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Dáil Éireann debate -
Wednesday, 11 Mar 1998

Vol. 488 No. 5

Finance Bill, 1998: Report Stage (Resumed).

Debate resumed on amendment No. 27:
In page 49, between lines 49 and 50, to insert the following:
"(ii) in subsection (1), in the definition of ‘qualifying trading operations' by the substitution of the following for paragraphs (a) and (b):
‘(a) the manufacture of goods within the meaning of Part 14,
(b) the rendering of services in the course of a service industry (within the meaning of the Industrial Development Act, 1986), or
(c) the rendering of services in the course or furtherance of a business of freight forwarding or the provision of logistical services in relation to such business where the rendering or provision of those services is carried on in an area or areas immediately adjacent to any of the airports to which section 340(2) refers.'.".
—(Minister for Finance).

(Mayo): Prior to the adjournment of the debate, I was in the process of thanking the Minister for accepting the thrust of the amendment tabled by Deputies Noonan, Kenny, Ring and myself on Committee Stage for which Deputy Kenny made such a good case. However, I want to express my disappointment and reservation in regard to the last few lines of the Minister's reply to a parliamentary question I tabled on 28 January. He stated:

When such projects come forward and are approved by the relevant authorities, the individual enterprise areas will be designated and submitted to the EU Commission for its approval. It should be noted that under the Commission's decision, the provisions for all of the enterprise areas covered by the 1997 Finance Act will have to terminate on 31 December 1999 instead of 30 June 2000. To date, no specific proposal from, or on behalf of, a company intending to carry on qualifying trading operations adjacent to Knock Airport has been submitted to me.

As of 28 January, no application for a qualifying project seemed to have been made. It is now March 1998 and the termination date has been brought forward by six months from 30 June 2000 to 31 December 1999. In view of the fact that no proposal has been made, and in view of the excitement which existed in regard to the potential effect of the designation of the airport, I urge the Minister to see what can be done to ensure the original date is adhered to.

Designation is crucial to the survival of this area and the maximum amount of qualifying activities should be included in that. The Minister will be aware, having worked in the area for a number of years, that it has been characterised as the "black triangle". It is an area which has been devastated by emigration and unemployment and has seen entire townlands and villages wiped out. I have, on occasion, drawn reference to the comparison between the number of townlands which existed in the area in 1926 when the first census of population was taken after the foundation of the State and the 1996 census. The figures speak for themselves. Townlands which were alive and vibrant in 1926 are now desolate and empty, but there is a great expectation that this area has arrived in terms of the potential of the airport designation.

I hope the representations made to Europe are successful and that, as stated in The Western People, “Pádraig will deliver”. In a December issue of The Western People, Commissioner Flynn stated that we were all in the same corner on this matter. If designation is not successful, certain people will be in a very tight corner indeed. I know the Minister will do his best and I hope Commissioner Flynn will deliver on his promises. He cannot say one thing in Castlebar and another in Brussels; the moment of truth has arrived.

I welcome the Minister's amendment. I was somewhat amused by some of the contributions made in the House before lunch. I am a new Deputy but I already seem to be rattling Deputy Kenny quite considerably. One would be forgiven for thinking that this amendment was not necessary at all because, in May 1997, prior to the general election, some very outlandish and over-zealous comments were made by Deputies from County Mayo about industries coming to Knock Airport. One would certainly have been forgiven for thinking that these were already included in the lists of designated companies. It was with some surprise that most people in County Mayo discovered that freight forwarding was not included in the definition of designated companies and with even greater surprise that they discovered that the EU seemed to know nothing whatsoever about the proposals.

I listened to Deputy Coveney's contribution before lunch and I want to compliment him as he seems a fairly reasonable man. I assure him that the reason this amendment is on the table has nothing to do with the contribution of Deputies Kenny and Jim Higgins but is due to my lobbying of the Minister, Deputy McCreevy. The previous Government could not deliver on this issue but this one will.

I thank the Minister for tabling this amendment because at present, as Deputy Higgins correctly stated, there is no proposal for any company to locate at Knock Airport. I believe there is only one proposal, under the tax designation as it currently stands, in regard to an airport in Deputy Coveney's constituency. It is very important for the future of Knock Airport, County Mayo and the western region as a whole that this definition is broadened to incorporate freight forwarding and other airport-related activities. Certain essential services are not currently available at Knock and, unless these are brought into being, it will be impossible for us to attract the industry which the airport so badly needs.

The Minister, Deputy McCreevy, finds himself in a very difficult position. As a result of the outlandish comments made earlier last year, which I can only regard as having been an election gimmick, the Minister finds himself in a position where EU attention has been drawn to this issue when it need never have been. Had the EU been consulted on the matter and had it been aware of the Government's intentions, it would not have been necessary for clarification to have been sought. If there is a difficulty in this matter getting through at EU level, it will not be the fault of this Government. The Minister, Deputy McCreevy, has done all he can do in including this amendment in the Finance Bill and every effort must now be made at EU level to secure approval on this matter.

