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Dáil Éireann debate -
Thursday, 10 Dec 1970

Vol. 250 No. 5

Finance (No. 2) Bill, 1970: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

(Cavan): The object of this Bill is to give legal effect to the Budget introduced here on the opening day of this session by the Minister for Finance. The proposals in that Budget are to increase company taxation; to increase motor taxation; to increase wholesale tax; to make provision for matters arising out of the prolonged bank strike which paralysed this country for the greater part of this year. It is a very important Bill in so far as it implements a second Budget in this year.

We have been told by the Taoiseach several times during the unseemly incidents in this House that this is a very urgent Bill; that he must have it before Christmas; that he must have another Bill, the Prices and Incomes Bill, before Christmas and we are entitled to a debate on the proposal to intern. I presume the Taoiseach has been aware for some time that this is an important Bill and an urgent Bill and one which he wanted through the House. I reported progress on the Second Stage of this Bill as far back as 25th November, 1970, and it was not sought to resume discussion on the Bill until yesterday. The reason for that was that the Government party wanted to release the members for party purposes and to engage in party matters. I believe that this Bill is so important that it should get a full discussion in this House and that there should be no arrangement by which discussion on it should be stifled. It is hardly out of order for me to say that I think time which could have been devoted to this Bill has been wasted yesterday and this morning——

Hear, hear.

(Cavan):——I am glad the Minister agrees with me—when we were endeavouring to get a debate in this House on law and order. I shall not say anything I should not say but it is worthy of note that, while we were at that, under the very eyes of the Government an illegal meeting was taking place outside Leinster House.

If the Deputy wishes to commence the disorder again he is going the right way about it.

(Cavan): The loss of time here yesterday and this morning is due to the Government's handling of the business.

I disagree.

(Cavan): I would not expect the Minister to agree With me. Why did the Minister tolerate an illegal meeting outside the steps of this House?

If the Deputy continues along those lines, I shall ask him to sit down. We have had too much of this.

(Cavan): It is embarrassing for the Minister and for the Government but it is something which the people of this country would like to know. There is no government in this country.

If some people had their way in this House, there would not be.

(Cavan): There is no government: they are blowing hot and cold over one thing today and another thing tomorrow.

The Deputy should come back to the Bill.

(Cavan): The first proposal in this Bill is to increase company taxation and to increase it drastically. The effect is to increase taxation on companies by 16 per cent. Companies whose trading year ended on 30th April, 1969—as is the case with a number of companies such as Carrolls, Heiton Holdings Ltd., and so on—will be caught over three years. In the year ending 30th April, 1970, they will have to provide 74 per cent of their income in taxation as against 50 per cent for which they had budgeted. These companies, and many companies like them, will have less money to plough back into their business. As the Minister knows, the money that is ploughed back into the business provides for expansion, provides for more employment, provides for general development. Instead of being good for the economy, this step is bad for the economy; instead of providing for more employment it will curtail employment.

I dealt, the last day I spoke here on this Bill, with the wholesale tax and motor taxation. Section 5 provides for payment of interest at 8 per cent per annum on redemption moneys of certain land bonds which should have been drawn on 5th May, 1970, but were not drawn until 27th October, 1970, and will not be paid until 1st December, 1970. That is a reasonable proposal. It is only just that the Government should pay interest to holders of land bonds as a result of the failure to pay or draw the bonds on 5th May, 1970.

But many other people have lost money arising out of the bank strike which paralysed the country this year. The effects of it will not be fully felt for, perhaps, a very considerable time to come. There are many people of modest means whose lands were taken from them by the Land Commission, who did not voluntarily sell their lands and who were paid not in cash but in land bonds bearing 4 per cent, 6 per cent or 7 per cent years ago. These wretched land bonds, which they were given at the rate of £100 worth of bonds for every £100 worth of land and which they did not want to take but which the law compelled them to take, are now as low as, probably, £60 or £70. These unfortunate people cannot sell these land bonds unless they do so at a great loss. They are not even getting the interest they were promised on them. Under the law they are entitled to interest on 1st July. That interest was not paid; it has only been paid in the past few weeks.

