Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 10 Mar 1949

Vol. 114 No. 8

Supplementary and Additional Estimates, 1948-49. - Vote 75—Repayments to Contingency Fund.

I move:—

That a sum not exceeding £7,463 be granted to defray the Charge which will come in course of payment during the year ending 31st March, 1949, for the repayment to the Contingency Fund of certain Miscellaneous Advances.

If Deputies will look at the Estimate, they will find that three items are detailed, the smallest of these being the triplets bounty. The other two have reference to stamp duties remitted on certain deeds. Where there are deeds or other instruments, leases or conveyances, in transactions on behalf of public departments, under the law, certain payments must be made. These payments are made, and it is merely a transfer from one section to another. The ordinary way in which it is done is that the payments are made out of the Contingency Fund and met in this way. It is a remission of stamp duty in relation to public departments.

The second item deals with the remission of stamp duty on deeds and other instruments for representatives in Ireland of foreign Governments. On grounds of reciprocity and because of diplomatic status, it has always been the practice to remit or refund stamp duty paid by any foreign State representative where there is a transaction in connection with the leasing of premises. That has happened this year to the amount stated. The main item was a lease in respect of one premises.

Does the Minister include in the description "public departments" State-owned undertaktakings like the Electricity Supply Board or Bord na Móna? Do they also qualify for a refund from the Contingency Fund of these stamp duties?

I doubt if the question I want to raise comes within the Supplementary Estimate, but it is a matter of urgent importance. I refer to the decision given in the High Court recently in regard to stamp duties.

What does the Deputy want to raise?

It does not arise.

I know it does not, although I probably should not put it that way. I have already said that I had difficulty in seeing how it could come within the Supplementary Estimate, but I want to ask if the Minister would take the opportunity of saying whether the decision given is accepted or whether it will be appealed against. It is a matter of urgent public importance and that is why I ask the Minister if he will make any announcement on this Supplementary Estimate.

Major de Valera

You want him to anticipate his Budget.

The remission provided for is in relation only to public departments.

To the exclusion of such State companies as I mention?

The Electricity Supply Board would not come within it. With regard to the other matter, I doubt if I have any authority with regard to an appeal—whether an appeal should go forward or not. It is on the Revenue side and the Revenue authorities have considerable independence and I doubt if it would even be prudent for me to express a view. Possibly the Deputy could guess my view.

The decision will probably create a revolution in the matter of the conveyancing.

It would be better not to proceed to discuss High Court decisions.

The decision might not be so serious.

He can mend his hand in the Budget. That is the usual trick.

Apart from mending one's hand later, it is a question of how far the decision goes and there are varying views on that. It might not go so deep as at present understood.

The Minister understands that it is a matter of very urgent public importance?

Supplementary Estimate agreed to.

Top
Share