Government amendment No. 21: In page 16, after line 33, to insert the following: "Taxation of chargeable gains31. (1) Sections 617 and 631 of the Taxes Consolidation Act 1997 shall not apply to any transfer to, or vesting in, an energy company under section 26(a) and Schedule 3. (2) Section 623 of the Taxes Consolidation Act 1997 shall not apply where, on a disposal of an energy company in accordance with section 30, the energy company ceases to be a member of a group of companies (within the meaning of section 616 of that Act) of which BGÉ is a member.".This amendment relates to a taxation matter and is designed to avoid a potential anomaly in the treatment of capital gains tax on the proceeds of the sale of Bord Gáis. Under existing tax rules, the pre-sale of its energy assets by Bord Gáis into a subsidiary energy company, as provided for in the Bill, will automatically be subject to relief from capital gains tax under section 617, dealing with group relief provision, of the Taxes Consolidation Act 1997. However, when the subsidiary is subsequently sold, a degrouping charge is automatically triggered under section 623 of the 1997 Act and the capital gains tax liability falls upon the subsidiary at the point of sale completion rather than on Bord Gáis. This essentially means that the liability would fall on the purchaser rather than the seller, which would be most unusual. The amendment is structured specifically to disapply the group provision for the pre-sale restructuring to provide absolute clarity that Bord Gáis will be liable for all capital gains tax relating to the restructuring of the energy business. This will provide clarity for all parties to the sale and ensure the appropriate capital gains tax is paid to the Revenue Commissioners. My Department consulted with the Department of Finance and the Office of the Attorney General on the drafting of this amendment. I am satisfied it ensures the best outcome for the Exchequer.