I ask all Deputies to bear in mind that this is bigger than a mere political issue and is vital for the well-being of County Mayo. It is not a matter which can be played around with. There was a good deal of talk about The Western People article; the paper is probably getting good publicity from this debate. Tax designation for Knock Airport will benefit everyone in the western region. It has the potential to create many jobs if every effort is made at every level and if every support is given by Members of the House. I compliment the Minister and wish him well in his negotiations in Brussels.

I welcome the amendment. I addressed the problems facing Kerry County Airport on Committee Stage and I pointed out that, in order for designation to work, more incentives like this were required. As of now, the designation of Kerry County Airport has not created the vibrancy which might have been expected. These provisions, if successful in Europe, will hopefully do that.

Last year's accounts for Kerry County Airport were published recently and show that profits are down substantially on the previous year. That bears out my point that, in order for these regional airports to survive, they must have advantages over other airports. The Minister's amendment will not necessarily mean that Knock Airport or Kerry County Airport will have any advantages over Cork Airport but it will certainly provide them with an opportunity to develop their services.

We should ask ourselves why this package of incentives is not proving successful for our regional airports. The airports probably do not have the capacity to promote the incentives. Perhaps the Minister, in co-operation with the Minister for Public Enterprise, could put in place a promotional programme which would attempt to maximise the benefits of the incentive scheme. There is obviously a major incentive for operators but the message is not getting through. Perhaps a direct marketing campaign could be put in place to advertise this scheme, especially in view of the fact that the Minister's amendment would further strengthen it.

The Minister has done a good day's work. I compliment him on living up to his contribution when he was in Opposition. He spoke on last year's Finance Bill and pointed out that as a member of the Opposition and of a previous Government some years ago, he took a different view on the development of Knock Airport. He said last year that he supported its development, which he took on board when he had the opportunity to do something positive.

I explained on Committee Stage the reasons behind, and the mechanics of, the drafting of the designation last year. Deputy Cooper-Flynn chose not to be present at that meeting and I am not sure whether she heard what was said on her monitor. Perhaps she was preparing to lobby the Minister in the hallway. That method of government is fine as long as it achieves results. The important thing is that the Minister accepted our amendment and we can seek approval through the European Commission. Deputy Cooper-Flynn will also know that as the EU was not aware of the designation of the seven regional airport, neither was it aware of the designation originally given to the enterprise zones. We cannot have government by secrecy. It is as well these matters are known when they occur.

I thank the Minister for being a good and practical politician. This measure is important and the Minister and the Government have our full support in seeking final approval from the EU, in the hope it will lead to further development and provide the missing piece of the jigsaw.

I thank Deputies for contributing to this debate. The part of Mayo in which Knock Airport is situated is the part of Ireland I know best apart from my county. I spent many years there and the accountancy practice of which I was a partner has an interest in that area. I agree that it is the region of the country which has changed the most in the past 30 years. The population has declined, along with sustainable industries. However, there is a great vibrancy there despite the figures showing the Celtic tiger is not as strong. I wish everybody who goes ahead with any venture there well.

I seem to have featured in The Western People more often recently. I am sorry Deputy Cooper-Flynn only got me a line or two this week while Deputy Ring gave me a full page about three weeks ago, referring to me all over the front page. I think the headline may also have featured my name. I did not see the article, but it was brought to my attention. I would prefer to be on Deputy Cooper-Flynn's side of the argument.

Deputy Jim Higgins asked why the end date was brought forward to the end of 1999. In last year's negotiations which were not concluded until the middle of December, it was agreed that state aids for all EU states will end on 31 December 1999. It will be not be impossible for the Government to renew some of these measures because they will have to be included in the new state aids programmes. The cut-off date applies to the designation of airports, enterprise zones and other areas. That does not mean the Government will be unable to renew some of these incentives in a wide variety of areas. However, they will have to be considered under the new regime. That date was a prerequisite in order to get the package approved last December.

Deputy Deenihan asked about the promotion of the enterprise zones. As I said on Committee Stage, there is only one project on the table, which is in the Cork region. I do not know why nothing has happened since the changes were announced in the Finance Act, 1997. All the regional airports are aware of the incentive, as are Forfás, Forbairt and the IDA, which are responsible for promoting projects in the regions. It is not necessary to bring it to their attention again, but I am sure when these development agencies are promoting a particular region they bring this type of incentive to the forefront in dealing with prospective businesses which wish to come to Ireland.

I gave a detailed outline on Committee Stage of what happened in 1997. For one reason or another, qualifying activities did not include this activity. We went to the EU last week and I will include a commencement order in the Bill. Hopefully I will be able to convince the people in Brussels this is a worthwhile venture and it will get approval.

I am trying to stay away from the politics of County Mayo as I do not want to feature in The Western People as coming down on one side or the other. In fairness to Deputy Cooper-Flynn, she buttonholed me and rang me at all hours of the day and night on this issue, as did other Deputies on all sides of the House.

I believe she rang the Minister on Christmas Day.

It is not only the Mayo Deputies who lobbied me successfully, but also people not associated with County Mayo. We received representations from a wide variety of institutions and business associates of mine in that part of Ireland. I was lobbied incessantly by everybody and I hope the matter can now be brought to a successful conclusion.

