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Dáil Éireann debate -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Adjournment Debate. - Offshore Accounts.

I thank the Minister for taking this matter this evening. Reports in the media appear to have established a prima facie case that National Irish Bank was involved in the active promotion of tax evasion schemes by the use of offshore accounts. I want the Minister to put on the record what he knows about this matter. I also want to know if he has discussed the matter with the Revenue Commissioners.

In 1993 and 1994, National Irish Bank had accounts of a peculiar nature in branches throughout the country. Some were supposedly non-resident accounts, others were in bogus names and all appeared to contain money hidden from the Revenue Commissioners. NIB had a system in place to highlight these accounts and readily identify the beneficiary. If, for example, a depositor in one of the accounts applied for a loan, the centralised system highlighted the fact that he also had another hidden account and the true credit position was easily established. Nothing hinges on this other than the fact that the central management of the bank had a system in place which readily identified the account holders. When they wished to approach them to sell a particular financial product to them, it was a simple matter to identify their names and addresses and send the bank's sales staff to visit them.

It is relevant that these accounts existed after the last tax amnesty and after the granting of strenuous powers to the Revenue Commissioners by the Houses of the Oireachtas which included, among other things, what is known as the whistle blowers' charter. Approximately eight months after the closure date for declarations of money under the amnesty, somebody in National Irish Bank decided that the money in the accounts I described earlier was no longer safe from the Revenue Commissioners. An ingenious scheme was organised and sales executives of the bank were dispatched to visit the deposit holders. These sales executives were extremely successful and encouraged approximately 188 depositors to invest a total of £30 million in the ingenious scheme.

Depositors were asked to transfer their money into bank drafts drawn for the benefit of Clerical and Medical International, known as CMI, based in the Isle of Man. I understand the money was immediately transferred back to the bank branches of origin and was deposited in the name of CMI, with a number to identify the identity of the original deposit holder. Subsequently the deposits appear to have been centralised, but the essentials of the scheme remained the same. Depositor money was passed through CMI and redeposited in National Irish Bank in the name of CMI and appeared in that bank as offshore accounts. Initially, it appeared, the depositors could transact business over the counter in the usual fashion. Some time later an arrangement was put in place which worked generally as follows. If a depositor wished to withdraw, for example, £20,000, CMI would be notified in writing by the depositor and it would immediately instruct NIB to pay out the money.

There was no advantage in terms of security of the money or interest return to the depositor on the money from these arrangements. Significant start up costs were charged by CMI and it appears a management fee was charged by both CMI and NIB. Consequently, we must ask why depositors got involved in this costly arrangement. For example, I am reliably informed that NIB charged £20,000 to a depositor of £250,000 for making this arrangement. If this is applied pro rata to £30 million on deposit, NIB gained in excess of £1 million from this arrangement. CMI also received significant fees.

It makes no sense for a depositor to pay such fees unless there is some advantage. Since there is no advantage in terms of security, return on investment or access to deposits, the only explanation is that they were evading tax and that the bank was facilitating them in doing so. It is a criminal offence to aid and abet persons evading tax. The whistle blowers' charter makes it an offence for any person, including directors and employees of banks and other financial institutions, not to inform the Revenue Commissioners of incidents of tax evasion of which they are aware. There is a case to answer not only by NIB but also the Minister for Finance, the Revenue Commissioners and the Central Bank.

The Ansbacher accounts have already passed into the general vocabulary of the people. It appears now that the third biggest banking group in the country also operated offshore accounts with money deposited in Ireland with full access by the depositors and that this was done for the purpose of tax evasion. Yesterday I received a telephone call from a person who identified herself. She told me that two years ago she approached a leading building society with a deposit of £30,000 and was offered a facility to place it in an Isle of Man account. She declined the offer but the arrangement suggested appeared to be that the rate of return would be a quarter per cent less than available in Dublin, but there would be certain tax advantages.

I do not know Ireland's balance of trade with the Isle of Man, but it is not significant. Consequently, it is a matter of some surprise to me that practically all our clearing banks, building societies and investment banks have branches in the Isle of Man. Some also have branches in Jersey. I wish to pose a number of questions to the Minister. Are certain financial institutions organising tax evasion schemes for customers in clear breach of the law? If so, what does the Minister intend to do about the matter? Does he intend to do it in a manner where the issue is exposed to public scrutiny?