The Minister should have done as I requested him to do by way of parliamentary question earlier in the year. He should have made provision to compensate these people and he would not be over-generous in doing that: he would only be just. Many of these people are not wealthy: they are people who had modest holdings—not all small holdings—and who had their lands taken from them by the Land Commission and, under the law, the Land Commission said: "We will take your lands, whether you like it or not, in the national interest; we will pay you, whether you like it or not, in land bonds and you will find a market on the stock exchange for these bonds because if nobody else will buy them the Government stockbroker will buy them." We know the price the Government stockbroker will pay for these bonds. As I say, they have fallen, certainly the 4 per cent ones, between £50 and £60 per £100. Even those issued recently are well below par. It is manifestly unjust that these people should be deprived of the interest they were legally entitled to get on 1st July and which has been held back from them for nearly six months. In many cases this is the only income these people have. I believe these bonds are trustee securities. I urge the Minister even at this stage to bring in an amendment to compensate land bond holders.

This does not stop at land bonds. It applies also to all Government loans, and national loans dealt with through the Bank of Ireland. All of these are in the same position. People who should have got dividends in last May or June did not get them. They were deprived of them for six months. Many of these are poor people, many are widows enjoying—if that is the word—income under settlements. The trustees of those settlements were obliged to invest moneys in trustee securities and all these national loans, exchequer bonds and so on are trustee securities. The Minister for Finance should compensate such people in some way because it is unjust that they should be kept without their money. I know that in the case of loans processed through the Central Bank payments have been made but in the case of those operated through the Bank of Ireland payments were held up for approximately six months.

The Minister should also avail of the introduction of this Finance Bill to deal with the complications arising out of the bank strike which should never have taken place. The matter was of such national importance that the Government should have dealt with it immediately in last April or May and should have taken steps to bring the parties together or introduce legislation, if necessary, to ensure that banking facilities did not break down. It is only now the enormity of the mess created by the bank strike is beginning to manifest itself. We are told that it might well be next year before people know how their accounts stand. Some people also unreasonably availed of the bank strike to stop cheques and in that way bring pressure to bear on people with whom they had dealings.

The banks should not be allowed to arrange things to suit themselves regarding payment of interest on overdrafts and so on. The banks were closed at the end of April and we are told they think it will be possible for them to calculate overdrafts accurately enough up to 30th June and that they will charge interest up to that date. I think that will be fairly accurate, accurate enough not to injure anybody very substantially, but I am also told that the banks will take the balance on all overdrawn accounts as at 30th June and apply what they call a delayed value dating system and the balance as at 30th June will be the balance on which people who have overdrafts will pay interest up to some unknown date next year. That is quite unreasonable and the Minister should do something about it. The banks opened on, I think, 17th November and even if on that date people who had overdrafts lodged perfectly good cheques on local banks they will not get credit for these cheques against their overdrafts until some date in the new year, a date the banks will decide.

The Minister should have taken the opportunity, when introducing this Bill, to do something about that. I do not know what the legality of it is but that is the procedure being adopted by the banks.

The banks closed at the end of April, which is a time when many people, for instance people in seaside resorts getting ready for the summer season and suppliers to the agricultural community giving credit for buying for the spring sowing, would have substantial overdrafts which normally would have been reduced by September, October and November. Those people will now be compelled to pay interest on those overdrafts up until some date which we have not yet been told.

It would be possible in my opinion for a bank manager to look over a person's account for the last three or four years and, taking one year with another, to come to a reasonable conclusion as to what the state of that account would be at any given time. The Minister should insist that an average of two or three years would be taken and that it would be left to the discretion of the manager, who has a knowledge of his customers and of the working of his customers' accounts, to decide what interest would be charged. The banks have said they will charge full interest on the overdrafts as at 30th June last until whatever date they in their own wisdom and in their own arbitrary way will decide.

This matter has given great concern to people in the country. The Minister should speak with the banks and if that does not work he should introduce legislation because the Government must take considerable responsibility for the bank strike and for the evils which have flowed from it.

I dealt with the general effect of this Bill on 25th November. The purpose of the Bill is to deal with inflation. The Government have been borrowing abroad for some years. The Governor of the Central Bank advised against this foreign borrowing and said it is one of the ways of aggravating inflation because it injects money into the economy which has not been earned or in respect of which goods have not been produced. I would like the Minister, when replying, to deal with the Government's policy on borrowing and to tell us whether he thinks it is a wise policy or one which is in the interests of the economy and whether he intends to pursue this policy. This is a policy which goes on year after year. The Minister has exhausted his borrowing powers at home and he now goes abroad. I always thought this was fraught with danger. I do not hold myself out as a financial expert but when I see such an authority as Dr. Whitaker advising against it and pointing out the dangers of it I think it is time to stop it.