Amendment agreed to.

I move amendment No. 28:

In page 50, between lines 23 and 24, to insert the following:

"(2) Paragraph (c)(ii)* of subsection (1) shall come into operation on such day as the Minister for Finance may, by order, appoint.".

Amendment agreed to.

Mr. Coveney

I move amendment No. 29:

In page 50, between lines 35 and 36, to insert the following:

"26.—Section 286 of the Principal Act is hereby amended by the insertion of the following subsection after subsection (2):

‘(3) In respect of any bus used for the carriage of members of the public there shall be available free depreciation for the purposes of determining what capital allowances are available to a person for any chargeable period.'.".

This is a focused and targeted amendment. It will provide free depreciation on buses which is a 100 per cent capital allowance in year one. This will allow financial institutions to provide competitive leasing rates and arrangements to Dublin Bus, Bus Éireann and private bus operators.

We are tabling this amendment because my party takes a great interest in the traffic difficulties of Dublin. It is evident, and Deputy Olivia Mitchell will speak at more length on this, that there are not enough buses and that many of them are not modern or in the best condition. If we are to make an impact, we must take some motor cars off the road and get people to use public transport. Public transport is acceptable when it is good, which is why the DART has been such a success. Some public transport systems are not successful because they are mediocre and serve no purpose. If we are serious about encouraging people to use public transport, which is necessary if we are to avoid gridlock, then we must invest heavily in it.

A related area is private bus operators. Every weekend private buses transport many people from Dublin to various areas. Some of these buses are in a poor condition and if a similar targeted provision was made for private bus operators it would ensure a higher quality service. The Minister for Education and Science is carrying out a study of the school transport system which is dying on its feet, so to speak, because of a lack of investment. Many of these buses are past their sell-by date and need to be replaced. There is a need for investment in buses at all levels. This is an expensive business and even the Celtic tiger cannot provide the funds required in the years ahead. I, therefore, commend acceptance of our targeted amendment by the Minister.

I urge the Minister to accept this amendment which attempts to reduce the cost to Dublin Bus and private bus operators of replacing, expanding and upgrading their fleets. The Minister has a clear choice between giving financial institutions incentives to invest in buses and lease them to Dublin Bus and directly funding the cost of replacing the fleet.

One element of the Government's strategy for dealing with the traffic chaos is to encourage people to switch from private to public transport. Obviously this cannot happen without an increase in capacity. When the matter is raised in the House the Minister for Public Enterprise repeats the Government's strategy like a mantra as if merely saying it will make it happen. If a strategy is to be meaningful it must be properly funded and implemented.

If we want to encourage a switch from private to public transport and alleviate the traffic problems in Dublin there must be adequate capacity. At present the capacity cannot meet the demand. It is ludicrous that the main transport provider in the capital city must fund the cost of new buses out of the yield from bus fares, while at the same time trying to cover everyday costs. The subvention paid to CIE is gobbled by the money hungry rail service. While this is understandable, it does not solve the problems of Dublin Bus.

We cannot allow the number of buses put on the road by Dublin Bus at any one time to be dictated by the need to break even financially. Such a situation is inimical to obtaining a switch from private to public transport. I am perplexed by the apparent inconsistencies in the Minister's response to this point on Committee Stage. He said he did not believe the traffic congestion was getting worse, yet later he said:

I predict that the city will grind to a halt some day, and that is the only way the traffic problems in Dublin will be solved. There will be gridlock for about five days and action will have to be taken to deal with it.

The public elects a Government to prevent this sort of thing happening; it is only the Government which stands between the public and this kind of anarchy. Given that the Minister has made this prediction, I hope he will take action to prevent it. I have often heard this type of remark, but responsibility for the solution rests on the Minister's shoulders. The only way the traffic problems in Dublin can be solved is by a proper public transport system which is adequately funded.

The budget was a missed opportunity in many areas. The DTO proposed that measures should be introduced in the budget to promote and finance public transport in Dublin. However, the main measure relating to traffic was the extension of the tax incentive to build car parks in the city centre. One does not have to be a transport expert to know that the availability of parking will lead to an increase in the number of cars in the city. The budget should have given incentives to provide park and ride facilities at designated sites on the public transport corridor or at the periphery of the city.

The Minister said the banks and financial institutions would use the measure proposed in the amendment to obtain tax breaks and that the State would lose tax revenue. While this is evident, the budget contains numerous measures designed to encourage certain behaviour and to discourage other behaviour. Our measure is a more efficient way of providing for the capital needs of Dublin Bus. In the past the Minister recommended this way of obtaining finance for the public sector. It would also be much cheaper than the cost of gridlock which is estimated at between £0.5 billion and £1 billion. The tax revenue foregone is conservatively estimated at £125 million. I am sure the Minister would not turn his back on the collection of this money.

I am not saying this amendment will solve all of Dublin's traffic problems. The provision and availability of buses is only part of the solution but it is a prerequisite to achieving it. I urge the Minister to accept this amendment even at this late stage.