As I stated previously, the pursuit of the tax affairs of individual taxpayers is a matter solely for the Revenue Commissioners. The Minister for Finance does not get involved in such cases for clear reasons. This is the position which has been accepted in the House since the foundation of the State.

Regarding the issues which have arisen recently in the case of National Irish Bank, I confirm that the Revenue Commissioners are examining urgently all the tax issues involved. All necessary action will be taken by the Revenue Commissioners to deal with whatever tax consequences emerge. The Central Bank has also been pursuing the issues raised in relation to National Irish Bank since the matter came to its attention. I wrote to the Governor on Monday, 26 January, requesting him to report to me on the implications of these issues. The Central Bank is examining the possible exchange control implications of any transactions involving offshore accounts. However, I point out that such controls expired on 31 December 1992.

In addition, I understand that the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Treacy, who has responsibility for the regulation of the insurance sector, wrote to National Irish Bank on 27 January raising a number of issues in relation to certain alleged transactions involving that company. In particular, he sought clarification as to whether National Irish Bank is, in fact, selling certain products from an Isle of Man-based company, CMI, or from any other non-EU countries and, if so, to provide evidence that the company in question is authorised to conduct such business in the State. On receipt of a reply a decision will, I understand, be made on whether further action is required.

I have not had particular discussions with the Revenue Commissioners in this case. The Deputy will be aware that the Revenue Commissioners have wide powers. As I stated in relation to another matter, the last major change in the Revenue Commissioners' powers was given effect in the Finance Act, 1992, and included reporting arrangements for domestic institutions in relation to the opening of foreign bank accounts by Irish residents. The Revenue Commissioners' powers were further extended in 1993 and penalties for tax evasion were significantly increased in conjunction with the introduction of the tax amnesty. Regarding access to bank accounts, the Revenue Commissioners are empowered to seek access through the courts or, in certain circumstances, through the AppeaI Commissioners, to the bank accounts of named individuals resident in the State.

The existence of these various powers is an important factor in underpinning voluntary compliance with the tax laws by the vast majority of taxpayers. Where necessary, the powers are formally brought into play by the Revenue Commissioners in support of their investigations. It is important that the right balance is maintained so that adequate powers are available and their use is targeted mainly at those actually evading tax. However, if additional powers are shown to be desirable and likely to be effective, then proposals to enhance the Revenue Commissioners' effectiveness in this area will be brought forward. The adequacy of the Revenue Commissioners' powers is being reviewed by the Revenue Commissioners and my Department following the report of the McCracken tribunal.

In relation to the Central Bank, the House is already aware that I have asked the Governor to advise me if the board of the Central Bank is satisfied that the bank has the necessary legal powers for the effective execution of its regulatory role, that the procedures and practices necessary to effectively exercise these powers are in place and that these procedures and practices are being implemented effectively. Deputies will recall that I placed the contents of the Governor's reply on the record of the House when responding to a parliamentary question from Deputy Rabbitte on 19 November 1997. In that letter the Governor confirmed that the board is satisfied with its legal powers; that the board keeps under review the bank's supervisory practices and its approach to supervision; that the board endeavours to ensure that these are in line with international best practice and are subject to continuous modernisation and adaptation to meet the needs of a changing global environment. He also confirmed that the board is satisfied that the supervisory procedures and practices are being effectively implemented by the bank.

However, Deputies will be aware that the terms of reference of the Moriarty tribunal include a remit to make whatever broad recommendations the tribunal considers necessary or expedient for enhancing the role and performance of the Central Bank as regulator of the banks and of the financial services sector generally. I will give careful consideration to any recommendation it might make in this regard in due course.

While the Central Bank is subject to a very strict confidentiality regime, provision is made for the disclosure of information as required by a court in connection with criminal proceedings. In addition, the bank, under section 49(2) of the Investment Intermediaries Act, 1995, may disclose to the Garda, where it has reasonable cause to believe that a criminal offence has been committed, any information to enable further investigation of the alleged offence. Further, under the provisions of the Criminal Justice Act, 1994, the bank is obliged to report to the Garda a suspicion that any entity it supervises has committed or is committing the offence of money laundering or certain related offences. Money laundering in this context embraces tax evasion.

Let me repeat in the strongest possible terms my complete intolerance of those who engage in tax evasion and of those who assist or abet tax evaders.

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