tell us what is in that?

Finance Bill 2018: Second Stage (Resumed) (24 Oct 2018)

Seán Fleming: ...on in the commission over several years. One involves €138 million and the two others involve €120 million each, a total of €360 million. We do not have an expected date as to when these cases might be concluded. There is no guarantee but there should be a target date. This is not the Apple money in the escrow account but other significant domestic cases. Again,...

Public Accounts Committee: Business of Committee (31 May 2018)

Seán Fleming: The final item of correspondence is No. 1345C from Mr Pat Leahy in the Department of Finance. He has provided an update to the committee on the Apple escrow account. He has said that €1.5 billion has been received recently and the Department expects €13 billion. It is a very short report. We asked for an update on the Apple escrow account. The Department of Finance has...

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