We had a lengthy debate on this matter on Committee Stage and I will not repeat all the points I made. Deputy Mitchell referred to the incentives given for building multi-storey car parks. These incentives are coming to an end and all I can say is good riddance to them. She also said there is a cogent case for providing incentives to build car parks, multi-storey or otherwise, which are associated with the use of public transport, specifically park and ride facilities. It could be left to Iarnród Éireann or Dublin Bus to certify the car parks which could be used in association with public transport. We should not have given incentives to build multi-storey car parks which merely encourage commuters to bring their cars into the city centre.

Given current budgetary circumstances, the replacement of the Dublin Bus fleet should be funded by way of direct subvention. This was done in the case of Iarnród Éireann's rolling stock on some routes. There is a crying need there. As I understand it, a large part of the fleet needs to be replaced over the next five years or so. There is also a need for an additional fleet of Imp buses, which are popular with commuters. I understand that Dublin Bus does not have enough of them as things stand. I appreciate this will not be cheap, but it is clearly within the realm of a transport infrastructure in which we should invest. While I do not need to go into a graphic description, we are all well aware of the gridlock which currently pertains in Dublin city.

It is not frequently appreciated that the subvention to Dublin Bus is very small, amounting to 1 or 2 per cent of its total running costs, and has been rapidly decreasing in recent years. A public perception is fostered by commentators with an ideological viewpoint, that Dublin Bus is subvented up to the hilt but nothing could be further from the truth. As Deputy Mitchell has already pointed out, the overwhelming part of the subsidy to CIE companies goes on rail and Dublin Bus is subvented only to a tiny degree.

For many years we have undercapitalised so many of our public companies, including Dublin Bus. While I appreciate this may not always be the case, I urge the Minister in current circumstances to invest directly in the transport infrastructure of Dublin Bus by directly subventing the purchase of a new fleet.

I support my Fine Gael colleagues. I urge the Minister to accept this worthy amendment. We should view fiscal measures as a way of improving the quality of life and of our environment. I commend the Minister for accepting, on Committee Stage, Deputy McDowell's amendment concerning solar power. We have a serious problem, however, in Dublin. The Minister is aware that we are approaching gridlock. We also have a serious air pollution problem, much of which is due to buses. We know there is a problem in relation to volatile organic compounds and compounds such as PM2.5s and PM10s. These terms may not mean much to people but the EPA report shows we have high levels of these compounds which are highly carcinogenic. People are dying in this city because of air pollution and one way to tackle it is by investing in clean buses. I urge the Minister to consider this because people's lives are on the line. We are talking about young children and the elderly suffering from respiratory illnesses, including asthma. I hope in future we will not use diesel buses but will have the best type of LPG or natural gas buses.

In addition to investing in these, we also need to speed up the process, as advocated by the DTO, by designating more quality bus corridors which have been slow to come into service.

I have had discussions with Dublin Bus and privately there is a great deal of frustration in that there is not much subvention compared to other countries where, as a matter of course, public transport is seen as a public service. That approach means having more efficient cities.

Deputy Mitchell already referred to the fact that we are losing about £500 million but that is only in terms of delay; it does not take into account the levels of stress caused and other health implications. We can be extremely short-sighted in not taking into account the external costs. So often, by using only basic arithmetic, we do not see the whole story. For those reasons I urge the Minister to accept the amendment. We can use fiscal measures to improve the quality of life.

The amendment seeks to provide accelerated capital allowances up to 100 per cent in year one for capital expenditure incurred on the provision of buses. The present capital expenditure on buses can be written off over five years at the rate of 20 per cent per annum. Taxis and cars for short-term hire are entitled to 40 per cent per annum. Since the early 1990s accelerated capital allowances have generally been phased out in a general reform of the tax system with the objective of broadening the tax base. However, prior to these reforms, at no stage were buses entitled to accelerated capital allowances.

The move in the direction now suggested would seem to be a retrograde step. There is also the significant consideration that accelerated capital allowances for buses would encourage financial institutions to become involved in the leasing of buses. This would be inevitable. Accelerated capital allowances could not, for instance, be availed of by CIE or Dublin Bus because of the lack of taxable capacity to absorb the allowances. However, financial institutions could avail of the allowances and would benefit substantially as lessors. The consequence would be a reduced tax yield from financial institutions.

There is the further consideration that measures such as this, which may be intended to provide extra bus capacity as an alternative to other forms of transport, should not be considered in isolation. A much broader view needs to be taken of the transportation area as a whole, bearing in mind the future requirements of the various competing elements in the system — in particular, that the lack of accelerated capital allowances is curtailing bus activity.

We had a lengthy debate on this matter on Committee Stage. I commend the Deputies on, at least, debating the transport issue and the deteriorating traffic in Dublin which, in addition to its economic cost, is causing stress to many people.

I recognise the bona fides of the Deputies in making their contributions and I would accede to the amendment if I could be convinced that this measure would do anything to alleviate the traffic problem in Dublin. However, I am not so inclined because I cannot see that providing free depreciation — meaning writing off the capital expenditure on buses — will do anything to alleviate the traffic problem in Dublin. It would give rise to another form of tax-based leasing which the financial institutions would take up. It would lessen the return on corporation tax from the financial institutions and, therefore, lessen the take coming into the Exchequer. That, in turn, would lessen the amount of money I could use to subvent Dublin Bus and the other services. It would be a decreasing circle.

