Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 85: To ask the Minister for Finance if it is the policy of the Revenue Commissioners not to prosecute financial institutions in certain circumstances in which an institution incorrectly terminates a customer attachment order; and if he will make a statement on the matter. [35008/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Revenue Commissioners are empowered under section 1002 of the Taxes Consolidation Act 1997 to attach monies due from third parties (including financial institutions) to a taxpayer in discharge of that taxpayer's unpaid tax debt to Revenue. That section sets out clear and specific obligations on a third party served with a Notice of Attachment. It also provides a comprehensive framework for the institution of appropriate proceedings by Revenue where there is a failure by any party to comply with the specific obligations that follow the serving of a Notice of Attachment by Revenue.

I am advised by the Revenue Commissioners that it is their policy to invoke the necessary legislative sanctions where there is a failure by a third party to comply with the obligations set out under s1002 of the Taxes Consolidation Act.