The Minister should outline Government policy on having two Finance Bills every year. In the first place it makes it very difficult for the ordinary business people of this country to plan a year ahead. They do not know what taxation they will be liable for. They make arrangements at the beginning of the year on one basis and they find that is all wrong. They then have to have another "go" at it. The social welfare recipients are also affected by those two Budgets every year. We are usually told at the time of the spring Budget by the Minister for Finance, and later by the Minister for Social Welfare, who usually intervenes in the debate, that the social welfare classes have been more than cushioned against the taxes imposed in the spring Budget.

We are told that over and above the indemnification to them for the taxes imposed they have been given generous allowances to increase their standard of living but then invariably for the last few years we have another Budget in the autumn which in one way or another has a "go" at the social welfare classes. There is usually an increase in motor taxation and that imposes extra hardship on the social welfare classes. This year the wholesale tax is increased which imposes a severe hardship on people in poor circumstances if they are to have any enjoyment in life and have to buy any goods which are classed as luxury items.

This year the Post Office increased their charges and CIE, a State-sponsored body, substantially increased fares which also hit the social welfare classes. If one were to go into all those increases with a fine comb one would find that the increases promised the social welfare classes in the spring Budget of this year, which did not come into operation until August, October or next January, have already been gobbled up by those increases I have been speaking about. The old age pensioner, the widow, the recipients of unemployment benefit and sickness benefit, will have to wait until next April or May to get another promise of some relief from the taxes that have been introduced in this Budget and the increases in charges introduced by the Department of Posts and Telegraphs and CIE, which promises will not come to be implemented until August or October of 1971 or perhaps January, 1972.

This is being dishonest with the people. It is really practising deception. There should be one Budget each year. We had the rather unusual circumstance this year that we had two Ministers for Finance, each operating a different policy. It is significant that one of them should arrive in the House at this time as I have been talking about two Budgets and two Ministers for Finance. I was saying that there should be only one Budget and Deputy Haughey who has just come into the House—who comes into the front bench, into the Taoiseach's seat——

His rightful place on the front bench.

(Cavan): I did not know the Deputy was coming into the House.

What was the Deputy saying?

(Cavan): I was agreeing with the Deputy that there should be only one Budget.

If the Deputy keeps on agreeing with me he will be all right.

(Cavan): There you are.

If he did not agree with the Taoiseach that would be all right too.

(Cavan): So long as the Deputy does not say that if I agreed with the Fianna Fáil Party I would be all right. That would be different.

That would be entirely different.

(Cavan): It would be difficult to know when I would be agreeing or disagreeing with the Fianna Fáil Party. I will conclude on this note. Does Deputy Andrews want to say something?

I was just saying the Deputy is doing very well.

(Cavan): In the interests of the business people of this country, in the interests of the economy, in the interests of orderly budgeting in the private sector, and in the interests of fair play and justice to the social welfare classes, there should be only one Budget in each year. If a second Budget is introduced —which it should not be—which imposes taxes and takes away some of the benefits given to the social welfare classes, that Budget should go the whole way and introduce further reliefs and further benefits for those classes.

Should we call for a House to give the Minister a chance to get in?

If the Deputy wants to call a House by all means let him do so.

I merely wanted to hold the House until the Minister came in.

If the Deputy would like to call a House that is a matter for him. I will not decide one way or the other what the Deputy should or should not do.

I discovered a long time ago that I was able to make up my own mind. I do not have to ask Deputies on the Fianna Fáil benches.

That is what I am trying to arrive at. I would not like the Deputy to think that I am in any way trying to interfere with any decision he would like to make in this House.

I am sure the Parliamentary Secretary knows he could not.

I just want to make it clear that I do not want to.

The Parliamentary Secretary could not.

I would not anyway. Let me put it this way : I would not even try.

(Cavan): All this co-operation after what we have seen in the past couple of days is amazing.

Sweet reasonableness— that is the Labour Party at all times.

It has always been my attitude to be as reasonable as possible in my dealings with any Member of the House, within the realms of reason, that is. However, certain situations occur in which reason and rationality go out the door. There are a few points I should like the Minister to clear up for me in connection with this Bill. One is the question of tax exemption on various ambulances and mini-buses which bring invalid children to various institutions. I should like to point out that to the best of my knowledge an ambulance has been exempt from taxation since 1952, I think. There is a slightly anomalous situation in the case where a minibus has not got the word "ambulance" printed on it but nevertheless is being used effectively as an ambulance. If a minibus, a small bus, or a small vehicle, is being used for the purpose for which an ambulance is used. I believe it should be exempt from tax.

I know a number of cases in my own area—and I am sure others do too in their areas—where this situation arises. When the Minister is concluding on the Second Stage of the Finance Bill he might clear up this matter for me. On the whole question of social welfare——

It is all right. The Parliamentary Secretary can sit down now.