While I am on the subject of tax-based leasing, it should be borne in mind that all the incentives, some of which I introduced myself, involve a cost to the ordinary taxpayer. People generally forget that if one approaches the Government with a proposition to spend £50 million or £60 million it becomes part of the Exchequer Vote on expenditure. People do not regard it as any loss to the Exchequer under a tax-based incentive scheme, but it is the exact same cost to the Exchequer because the tax is foregone. In all these tax-based leasing incentives, one must take into account the tax that is foregone. If we return to a system of giving free depreciation — a system we left many years ago — to help Dublin Bus, it will mean nothing to the company. This is because it does not have a taxable income in order to pay a tax liability.

Presumably, a financial institution would buy the buses and lease them to Dublin Bus or CIE because it would have sufficient rental income to offset the free depreciation on the capital allowances. The financial institution would then possibly give the lease at a lower rate to Dublin Bus or CIE. We had this debate many years ago concerning section 84 leasing and other matters, but the principles are broadly the same. I am trying to point out to Deputy Mitchell that free depreciation, or accelerated capital allowances as it is phrased in the amendment, will do nothing directly for Dublin Bus. It would have to be taken up by a lending institution that would do it in the way I have described. There would be a loss to the Exchequer, however, in that the lending institution would lower its tax burden because it would have a legitimate write off. I would end up with less money for the Exchequer while the company itself would have higher after tax profits.

This amendment will do nothing to alleviate the traffic problem in Dublin. As I outlined, there is a cost in any of these incentives and people should bear that in mind when putting forward such proposals which do not clearly show the tax cost. I outlined the cost of various reliefs in reply to a number of parliamentary questions, including a recent question from Deputy Gormley on the cost of the seaside resort relief scheme, which is also a tax based incentive. I understand he put down a series of questions on the cost of those particular schemes. He is now proposing a tax based scheme which will also involve a cost. I do not want to make a political point but the argument being made is illogical. I understand the reason Deputies put forward such arguments. It is not as clear a cost as, say, CIE getting £105 million every year.

During the debate on Committee Stage I gave vent to my feelings about the traffic problem in Dublin. I am an expert on travelling to the city centre because for the past 31 years I have travelled in from County Kildare either on the Galway or the Naas Road. For eight of those years I travelled by CIE provincial bus and I have seen many changes in that period. I have also witnessed improvements in the roads approaching the city and those in the city centre. I had to travel through various parts of the city centre during all that period towards Sheriff Street, St. Stephen's Green or Belfield and back to the other side of the city centre, but always through O'Connell Street and I have seen the traffic problem getting increasingly worse over the years.

On Committee Stage I expressed the view that this problem will not be addressed until there is gridlock in the city. Many suggestions could be put forward to alleviate the traffic problem in Dublin which could be put into effect as part of a total package but there is one obstacle in that regard — democracy. If we tried to alleviate the traffic problem in Dublin by operating a definite system from 1 January next year, there would be an outcry from various sectors. Politicians would be harried by car owners and others and it would be impossible to operate the system. This problem will not be addressed until something dramatic happens overnight, such as total gridlock in the city of Dublin. I am reminded of the film "The Italian Job", produced over 25 years ago, which involved pulling off a major scam by creating gridlock in the city.

Various proposals have been put forward from a variety of sources on how to address this problem. If they were to be put into effect there would be a degree of inconvenience for a certain period. However, people would not be willing to accept that and the Government responsible for introducing the measure would be harried by the Opposition. Public acceptability would not be forthcoming. Piecemeal solutions will not address the traffic problem in Dublin but we will not see the difficult decisions being made until something dramatic happens. I have held that view for the past 20 years.

With the Celtic tiger making gigantic leaps in recent years, there has been an increase in car ownership and the growth in prosperity will further exacerbate the problem. In regard to car ownership in Ireland, I was alarmed to hear from one of my officials before the budget that we are considerably below the UK average per 1,000 of population and even further below the EU average. Car numbers will increase and I do not know where they will be accommodated on the streets of Dublin. I gave the actual figures for car ownership on Committee Stage.

Deputy McDowell approached this problem from a different angle and there is some logic in that approach. He is not in favour of tax relief for multi-storey car parks. I understand where he is coming from in that regard and he is glad this relief is being phased out although he is not necessarily against tax relief for park and ride facilities as part of a total plan. There is little point in me putting forward the idea of tax reliefs for park and ride facilities but they should be considered in the context of a comprehensive and integrated traffic plan for Dublin.

I expressed the view on Committee Stage that, from my own survey, I have calculated that 19 out of 20 cars travelling from the suburbs of Dublin have only one passenger. If car numbers increase something dramatic will have to occur before the problem is resolved.

Deputy McDowell also raised the question of giving a direct subvention to Dublin Bus. The subvention in 1997 was approximately £105 million.

