I move: "That the Bill be now read a Second Time."
The Exchange Control Act, 1954, as amended by the 1978 Act, is the legislative basis for Irish exchange controls. This Bill proposes to continue the legislation in operation for a further period of two years from 1 January 1991.
Exchange controls were a wartime measure first introduced in Ireland, under the Emergency Powers Act, 1939. When it was decided to give the controls a statutory basis of their own, the 1954 Exchange Control Act was originally given a life of four years, in the hope that the controls could eventually be dispensed with. Up to now, it has been found necessary to renew the Act at four yearly intervals, most recently in 1986.
During the war period, and in the years that followed, our exchange controls were a reflection of those which operated throughout the sterling area and they were operated on foot of our responsibilities as members of that area. Restrictions applied only to transactions with countries outside the system and there was complete freedom of capital movements between Ireland and the UK.
A new situation developed when Ireland decided to participate fully in the European Monetary System and the UK opted not to. For the first time, we were faced with the risk of exchange rate volatility vis-à-vis sterling and it was necessary to take steps to counter any resulting speculative and destabilising flows of funds. Thus, in 1978, an amending Act was introduced to extend the coverage of our exchange control system to the UK. In the years since then, the primary objectives of our exchange controls have been twofold — first, to strengthen the balance of payments and external reserves and increase the capital available for productive purposes within the State and second, to reduce disruptive currency flows at times of exchange rate uncertainty.
The 1954 legislation prohibited a wide range of payments and other financial transactions with non-residents. It did, however, vest discretionary power in the Minister for Finance, so that permissions could be given by statutory instrument, or administrative decision, for individual transactions, or ranges of transactions. Responsibility for administering the controls was delegated to the Central Bank of Ireland. In practice, even in the earlier days, general permissions were given covering a wide range of transactions. Payments relating to trade, commercial and other current transactions could be made freely and were merely supervised so as to ensure that unauthorised capital transfers did not take place in the guise of current payments. General permissions were also given for many capital operations. For example, inflows of capital from abroad for direct or portfolio investment were strongly encouraged and direct investment and investment in real estate by Irish residents within the European Community were freely allowed.
Nevertheless, at the time of the last renewal of the legislation in 1986, a fairly extensive range of controls still restricted the freedom of Irish residents to transfer funds abroad. The situation has changed dramatically since then. The remarkable recovery in the economy in 1987 and the proposals for a single EC market encouraged us to take a fresh look at our exchange controls. This review led to my predecessor's announcement, in October 1987, of the Government's intention to dismantle exchange controls on a phased basis.
This move was given impetus by developments in the European Community, where the liberalisation of capital movements had become a major focus of attention in the context of the development of the internal market and of the EMS. Some eight months after the Government's decision to phase out Irish exchange controls, the Council of Ministers adopted a new Directive, ordaining full freedom of capital movements within the Community. Under this Directive, eight member states were required to liberalise fully by June 1990. All did so — in advance of this deadline. Ireland, Greece, Spain and Portugal were permitted to take a further period — to the end of 1992 — to complete the process of dismantling their controls. Greece and Portugal also have the possibility of an additional extension of up to three years if their economic situation at the time should so warrant.
The process of relaxing Ireland's exchange controls began in January 1988, when resident investors were given certain limited freedoms to acquire foreign securities. In addition, the rules governing the forward cover market were eased and the scope of the market was expanded to allow access by service industries. The first steps towards easing the documentary requirements associated with exchange control were also taken.
At the beginning of 1989, in a most important phase of the liberalisation programme, all the remaining restrictions on residents' purchases of medium and long term foreign securities were removed. A third phase was implemented in April of this year. This reduced further the administrative requirements which had previously imposed a significant burden on the business and financial communities. It permitted greater access to some of the innovative instruments — like swaps, futures and options — which have become a major feature of international finance. It also allowed Irish financial institutions to freely accept Irish pound deposits from non-residents, as long as these deposits were for fixed terms of at least three months duration.
As you can see, very significant progress has been made since the Government took the initial decision to phase out exchange controls. I am happy to be able to say that, against a favourable economic policy background, the effect of the measures taken has been decidedly positive. There were substantial outflows, when the controls on foreign security investment were relaxed, as institutional investors moved to restructure their portfolios. Despite these outflows, our external reserves are now well above the end 1987 level and our interest rate differential with Germany has been reduced by two-thirds.
Such has been the reduction in the scope of our exchange controls over the last three years that the only controls that we now maintain vis-à-vis other EC countries are those relating to short term capital movements. For residents, these mainly cover the operation of foreign currency accounts, for purposes other than trade, and the use of Irish pounds for the purchase of short term foreign securities. In transactions with non-EC countries, certain limits also continue to apply to residents who wish to make a direct investment, purchase personal property, or make personal gifts or loans. In the case if non-residents, short term deposits in Irish pounds and Irish pound financial loans to non-residents have yet to be fully liberalised.
All these remaining controls will be phased out by the end of 1992 at the latest. I propose to make further substantial progress in dismantling them from the beginning of next year and the following is a brief outline of the principal measures that will be included in this next phase. The details of the changes are in a press announcement which will be issued later today.