Now the Deputy is telling me what to do. We are in a very difficult position. I wanted to make a contribution. I will admit that circumstances found me on my feet. I will concede that to Deputy Tully. The Minister is here now and I want to remind him once more of my particular interest in the question of paraplegics. The former Minister for Finance introduced a very fair and socially just item into his Budget of 1968 which was subsequently given effect to in the consequential Finance Bill. He made provision whereby paraplegics who could operate a motor car would be exempt from car tax. This is correct. This is exactly the position at this point of time. However, I would ask the present Minister for Finance to consider the possibility of giving greater concessions than are being given at the moment for the purchase of cars by paraplegics.

There is another matter which he might consider and which arises, peripherally at any rate, in the context of the Finance Bill, that is, the position of paraplegics and the blind in relation to income tax, and the position generally of disabled persons in full-time employment—this is very important— whose full-time capabilities should be recognised by some type of income tax allowance. It is important that they should be encouraged to take up employment but by virtue of their doing so they should then get recognition from the State. For instance, a blind person has to have special facilities in his or her own home; a paraplegic has to have special facilities in his or her own home, but there are very small allowances, if any, available to those people for the maintenance of their own home. I would ask the Minister to consider these points.

It is worth remembering that the social welfare increases granted have been substantially eroded by increases in prices. Two of these increases in prices have been directly brought about by the Government, first, by their sanctioning the increase in bus and rail fares and, secondly, the increases in postal charges. The Government are always saying how much they have increased social welfare payments but they do not say how much they have contributed to the necessity for the increases in social welfare payments by their direct encouragement of price increases in these respects. There have been price increases through Government policy also as a result of the increase in the rate of turnover tax from 2½ to 5 per cent. This indicates that while the Government may increase social welfare payments with one hand they take away the benefit with the other.

Deputy Fitzpatrick mentioned the question of land bonds, that people are paid in these land bonds and they very quickly become devalued. I consider this to be a very unfair method of payment for land acquired by the Land Commission. As far as possible, people should be paid in cash and, if not, measures should be taken to ensure that land bonds do not become devalued to the extent they have become devalued. I know of many cases in my constituency where people have suffered very real hardship because all their assets took the form of land bonds and these became devalued very quickly. This is a very unfortunate situation and I hope the Minister for Finance, in consultation with other members of the Government, will take action to ensure that people are paid in cash for land acquired by the Land Commission or, alternatively, that measures are taken by the Government—I do not know what measures could be taken—in the stock market or elsewhere, to keep the value of land bonds up to a reasonable extent. I am not saying they should be always at 100 but they should not be allowed to sink as far as they have sunk in the past.

There is also a case for extending the matters on which tax exemptions are given. I have advocated, and I know that my colleague. Deputy Tully, has advocated for some considerable time, the idea that travelling expenses, where these are a very high component of a person's expenses, should be exempted from tax. I realise this proposal would pose considerable difficulties in execution, there is no point in minimising those, but it is the apparent policy of the Government to encourage part-time farming and it is obvious that people who live on farms will have to travel considerable distances to work and therefore their travelling expenses will be high. If it is our policy to encourage part-time farming and to encourage people to travel considerable distances to growth centres to work it is only logical and fair that we should give them some assistance to do this and perhaps the most appropriate assistance would be in the form of tax relief for travelling expenses.

The point has been put forward in the Fine Gael policy that there should be a speculative gains tax. This is something which the Minister should consider. This relates to the question of people buying land at a particular price and, without performing any substantial service, a disproportionate increase in the value occurs because they happen to be in a monopoly position —the land becomes very much in demand either because it becomes serviced land where previously it had not been serviced land or because of population expansion in a particular area. People can make very substantial profits in this way over a short period without providing any substantial service in return for the profits they make. I think, and my party also think, that a special speculative gains tax should be placed on these people because in many cases private profit is occurring because of public expenditure on making this land serviced land. The least that should be done is to tax the speculative gains which occur as a result of this. This has been advocated by my party since 1965 and I hope the Minister will consider incorporating it in future Finance Bills.

We have had in recent months a number of what I might call general economic debates. I do not, therefore, propose to go back over all of the ground that has been covered in these debates but rather will confine myself to the main points which were raised in this debate relating to this Bill.

Deputy Cosgrave referred again to what he had said before—that our trouble was due to excessive Government expenditure. Again he failed to point out anything that he thought the Government were spending money on that they should not spend money on. In particular when he referred to the increased charges by CIE and the increased postal charges he did not indicate in any way what he thought should have been done about that except that they should not have gone up. Of course this does not solve the problem. I have dealt with this matter before so I do not propose to go back over all that again except to draw attention to that aspect of Deputy Cosgrave's contribution.