That was for CIE as a whole. Dublin Bus did not get any of that.

Dublin Bus pays its own way.

For a period of my life I worked for an accountancy practice which produced the school transport bill for the Department of Education and Science and the figures made interesting reading. I understand the cost now is in the order of £30 million or £33 million. In the period to which I referred the cost was approximately £6 million. I learned a great deal about the accountancy techniques of CIE in allocating costs over a wide variety of activities, including Dublin Bus.

Deputy Gormley referred to the additional costs of subventions and tax reliefs. I accept there are other costs in the health area and elsewhere but I do not believe this particular measure put forward by Deputy Mitchell will have any effect in alleviating the traffic problem in Dublin.

Does the Minister see any scope for using the tax system as an incentive for car users not to use their cars? The Minister referred to 19 out of 20 cars having only one occupant.

That was my own survey.

The figure is certainly large and I concur with the Minister in that regard. If the Minister is not prepared to accept Deputy Olivia Mitchell's amendment, will he consider similar proposals which would have an effect? As a practising accountant the Minister will be aware that using the MED 1 form people can claim back their medical expenses for the previous year. Is there any reason a combination of the proposal put forward by Deputy Mitchell and one which would allow people using Dublin Bus, regardless of whether they are from Dublin, who purchase an annual commuter ticket at a cost of £200 per year, claim it back against tax as they claim back medical expenses could not be considered.

The tax system is used for all sorts of incentive purposes. Notwithstanding what was said by the Commission on Taxation about some of these matters, we retain VHI, medical expenses that are not refundable, mortgage interest relief and so on. The business expansion scheme has been used in various parts of the country and there is a need for some incentive in Dublin. If the proposal put forward by Deputy Olivia Mitchell, which is a very imaginative one, was combined with a proposal to allow commuters to purchase an annual ticket, with a photograph to ensure it is not transferable, for use on Dublin transport by people in the State, that might encourage the use of public transport. Since the MED 1 form is simple, it would be relatively easy to introduce such a system.

If banks were induced to provide additional buses for the Dublin Bus fleet, as proposed by Deputy Olivia Mitchell — that is only one of a number of imaginative proposals put forward by the Deputy in a recent policy document — and commuters were allowed claim the cost of their travel ticket against tax, many people would use public transport and leave their cars at home. Some such incentive is needed. If the Minister puts his mind to address this question, there is room to do so in the tax system.

The proposal for the £1,000 car scrappage scheme was put forward for a number of years before it was taken on board in a Finance Bill. If I recall correctly, Minister after Minister rubbished the idea and said it would not work for all sorts of reasons, such as the Minister put forward today. Yet that scheme worked and the industry's comments on it were correct. If we learn from the experience of the section 84 provision, which created problems for the Exchequer in the context of the banks, and consider some adaptation of that system, embracing the proposal put forward by Deputy Olivia Mitchell, together with the proposal for an incentive for the commuter to claim the cost of an annual ticket against tax, the tax system could be used as part of the fight back against the serious transport problems in Dublin.

I ask the Minister to reconsider this proposal because it could be a practicable one.

The Minister is excessively fatalistic about this proposal.

I could be wrong.

Use of public transport along the DART corridor is significantly greater than in parts of the city where the DART is not available — 50 per cent as compared to 25 per cent. There is reason for hope there and there is a proven record for public transport. Does the Minister intend to follow the route of direct subvention in renewing the fleet for Dublin Bus? I would not support section 84 base leasing again. It allowed financial institutions to reduce their taxation to a level that was unacceptable and I would not support anything of that kind.

Mr. Coveney

The Minister, in his seductive and charming way, responded to a number of our amendments today by saying that a much broader approach is needed, and we do not deny that, but those measures would be of assistance. I do not understand why setting up interdepartmental committees and groups to study issues, as referred to by the Minister on a number of occasions, should stop us in our tracks, thereby allowing a gridlock. This is a constructive proposal which should be considered.

It is not true to say it is all the same whether we pay for buses or give incentives to financial institutions to fund them. If the State agrees to pay £100,000 for a bus, that is the amount that will be spent by the State. If an efficient leasing system was introduced, the most the financial institution could leverage would be £100,000 at the current tax rate, but Bus Éireann or whatever company is involved would negotiate such a low leasing rate that it would take up some of the tax benefit. To infer, as the Minister did, that we either pay for the bus or lose that amount in tax is not correct.

There is a cost relating to the tax-based incentive.

Mr. Coveney

I accept that. I note Deputy McDowell's comments on section 84 and I accept there have been alleged abuses in that regard. From the point of view of the Exchequer, however, which will not always be in as good a position as it is today — the Minister will say it is not now in a position to spend money left, right and centre, which is needed to replace the bus fleet — this kind of carefully targeted scheme would to some extent alleviate the problem. It would certainly result in the purchase of more buses. The Minister's dismissal of the proposal because a broader approach is needed and because it would not be effective in financial terms is not compatible with the reality and the need that exists. Will the Minister reconsider the amendment?

