Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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57. To ask the Minister for Finance what he will do if the European Union Commission decides in the next month, as is being reported, that a company's tax dealings (details supplied) breached state aid rules; if he will recover the estimated €17 to €19 billion in unpaid corporation tax; and if he will make a statement on the matter. [17501/16]

Michael Noonan (Limerick City, Fine Gael)
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In June 2014, the Competition Directorate of the European Commission announced its intention to open formal State Aid investigations into tax rulings provided to a number of companies in various Member States of the European Union. Since October 2015, investigations in three other Member States have concluded.  In each of these cases the Commission found that the Member States granted an illegal State Aid to the companies in question.

While the Commission has opened a formal investigation in relation to one particular case involving Ireland, it has not made a final determination in the matter.  While there is no formal timeline for a when the final decision will be made in our case, I am aware of speculation about a possible decision in July.

This a priority matter and Ireland has co-operated fully with the process to date and will continue to do so.  My Department has engaged closely with the Commission throughout this process.  Detailed and comprehensive responses have been provided to the Commission demonstrating that the appropriate amount of Irish tax was charged in accordance with the relevant legislation, that no selective advantage was given and that there was no State Aid.

I remain of the view that there was no breach of State Aid rules in this case and that the legislative provisions were correctly applied.  In the event that the Commission forms the view that there was State Aid, Ireland is entitled to challenge this decision in the European Courts.  As the Government has already indicated, we will take that course of action, if necessary, to continue to vigorously defend the Irish position.  Ireland is obliged to comply with any order for recovery pending the outcome of an appeal.  As there is no indication at this point as to what decision the Commission may make,  it is not possible to speculate regarding any recovery amount.