Deputy Fitzpatrick this morning dealt at some length with the bank closure and the consequences of it. I think he was mistaken in some views he expressed as to what was being done by the banks but again this is a matter I have dealt with at some length in reply to Parliamentary Questions. I have indicated what the banks proposed to do and that on the face of it what they proposed to do appears to be reasonable but I have also indicated to the House that in the event of the banks not doing what they have indicated they will do I was certainly prepared to take the matter up with them.

In regard to the point raised by Deputy Bruton about tax on speculative gains in regard to land I would point out that there are already some provisions which get at these profits but to do effectively what many people would like to see done presents very difficult legal and constitutional problems. A considerable study has been made of this problem by the Government and that study is continuing. I cannot guarantee that the result will be satisfactory but certainly if any satisfactory way of dealing with this under the Constitution can be found then the Government certainly would be disposed to act on such a method but I would not like anybody to think that this is a simple matter. It is not. It is extremely difficult.

What Article of the Constitution is in question?

The Article which relates to the right to private property.

Taxing profits surely does not interfere with the right to private property.

I will not go into it here but I can assure the Deputy if he studies the matter he will find that it is extremely complex.

This is a different question altogether from the nationalisation of building land.

Effectively, it boils down to the question of the price that is paid for land. One can put on taxes but this only increases the cost of land and the cost of housing. This is not a solution of the problem. The real solution lies in the matter of the price paid for land——

The real solution is the complete taking over of building land by the State and the local authorities. The Minister knows that fact very well.

This is where the legal difficulty arises.

I am not referring to the taking over of land which is the property of the small farmers, as was stated in the last general election.

It is a question of doing something effective, not merely punitive. To be effective the cost of land must be reduced, but to do this under the Constitution is not a simple matter. However, I am not without hope that a solution will be found.

The main criticisms raised in the debate related to the question of additional tax on companies. It was alleged that the income tax increases imposed by this Bill on companies represent an inordinate increase on Irish industry, particularly in the current year. Despite the various statements made in the debate, I would point out that the immediate effect is that the rate of company tax is increased by 8 per cent, from 50 to 58 per cent. It has been represented that because of under-provision made for future taxation in accounts for 1970—in some cases for 1969 also—there is an under-provision of 8 per cent which must be provided for in the 1971 accounts. As a consequence of this, the provision in the 1971 accounts will have to be at the rate of 58 per cent, plus the under-provision of 8 per cent for 1970; indeed, it will be 16 per cent where there was under-provision in the 1969 accounts.

This argument overlooks the fact that many companies have a tax reserve which is intended to take account of changes in the rate of tax. The same consequences mentioned now would arise if the rate of income tax had been increased.

The Minister appreciates the position of a company which has laid aside £360,000 for the building of a new factory, gets a Government grant of £250,000, and then they find that the sum of £360,000 is being taxed retrospectively. Such a company has reasonable cause for complaint and the Minister's argument does not answer that complaint.

This tax is not retrospective and I will demonstrate that fact. First, a company prepares its accounts and in this preparation it can only base its provision for tax on existing rates. In most cases the company is being taxed on the basis of its earnings in the previous year.

The Minister is now referring to income tax?

We are speaking of income tax in this connection. What we have done is to increase the company's liability for income tax by providing that corporation profits tax will not be allowed as a deduction in the computation of profits for income tax purposes. A company can only operate on the basis of existing rates of tax and many companies have a tax equalisation reserve precisely because they operate on the existing rates of tax. They know that tax rates may be changed at any time. If the rate is increased they may not have made sufficient provision and if the rate goes down they may have made over-provision; to cover this contingency many companies have the special reserve. If the argument that has been made in this House in relation to this provision is carried to its logical conclusion, then it must be accepted that the rate of income tax can never be changed because this problem will always arise whenever there is a change in the rate.

There is change and change.

Any change would create this problem. On foot of the case made here it would have to be urged that should there be a change in the rate of income tax this should never occur in the course of a financial year. Incidentally, the financial year for companies does not correspond with the State financial year in most cases. However, even if that were done the same problem would exist. I do not accept, and I do not think the House will accept, that the rate of income tax can never be changed because companies have not made provision for such change in their accounts.

