John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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Question 22: To ask the Minister for Finance his views on the inequity between licensing laws governing pubs, in which a fee is charged based on the turnover of the premises, and licensing laws governing supermarkets and other outlets, in which a flat fee is charged based on this; his plans to introduce any changes to the licensing laws; and if he will make a statement on the matter. [7143/11]

Michael Noonan (Limerick City, Fine Gael)
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It is assumed that the Deputy is referring to the annual alcohol excise licence fees payable by the on- and off-trade respectively. In that context it has to be recognized that the main Exchequer receipts for the sale of alcohol arises from excise on alcohol products, which for example yielded €968m in 2009, compared to a yield of around €13.6m in respect of all alcohol excise licence fees.

Off-licence owners require a licence for each type of alcohol they sell, for each premises. Excise duty on off-licences is currently set at €500 each per licence for a beer, wine or spirits off-licence, having been increased in recent years. This means that a typical off-licence premises, including a supermarket, offering the full range of alcoholic beverages for sale will have three off-licences and will be paying €1,500 per annum in duty.

Pubs have a graduated licence duty fee structure based on turnover ranging from €250 to €3,805 (total of 6 bands). However, over 70% of pubs fall within the two lowest bands and pay excise duty of €505 or less. Some 85% of pubs pay annual licence fees of €1,140 or less – i.e. well below the usual full off-licence trader at €1,500 per annum. Indeed only around 10% of pubs pay licence fees that are clearly above those of off-licence traders, but the amounts involved are minor compared to the overall tax take otherwise from alcohol. The average licence fee paid by the on-trade is around €778.

It is difficult, therefore, to accept that there is a great deal of inequity in the present arrangements.

Micheál Martin (Cork South Central, Fianna Fail)
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Question 23: To ask the Minister for Finance his plans to hold a referendum to protect the rights of citizens to communicate in confidence with public representatives and if he feels this is still appropriate following the publication of the Moriarty report. [6662/11]

Michael Noonan (Limerick City, Fine Gael)
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As the Deputy may be aware, the Programme for Government contains a commitment to a referendum to protect the right of citizens to communicate in confidence with public representatives. In addition, there is a commitment that we will legislate and change Dáil standing orders to ensure the absolute confidentiality of information entrusted to members of the Dáil by their constituents or informants, and ensure that such information cannot be compulsorily disclosed through the legal process except with the consent of the informant. The Minister for Public Expenditure & Reform is currently developing proposals to meet these commitments, having regard for a range of issues including the Moriarty Report.