Excellent points have been made by all Deputies. The same points are made in a document by the ESRI, edited by Sue Scott. On the polluter pays principle, is the Department seriously considering the proposals in that document? There is a proposal relating to energy tax, to which the Minister is not favourably disposed, but there are other proposals which address many of the problems raised today. Will the Minister consider those issues in future Finance Bills?

I wish to say a few words on behalf of country people. I have heard much about Dublin city and the gridlock, but the position is similar throughout the country.

There is a gridlock on Little Island.

Some measure must be introduced to improve the quality of buses, whether school buses or otherwise. I ask the Minister to examine this matter for the next budget or the following one — he will be in office for another three or four budgets and will have an opportunity to consider this proposal. There is need to replenish the transport system and if it can be done through the taxation system at less cost to the Exchequer, that approach should be adopted.

I am not competent to comment on the amendment as drafted by Deputies Olivia Mitchell and Coveney, but it focuses on one of the most urgent problems facing the country, particularly this city. I do not wish to misrepresent the Minister, but to suggest that there must be a gridlock, as in "The Italian Job", before we can deal with the traffic crisis in Dublin is unacceptable from him. There are a great many issues with which we preoccupy ourselves and which people outside consider are somewhat esoteric but they certainly do not consider the present traffic gridlock in this city as esoteric. There is a requirement on the Minister to respond positively to it.

Deputy Gay Mitchell made a fair point about the successive Ministers who told us why a car scrappage scheme would not work. I know that my friends in the Department of Finance who I revere highly would not have ten year old cars, but nonetheless I know they are now convinced of the wisdom of the scrappage deal when it applied. It may well be that they will come to be convinced of something along those lines to replace and augment the bus fleet.

The Minister will have to do something when it becomes clear to the public that his colleague, the Minister for Public Enterprise, has put the Luas project at risk. It is all very well for Deputy McDowell to talk about the contribution which has been made on the eastern corridor, but on the western side of the city the entire Luas project is now in danger of collapse because of the procrastination that has taken place. That will create a greater urgency behind Deputy Olivia Mitchell's proposal.

We have had a very good tempered debate on this Bill and many homilies from the Minister. No man has packed so much living into so few years as the Minister, but homilies and homespun philosophy will not deal with this gridlock problem. There is a requirement on the Minister to state, in reply to Deputy Mitchell, what the Government will do about it.

The Minister said he had no evidence that a lack of allowances is curtailing the availability of Dublin Bus. What is curtailing the availability of Dublin Bus is the absence of any form of subvention which would allow it to run additional buses. Anything which will reduce Dublin Bus costs will allow it to put additional buses on the streets.

I realise this amendment may be a tortuous way to proceed in that it is working through a third party in order to achieve a reduction in Dublin Bus costs. I understand fully the notion that revenue forgone by the Exchequer is just as real as money spent by the Exchequer, but there is an obvious trade-off in the increase in revenue which can be gained by the huge increase in productivity which could be achieved in this city if virtually every business was not losing hundreds of man hours every week as a result of congestion.

If the Minister lived in any Dublin suburb he would understand the problem. Every day of the week there is something dramatic happening in the form of traffic chaos in Dublin. It is becoming impossible to live in the city. The quality of life has deteriorated beyond belief, quite apart from what is happening to the economy.

I disagree with the Minister's point that democracy is stopping action taking place, that somehow democracy prevents any action by the Government. Even in a democracy the Government is expected to show leadership, and the public is crying out for leadership, for somebody to grasp the nettle on the issue of Dublin traffic.

I accept it is difficult to change people's behaviour and encourage them to leave their cars at home and use buses, particularly when over many years cars served them well and met their transport needs. It is a long established practice and it is difficult to change that type of behaviour, but the public is ready for such a change. It has always been accepted that implementing a switch from private to public transport would require a carrot and stick approach. The carrot must be the availability of a good public transport system and that must be provided before one can start beating the public out of their cars. Even the donkey gets the carrot before the stick. I plead with the Minister to consider accepting this amendment.

I regard the situation pertaining to traffic in Dublin as very serious and that is why I spoke about it at considerable length on Committee Stage. However, although I acknowledge Deputy Mitchell's goodwill in this regard and her innovative ideas, I do not accept that this amendment will do anything to alleviate the traffic problem in Dublin.

I am not ruling out for all time tax incentives which could improve the traffic flow. I am willing to consider for next year's budget some of the Deputy's ideas. He used the analogy of the MED 1 form, that the cost of an annual Dublin Bus ticket incorporating the person's photograph could be allowed against tax. I am not against innovative thinking in this regard. As I said in reply to Deputy McDowell's suggestion, it may be possible in future years to introduce tax incentives for park and ride facilities around the city.

More people would use public transport in Dublin if they thought it would be reliable and effective and it would get a person from one point to another in reasonable time.

Mr. Coveney

That is why we need investment.

That is in regard to reliability. However, with regard to its effectiveness, the traffic situation is so chronic in Dublin that, despite the existence of bus lanes, buses are held up everywhere. Therefore, only when the whole traffic problem is solved will it be possible to implement an effective plan for public transport — the two are well linked.