Regarding the alleged retrospective nature of this tax, the change effected by this Bill is in connection with income tax payable for 1970-71 only, not for any previous year. The income tax liability of trading companies is based on the amount of profits of the previous year of assessment. Where a company completes its accounts annually the accounting year is taken as being equivalent to the year of assessment. Therefore, the liability is in respect of tax payable for 1970-71 and the tax is not payable before January, 1971.

Is the Minister clear on that proviso? My reading of the Bill, and this is shared by others, does not take the same interpretation as that given by the Minister.

The only way in which it can be said to be retrospective is because companies are paying tax this year in respect of last year's earnings.

Is that not retrospective?

They work on this basis every year. Their liability, which is being changed here, is the liability they have for tax in 1970-71 and this is not payable until January, 1971.

In effect, what the Minister is saying is that if companies did not contemplate that there might be an increase in tax and make appropriate provision then that is their problem.

Many companies have made such provision.

Not to the same extent as the increase the Minister is now proposing.

I would further point out that, as a result of the system of the company paying tax on profits earned in the previous year, the company has the benefit of money it would otherwise be paying in tax, for periods up to 20 months. In many cases this is worth more to the company than the increased tax being imposed. Companies cannot have it both ways.

If it does not cause unemployment or cause hardship to people, I am not particularly worried. I am sure the Minister appreciates the reason I am raising this point.

Yes, I do. However, like other sections of the community who are affected from time to time by a particular tax, the people concerned naturally make the best case they can against it. I have the obligation to rebut their case, if I can, and to point out that it would not be unfair to say that the case they have made is, at the very least, exaggertaed.

Some may have disposed of the money in various ways for capital purposes or otherwise. If their profits this year were considerably less than in the previous year these companies could be in serious trouble.

This is also true of many individuals. If the rate of income tax is changed they are in the same position.

Individuals do not usually put aside money for income tax purposes.

No, because they cannot afford it.

I am glad the Minister admits that citizens of this country cannot afford to pay income tax.

Many people who pay income tax certainly cannot afford to set aside money to meet that tax. A complaint has also been made that there is no indication that this is a temporary measure, designed to deal with a specific situation. It is quite true that there has not been any such indication. I could not undertake in advance to have this tax either revoked or reduced at a particular time. However, the position arising from its imposition will certainly be kept under review from time to time and should the results of such review indicate that it ought to be modified or, indeed, that we should revert to the position as it was prior to the introduction of the supplementary budget, that decision would be taken. However, I could not undertake that that will happen or that it will happen at a particular time.

The Minister will appreciate that, once written into the tax law, it is there?

That is not what I said.

In practice, that will be the position.

It has been said also that relief should be given to companies with annual profits not exceeding £20,000. I would point out that relief designed to help the smaller companies is already provided for in the tax code by reason of the fact that the first £2,500 of taxable profits are charged at a reduced rate of corporation profits tax, at the rate of 7½ per cent. Consequently, the net effect of disallowing corporation profits tax as a deduction in calculating income tax on companies' profits, where those profits are £2,500 or less—and these account for about 70 per cent of our companies—is by no means heavy. For example, a company having a net taxable profit of £2,500 will pay an additional £65 income tax under this provision. Therefore, it does not appear to me that the extra charge on small companies is such as would warrant the introduction of further special relief for companies whose profits are less than £20,000.

The Federation of Irish Industries seem to think it is.

When I tell the Deputy that 90 per cent of all our companies come into that category he will understand that the Federation of Irish Industries are doing a good job for their members. I might point out that if we were to do this, the cost of such concession would be £0.4 million in the current year and £0.7 million in a full year. Certainly, it would not fulfil one of the main purposes for which this tax was introduced.

It has been said that under this provision, a company in this country will pay tax at the rate of 58 per cent while the corporation tax in Britain is only 42.5 per cent. This is an unrealistic comparison because it does not follow through to the position of the shareholders. When an Irish company have paid their tax the shareholder pays no further income tax but when a British company have paid their corporation profits tax, the shareholder will have to pay an additional 7s 9d in the £ on the dividend. Therefore, if one takes the company and the shareholders together, the Irish tax charges will remain constant at 58 per cent no matter what is the distribution whereas the British tax rate will rise from 42½ per cent where there is no distribution to almost 65 per cent where there is full distribution.

Nevertheless, is it not the case that the British company ploughs back its profits into a better competitive position vis-á-vis the Irish company?