The most important remaining control restricts the operation by residents of foreign currency accounts, whether located in Ireland or abroad, and of Irish pound accounts abroad. The removal of this restriction will undoubtedly create additional potential — but I would emphasise that it is only potential — for short term speculation against the Irish pound. In view of this, it would be useful to gain some experience in this area, before fully dismantling the controls. I am, therefore, proposing a modest relaxation in the short term, which will permit resident individuals to operate personal fixedterm foreign currency accounts with financial institutions in the State. The operation of these accounts will be subject to a number of conditions, including a minimum period of investment of three months.
A further consideration is that, under present legislation, this relaxation would provide scope for tax evasion, in relation to the deposit interest retention tax. To prevent a loss of tax revenue from individuals moving funds into such accounts, I propose, in the 1991 Finance Bill, to extend DIRT to cover interest from these new personal foreign currency accounts held by Irish residents. The implementation of this measure will, therefore, have to await the enactment of next year's Finance Bill. I must stress, of course, that this move involves no change as regards approved foreign currency accounts operated by companies for trade purposes, or foreign currency accounts held by non-residents; interest on these will continue to be exempt from retention tax. All the other relaxations, which I will now summarise, will become effective on 1 January 1991.
At the moment, individual residents are not permitted to use Irish pounds for the purchase of short term foreign securities — that is, those with a maturity, at date of issue, of less than two years. They may, however, borrow foreign currency to finance such purchases, or use the proceeds from the sale of similar securities. I propose to allow the conversion of Irish pounds, for purchases of short term foreign securities, subject to a limit of £10,000 per individual and an overall limit of £50 million for 1991. Institutional investors already have an allowance for such purchases of 12½ per cent of their previous year's cash flow. As that does not appear to be causing any problems, I do not propose to change it, for the moment.
Other relaxations in the securities area will include the extension to individual residents of the freedom which institutional investors have to purchase futures and options on foreign securities for hedging purposes. I am also removing the restriction on the use of Irish pounds for purchases of units in foreign undertakings for collective investment in transferable securities — or UCITS as they are generally called — which invest in short term instruments, as long as the UCITS in question are registered under the EC Directive on the Co-ordination of UCITS.
As I indicated earlier, restrictions currently apply vis-á-vis non-EC countries in three areas where the transactions concerned have been completely liberalised within the European Community. These are outward direct investment, the purchase of property for personal use and the issue of personal loans or gifts. I propose to remove the restrictions on personal loans and gifts and to increase the current limits in the other two categories. In the case of outward direct investment, the first £100,000 of any such authorised investment may, in future, be funded by conversion from Irish pounds and Irish pounds may also be used to fund up to 50 per cent instead of the current 25 per cent of the balance. In the case of property for personal use, there is, at the moment, an upper limit of £50,000 on the value of any property that may be purchased outside the EC and only 25 per cent of the cost may be funded from Irish pounds. I propose to remove the limit on the value of the property and to permit up to £50,000 of the cost to be financed using Irish pounds.
I propose also to begin relaxing the restrictions on financial loans in Irish pounds to non-residents. Financial loans are those that are not related to trade nor to other permissible transactions with residents, like direct investment or the purchase of property. Initially, long term financial loans — that is those for a period of five years or more — will be permitted.
The gradual removal of exchange controls carries with it both opportunities and risks. By the end of 1992 at the latest, Irish residents will be free to conduct, on a worldwide basis, all the financial transactions which they can carry out within Ireland today. They will be able to seek the best returns for their investments and the most competitive terms for any finance which they wish to raise. The business and financial communities will have access to all the risk management techniques and means of financing that are available to their overseas counterparts. The absence of restrictions, combined with good returns and sound economic management here will serve to increase our attractiveness as an international investment location.
At the same time, there will be a sizeable increase in the volume of funds that can move quickly into and out of the country. Domestic interest rates may be more volatile than we have been used to, as they will be required to play a greater role in regulating these flows and maintaining the exchange value of the currency. The degree of confidence in Irish economic prospects will be, by far, the most important ingredient in determining the scale and direction of future flows. This confidence will be crucial to attracting the overseas investment that we need and to influencing domestic savers to invest at home. The main condition for ensuring confidence is continued prudent management of the economy. This embraces a requirement that we be seen to continue on a path of fiscal responsibility and that domestic policies fully support the Irish pound's exchange value. In other words, how the risks and opportunities, arising from dismantling exchange controls, balance out will depend on how we conduct our affairs. In the light of the Government's firm commitment to effective management of the economy, I am confident that the benefits will continue to outweigh the risks.
In summary, we have already moved a long way towards our goal of complete capital liberalisation. Today, I have announced a series of significant measures which will advance our progress further. It is against that background of liberalisation that we find it necessary to renew existing exchange control legislation on a temporary basis. It is also against that background that I recommend the present Bill for the approval of the House. I would like the indulgence of the spokesmen for Finance opposite, and indeed the House. I want to publish the Book of Estimates this afternoon.