Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I thank the Senator for his comments on the amendment. I will deal with the amendment first before responding to the Senator's points.

I understand what is behind the amendment, which proposes the making of a report for laying before the Houses. I reassure the House that it is my intention to lay a post-enactment scrutiny note 12 months after the enactment, in line with Standing Orders. It is now normal procedure that within 12 months of legislation being passed, post-enactment scrutiny would be published. I contend the good intention in the amendment has been taken care of by Standing Orders in situ.

I will outline our commitments on international tax and where Senators can find regular updates in that regard. The OECD BEPS project developed 15 actions designed to equip governments, in domestic and international rules and instruments, to address tax avoidance, ensuring that profits are taxed where economic activity generating the profits is performed and where value is created. That process is ongoing and most people would be surprised if the BEPS process was completed in a 12-month period. Ireland has very strong views and we do not see some of the proposals as being in Ireland's interest. It will be a long time before we get to the OECD BEPS guidelines being enacted. It will not happen in the next 12 months but we will have that other report.

On the domestic level, the corporation tax roadmap, which was published in September 2018, outlined the actions Ireland would take and significant measures were delivered in the Finance Act 2019. An update of Ireland's corporation tax roadmap will be published in the weeks ahead, reflecting on the significant progress we have made and considering the future actions that may be required to ensure Ireland's tax system meets the international standard. The updated corporation tax roadmap will also provide an opportunity to reflect on the evolving international tax environment and the important work that continues at OECD level. Accordingly, due to the upcoming publication of the update to the corporation tax roadmap and the commitment to a post-enactment scrutiny within 12 months, I will not be accepting the amendment. Both matters have been reasonably dealt with.

As we all know, it was agreed by the Oireachtas that there was no requirement for pre-legislative scrutiny with this Bill. The matter was dealt with earlier this year by the Minister, Deputy Donohoe. It was sought but Oireachtas committees had not been put in place during the summer, so it was not possible to have such pre-legislative scrutiny.With regard to a related matter that has been raised, it is important that I put it on the public record that the original iteration of this Bill, which eventually went through the Lower House in 2019, was the investment limited partnership and Irish collective asset-management vehicle (amendment) Bill 2017. An issue was raised about who would have participated in the pre-legislative scrutiny at that stage. It is very important that I put this on the public record. On 20 November 2017, the Minister for Finance, Deputy Donohoe - no one else - wrote to the Oireachtas joint committee of Deputies and Senators specifically on that legislation to say that officials from the Department would be available to meet the committee to clarify further the provisions of the Bill and to ask for the committee to come back on pre-legislative scrutiny. Two months later - and I am aware it was over the Christmas period - on 7 February 2018 the Oireachtas joint committee wrote back to Department of Finance on a number of issues. Under No. 3, pre-legislative scrutiny, four items were mentioned. The committee, which was made up of Deputies and Senators, wrote to the Department regarding the first format of the Bill to say it would not undertake scrutiny of the investment limited partnership and Irish collective asset-management vehicle (amendment) Bill 2017. It was a decision of the joint committee to not undertake pre-legislative scrutiny. They were offered it and they were told the officials would be available. The joint committee in the last Oireachtas chose not to do it. There was no pre-legislative scrutiny. Nobody involved in the Oireachtas up to now or at the moment was ever involved in any pre-legislative scrutiny on this issue because of a decision made by an Oireachtas joint committee, rather than by the Department, the Minister and the Government. A committee of Deputies and Senators chose not to do it. I genuinely hope this fully updates the record of the House on the question of pre-legislative scrutiny. During the course of the summer of this year, when the committees had not yet been populated, the House decided not to have pre-legislative scrutiny on this occasion. On the basis of the points I have already covered, I am not in a position to accept this particular amendment today.