It would be if these were the only factors to compare but there are a number of advantages for the Irish company which I am about to mention and all of which are not available to British companies. For instance, there is a very valuable concession available to Irish companies of export tax relief. This is not available to British companies. Indeed, to the extent that a company are engaged fully in export, they are not affected at all by this provision and to the extent that some of their products are exported, they are not affected by this provision. One of the arguments that can be made in favour of the provision is that it will encourage Irish companies to engage to a greater extent in the export market. This ties in partially with the point I was making and also with the criticism that was made to the effect that our tax structure should favour reinvestment of profits as against distribution of profits. I would be in general agreement with that proposition but I must point out that Deputies have not adverted to the fact that our tax system at present provides very valuable inducements to higher investment out of pre-tax profits in manufacturing industries.

Firstly, between 70 and 85 per cent of capital expenditure on new plant and machinery may be written off in the first year of the life of the assets and the balance at annual rates of 10, 12½ or 25 per cent depending on the circumstances. Secondly, the total cost of expenditure on new plant and machinery in underdeveloped areas may be written off in the year in which it is incurred. Thirdly, all expenditure on scientific research for the purpose of acquiring industrial know-how, may be written off in one year. Fourthly, capital expenditure on industrial buildings may be written off by way of an initial allowance of 20 per cent and an annual allowance of 2 per cent. These reliefs are quite costly in so far as the revenue involved is forgone by the Exchequer. Therefore, the criticism that was levelled in this respect did not take account of the existing tax structure which, to the extent I have indicated, favours deliberately the investment of pre-tax profits in expansion and in re-equipment as against distribution to shareholders.

These, then, were the main points raised. I am anxious to ensure that at least balancing statements would be made in relation to what I have described as the exaggerated claims made against the additional tax liability of companies as provided in the Bill because the position has not been presented in a balanced way. There are a number of Irish industrialists who believe genuinely some of the points put forward but which are not true. I am anxious that these people should realise they are not being treated as badly as they have been led to believe. The case has been made that this could lead to widespread unemployment and so on. I have no reason whatever to believe that.

This reaction can be expected any time there is an imposition of this nature affecting any category of the community but we must allow for the fact that in many cases there are exaggerations and one must endeavour to reach the truth. I would not contemplate with any equanimity whatsoever a situation in which, by reason of additional taxation, we would put out of business a number of Irish companies or that a number of their workers would be left without employment. I have no reason to believe this would happen and I am not anxious that the people in control of Irish companies should be under any illusions as to the effects of this tax. They should have some knowledge of the points I have mentioned because if they have they will see the situation much more in perspective than they might otherwise do. Furthermore, in the case of business in general, various impositions and difficulties are experienced from time to time not only because of taxation. But in other countries—it may be due to wars, to political changes and so on—the characteristic of the business community is that they can overcome difficulties. This is what being in business is all about. People who cannot overcome difficulties that arise do not survive in business. The business community in general, what has them in business is that they can overcome difficulties and go on and make profits, and I have no reason whatever to believe that what is being done here will have any serious consequences for Irish industry. Indeed, I think it would be—and this case was made in another context—unjustifiable, apart from budgetary considerations which I outlined on another occasion, in the context of what we are doing otherwise in relation to other incomes that we would not try to ensure that industry in general and companies in general, which, of course, include more than industry, would also contribute their share to the effort we are making to deal with inflation.

Would the Minister make a comment on three points which I consider very important? First, can he differentiate between caravans which are used as temporary homes and those that are used for pleasure, summer holidays and so on? Secondly, can he promise anything with regard to people who use motor bicycles for the purpose of going to work, because this is a really serious matter? Thirdly, there is the question of taxation on motor cars being used by people who need them for work but who get no tax remission. Can anything be done in that case?

Unfortunately, the answer is "no". If I take the first one, caravans as mobile homes, this has been a difficult problem for quite some time, apart from this Bill at all, because of the effects of duty on imported ones. This has been going on for quite a while and the association of caravan manufacturers—I forget their exact title—have been discussing this with the Revenue Commissioners and have accepted the Revenue Commissioners' view that, for technical reasons it is not possible to differentiate between caravans and mobile homes.

Of course the caravan manufacturers do not give a damn because the tax is just added on to the cost.

No, they do. It is very important to them, and they have been agitating for quite a long time. While I was in Industry and Commerce I had the problem many a time on this very point. They have a vested interest in ensuring that there is a difference between the two.

They will get the money anyway.

The fact is that it is not possible to differentiate. If it were I certainly would be prepared to consider the exemption of caravans used as homes from this tax. Unfortunately, the same thing applies to the use of motor cycles, scooters and cars by people for their work as distinct from pleasure; it just is not possible to differentiate.

The Minister could leave scooters and motor cycles out, because the amount involved would be very small.

There are quite a number of young people using motor cycles and scooters purely as luxuries. They have been given presents of them by their parents. These are the kinds of things that should be contributing to revenue.

