Written answers

Tuesday, 10 October 2017

Department of Finance

European Court of Human Rights Rulings

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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37. To ask the Minister for Finance the reason the State has not collected the billions of euro due to it under a ruling (details supplied); his plans to do so; and if he will make a statement on the matter. [42743/17]

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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38. To ask the Minister for Finance if the EU is, or is threatening to, take Ireland to court to force it to collect billions of euro owed to the State under a ruling (details supplied); and if he will make a statement on the matter. [42744/17]

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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39. To ask the Minister for Finance the cost to date of advice received by his Department regarding the establishment of an escrow account in which to hold the billions of euro owed to the State as a result of a ruling (details supplied); the beneficiaries of such fees; and if he will make a statement on the matter. [42745/17]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 37 to 39, inclusive, together.

As the Deputy will be aware, on 4th October 2017 the European Commission announced its intention to refer Ireland to the European Court of Justice in respect of the recovery of the alleged State Aid. I am of the opinion that it is extremely disappointing that the Commission has taken action at this time against Ireland. My officials have been in constant contact with the European Commission on all aspects of this process for over a year.

While the Government has never accepted the Commission’s analysis in the Apple State Aid decision, we have always been clear that we are fully committed to ensuring that recovery of the alleged Apple State Aid takes place without delay and has committed significant resources to ensuring that this is achieved as quickly as possible whilst ensuring that the interests of the Irish taxpayer are adequately protected.

Officials and experts from across the State have been engaged in intensive work to ensure that Ireland complies with all its recovery obligations as soon as possible. Significant progress has been made on this complex issue and the establishment of an escrow fund, in compliance with all relevant Irish constitutional and European Union law requirements, is close to completion.

With regard to the cost of advice in relation to the recovery process, over €1 million (including VAT) has been spent by the State (including the Department of Finance, the Revenue Commissioners, the Central Bank of Ireland, the Attorney General’s Office and the Chief State Solicitor’s Office). This case has involved a significant degree of legal and technical complexity, and additional expertise has been engaged where required. As it is an important issue for the State, the recovery process will continue to be appropriately resourced.

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