Written answers

Thursday, 29 November 2018

Department of Foreign Affairs and Trade

Brexit Issues

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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56. To ask the Minister for Foreign Affairs and Trade if the United Kingdom will be leaving the European Economic Area on 29 March 2019 even if the transition arrangement is agreed; and if he will make a statement on the matter. [49878/18]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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While the United Kingdom's European Union (Withdrawal) Act 2018 does not make specific provision for withdrawal from the EEA Agreement, in the accompanying Explanatory Note it is stated that "withdrawing from the EU means the UK will also cease to participate in the European Economic Area (EEA) Agreement as the UK will fall outside the geographic scope of the Agreement and will therefore no longer be a member of the EEA.”

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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57. To ask the Minister for Finance if analysis has been undertaken by his Department or by the Revenue Commissioners on the possible impact the United Kingdom leaving the European Union will have on the legislation governing the tax code and the application of the tax code; the potential legislative changes that will be required to account for this impact; and if he will make a statement on the matter. [49879/18]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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58. To ask the Minister for Finance his plans to bring forward legislation that will add the United Kingdom of Great Britain and Northern Ireland to parts of the legislative tax code that refer to member states, member states of the European Union or EEA states, in particular with regard to the Stamp Duties Consolidation Act 1999 and the Tax Consolidation Act 1997; and if he will make a statement on the matter. [49880/18]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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73. To ask the Minister for Finance the way in which section 80(10)(a) of the Stamp Duty Consolidation Act 1999 will operate once the UK leaves the EU and the EEA on 29 March 2019; if companies in Northern Ireland will no longer qualify for the provisions in section 80 of the Stamp Duty Consolidation Act 1999 after this date; and if he will make a statement on the matter. [49971/18]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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74. To ask the Minister for Finance the way in which section 615(2)(b) of the Tax Consolidation Act 1997 will operate for the purposes of capital gains tax relief once the UK leaves the EU and the EEA on 29 March 2019; if companies in Northern Ireland will no longer qualify for capital gains tax relief; and if he will make a statement on the matter. [49972/18]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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75. To ask the Minister for Finance the way in which agricultural relief from capital gains tax and stamp duty will apply for farms or agricultural land in cases in which a portion is in the territory of Northern Ireland and the other portion is in the territory of the Republic of Ireland; and if he will make a statement on the matter. [49973/18]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 57, 58 and 73 to 75, inclusive, together.

The Department of Finance has been assessing and preparing for the impact of Brexit since before the referendum on 23 June 2016. This work is being carried out within the whole-of-Government structures established by the Department of Foreign Affairs. It includes scoping legislative requirements and preparing draft legislation for all Brexit scenarios. As part of this work, the Department of Finance is working closely with the Revenue Commissioners on the implications of Brexit for the tax code to ensure that any necessary legislative arrangements are put in place. This work will be progressed as part of an overall Government legislative programme for managing Brexit.

In addition to the wider Governmental work, the Department undertakes a rolling analysis focusing on the key Brexit related policy issues, which includes taxation. The implications of Brexit on the tax code was analysed in two papers as part of the Tax Strategy Group (TSG) in 2017 and 2018. TSG 17-09 – BREXIT Taxation Issues and TSG 18-08 – Brexit.

On 25 November 2018 the European Council endorsed the Agreement on the withdrawal of the UK from the EU, and approved the Political Declaration setting out the framework for the future relationship. The Irish Government has been clear that it seeks the closest possible relationship between the EU and the UK, post Brexit, to ensure that the impact on our trade and economy is as minimal as possible.

As part of the Withdrawal Agreement, a transition period has been agreed within the context of the UK’s withdrawal from the EU, during which the EU and the UK will negotiate an agreement on their future relationship. During the transition period, the whole of the EU acquis, will apply to the UK which will preserve the status quo during that period, thus avoiding any gaps or cliff edge effects between the UK leaving the EU and the intervening period before a future relationship agreement enters into force. It is therefore not appropriate to comment or speculate on the future EU-UK relationship and its implications for taxation or indeed any specific tax reliefs.

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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59. To ask the Minister for Finance if analysis has been undertaken by his Department or by the Central Bank on the possible impact the United Kingdom leaving the European Union will have on the legislation governing financial regulation, including consumer protection and the application of that regulation; the potential legislative changes that will be required to account for this impact; and if he will make a statement on the matter. [49881/18]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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60. To ask the Minister for Finance his plans to bring forward legislation that will add the United Kingdom of Great Britain and Northern Ireland to legislation governing financial regulation, including consumer protection in cases in which member states, member states of the European Union or in a EEA state are referred to; and if he will make a statement on the matter. [49882/18]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 59 and 60 together.

The Department of Finance has been assessing and preparing for the impact of Brexit since before the referendum on 23 June 2016. This work is being carried out within the whole-of-Government structures established by the Department of Foreign Affairs. As part of this work all Departments have been tasked by the Government to rollout detailed action plans with a view to advancing, as appropriate, the mitigating measures which have been identified in the areas of their responsibility from the planning to the implementation phase.

My Department is actively engaged in this work which has intensified in recent months and is now well advanced. It includes examining relevant acts including the Financial Services and Pensions Act 2017, scoping legislative requirements and preparing draft legislation for all Brexit scenarios.

The Department is also working closely with the Central Bank on the implications of Brexit. The Central Bank have been engaged in Brexit planning since before the UK referendum. The Bank is working to ensure that financial services firms are adequately prepared to cope with the possible effects of Brexit, with as little disruption to consumers as possible.

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