Seanad debates

Tuesday, 4 October 2016

European Commission Decision on State Aid to Apple: Statements

 

2:30 pm

Photo of Kieran O'DonnellKieran O'Donnell (Fine Gael) | Oireachtas source

I am talking about a specific issue. This issue will come down to the question of selectivity and whether Apple was given selective treatment on a particular issue. The answer is "No". It was open to any company to avail of the same tax laws that were in operation at that particular moment in time.

I worry about the fact that the common consolidated tax base, which has been mooted for several years, is coming up on the radar again. I worry that it could be used as a Trojan Horse to get at our 12.5% rate. I welcome the fact that the European Commission has stated that our 12.5% rate is not under attack but I would be vigilant on the common consolidated tax base because it is such a complicated and convoluted proposal that, while the 12.5% rate might remain, in practical terms it could be eroded.

I was watching the BBC on Sunday and saw Theresa May speaking at the Conservative Party conference about Brexit. It is not in Britain's interest not to be part of the Single Market and it certainly is not in our interest. I welcome the fact that the Taoiseach has today set up an all-Ireland dialogue on the matter. Northern Ireland and the Republic have far more in common on this issue than they have differences. We should work together on a cross-party basis and I ask all parties to engage because it is in the interests of all of us to protect our vital trade links, our common travel area and the open Border.

I think the European Commission has got this wrong, though I accept there is a need for certainty in the way multinational companies are taxed worldwide. That is happening with BEPS and, in respect of our own situation, the double Irish is no longer in place.We have the knowledge box, which is very beneficial. We, as a country, cannot take responsibility for differences in tax laws worldwide. We can only apply our own tax laws. One could equally make the case that other countries should have changed their own tax laws. I very much support the appeal in the Apple case. Ireland needs certainty over how we tax companies. The rate of 12.5% is sovereign. With regard to the key issue of selectivity, it will be found that Apple was not given a selective agreement and that it was open to any company worldwide to apply for it in Ireland.

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