For the small number of people who do give their sons or daughters scooters or motor cycles as presents, there are thousands of people who use them for the purpose of going to work, and in order to get at the youngsters who have these scooters, the Minister is putting a blister on the backs of working people.

I am not saying that is the only reason. There are a number of people who are using these vehicles for their work and can afford to pay the tax. There are some who find it difficult, but not all of them will find it a great imposition.

Most of these people in the country districts who use them would be members of my trade union. I know the wages they are getting and I know how little they will have at the end of the year as a result of this imposition.

Question put.
The Dáil divided: Tá, 64; Níl, 44.

  • Aiken, Frank.
  • Alien, Lorcan.
  • Andrews, David.
  • Barrett, Sylvester.
  • Boylan, Terence.
  • Brady, Philip A.
  • Brennan, Joseph.
  • Briscoe, Ben.
  • Brosnan, Seán. Cronin, Jerry.
  • Crowley, Flor.
  • Davern, Noel.
  • Delap, Patrick.
  • Dowling, Joe.
  • Fahey, Jackie.
  • Faulkner, Pádraig.
  • Fitzpatrick, Tom (Dublin Central).
  • Foley, Desmond.
  • Forde, Paddy.
  • French, Seán.
  • Geoghegan, John.
  • Gibbons, Hugh.
  • Gibbons, James.
  • Gogan, Richard P.
  • Haughey, Charles.
  • Healy, Augustine A.
  • Herbert, Michael.
  • Hillery, Patrick J.
  • Hilliard, Michael.
  • Hussey, Thomas.
  • Kenneally, William.
  • Kitt, Michael F.
  • Browne, Seán.
  • Burke, Patrick J.
  • Carter, Frank.
  • Carty, Michael.
  • Childers, Erskine.
  • Colley, George.
  • Collins, Gerard.
  • Connolly, Gerard C.
  • Cowen, Bernard
  • Lalor, Patrick J.
  • Lemass, Noel T.
  • Lenehan, Joseph.
  • Lenihan, Brian.
  • Loughnane, William A.
  • Lynch, Celia.
  • Lynch, John.
  • McEllistrim, Thomas.
  • MacSharry, Ray.
  • Meaney, Thomas.
  • Moore, Seán.
  • Moran, Michael.
  • Nolan, Thomas.
  • Noonan, Michael.
  • O'Connor, Timothy.
  • O'Malley, Des.
  • Power, Patrick.
  • Sheridan, Joseph.
  • Sherwin, Seán.
  • Smith, Patrick.
  • Timmons, Eugene.
  • Tunney, Jim.
  • Wyse, Pearse.

Níl

  • Barry, Richard.
  • Begley, Michael.
  • Belton, Paddy.
  • Bruton, John.
  • Burke, Joan.
  • Burke. Liam.
  • Burke, Richard.
  • Burton, Philip.
  • Cluskey, Frank.
  • Collins, Edward.
  • Coogan, Fintan.
  • Creed, Donal.
  • Crotty, Kieran.
  • Desmond, Barry.
  • Donegan, Patrick S.
  • Donnellan. John.
  • Dunne, Thomas.
  • Enright, Thomas W.
  • Esmonde, Sir Anthony C.
  • FitzGerald, Garret.
  • Fitzpatrick, Tom (Cavan).
  • Governey, Desmond.
  • Hogan, Patrick.
  • Hogan O'Higgins, Brigid.
  • Jones, Denis F.
  • Kavanagh, Liam.
  • Keating, Justin.
  • Kenny, Henry.
  • L'Estrange, Gerald.
  • Lynch, Gerard.
  • McLaughlin, Joseph.
  • McMahon, Lawrence.
  • Malone, Patrick.
  • Murphy, Michael P.
  • O'Donnell, Tom.
  • O'Donovan, John.
  • O'Higgins, Thomas F.
  • O'Leary, Michael.
  • O'Sullivan, John L.
  • Ryan, Richie.
  • Thornley, David.
  • Timmins, Godfrey.
  • Treacy, Seán.
  • Tully, James.
Tellers: Tá, Deputies Andrews and Meaney; Níl, Deputies R. Burke and Cluskey.
Question declared carried.

I suggest tomorrow. I think it could be ordered for tomorrow, subject to what arrangement is arrived at between the Whips.

There will be amendments.

There is nothing lost by ordering it for tomorrow. We ought to leave the Whips as much freedom to manoeuvre as possible in the circumstances.

Committee Stage ordered for Friday, 11th December, 1970.
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