I live in Celbridge, County Kildare, which is regarded as a suburb of Dublin. Such towns have grown to such an extraordinary extent due to the overflow from Dublin that the traffic in them, and between them and Dublin, is colossal throughout the day. It is impossible to get around those towns and commuters to Dublin in the morning and evening experience very heavy congestion. We can introduce tax incentives and I am not ruling that out. They may play a part, but Dublin needs an integrated traffic plan to alleviate the problem.

I gave my personal views on the problem. I stated that if we wanted to be radical about it we should set in place measures which the public will not be prepared to accept. That is why I used the analogy of what I saw in the film "The Italian Job". Something desperate will have to happen so that people will accept some of the measures which will have to be implemented eventually. It is not possible to introduce piecemeal solutions and this amendment will not go any way towards solving the problem. I have been told by one of my officials that some years ago the authorities in Amsterdam gave motorists, whose cars contained at least three people, a monetary reward on the spot.

Free dope?

However, I am also told by one of my officials that that did not work well. I would never have thought of that suggestion.

Transferring the red light of Amsterdam to Dublin would not solve the problem.

Deputy Rabbitte may speak for himself in that regard.

All these suggestions can be considered. The Minister for Finance has a limited role to play in alleviating the Dublin traffic problem. Not only have I stated my views in this House but I did so in other fora also.

All these problems are addressed in the ESRI report.

Amendment put and declared lost.

Mr. Coveney

I move amendment No. 30:

In page 51, between lines 30 and 31, to insert the following:

"(iii) a building or structure to which section 343 applies,".

This amendment refers to the limitation on the availability of capital allowances to investors capped in any tax year at £25,000. We agree with the Minister's approach in that matter generally. This amendment, however, would exclude from that buildings in enterprise zones which are generally, if not always, located in areas of economic need and/or adjacent to areas of high unemployment. I am reminded of Gallanstown, formerly the Semperit site, which was established as an enterprise zone and the airports referred to earlier. These are targeted at high unemployment black spots or areas where there is a need to generate economic activity. The amendment is reasonable to the extent that it would limit investment in those enterprise zones which, in any event, have a short and defined life. We are not advocating extending capital allowances on an indefinite basis; they should only be extended for the duration of the enterprise zone designation.

There is a difficulty in respect of this amendment. I am not sure that, as drafted, it will have the effect claimed by Deputy Coveney.

Deputy McDowell is correct. Deputy Coveney's contribution may be more appropriate to amendment No. 31. Amendment No. 30 will not do what he alleges.

Mr. Coveney

Amendment No. 31 relates to hotels.

It does, but it also deals with the restriction of capital allowances.

Mr. Coveney

I apologise if that is the case. Am I correct in assuming that amendment No. 30 does not relate to this issue?

It relates to enterprise zones. I will read my speaking note on amendment No. 30 into the record and, perhaps, that will be of help to the Deputy.

Amendment No. 30 relates to section 27 which extends the determination date for the scheme of tax relief for the designated seaside resort areas by one year, from 30 June 1998 to 30 June 1999, to facilitate the completion of pipeline projects. If this extended period is to apply, certification will be required from the relevant local authorities if at least 15 per cent of the total cost of the project was incurred by 30 June 1998.

The amendment appears to propose that buildings or structures coming within section 343 of the Taxes Consolidation Act, 1997 should be brought within the scope of section 27. These are buildings or structures located in enterprise areas. The intention would seem to be that the qualifying period in respect of such buildings should likewise be extended to the end of June 1999. Relief for buildings in enterprise areas was originally provided for a three year period from 1 August 1994 to 31 July 1997. This time limit was already extended by one year to 31 July 1998 in the Finance Act, 1997. It is this corresponding one year extension that is now being provided for the resort areas in section 27. There can be no question of a further one year extension in the case of enterprise areas.

I should point out that enterprise areas, in addition to other areas covered under the 1994 urban renewal scheme, will benefit from the existing extension of five months to the end of December 1998 which is provided for in section 24, subject to the necessary conditions being fulfilled. In the circumstances, I cannot accept the amendment.

The Deputy is seeking to extend the extension limit applying to enterprise zones to enterprise areas. However, the purport of his remarks related to the Gallanstown area. Restrictions in respect of capital allowances are more pertinent to amendment No. 31 and not amendment No. 30.

Mr. Coveney

I am prepared to withdraw the amendment.

This amendment relates to extending the deadline for enterprise areas to 30 June 1999. The current position in respect of enterprise areas is as follows. The deadline for old areas such as East Wall has already been extended by one year to 31 July 1998. With regard to new areas such as Finglas, Gallanstown and the regional airports, the deadline has been shortened by six months, to comply with the EU directive and EU approval, from 30 June 2000 to 31 December 1999. The amendment is unnecessary in so far as these enterprise areas are concerned. The Deputy's remarks are more pertinent to amendment No. 31.

Amendment, by leave, withdrawn.

Mr. Coveney

I move amendment No. 31:

In page 55, to delete lines 38 to 50 and in page 56, to delete lines 1 to 40 and substitute the following:

"(5) This section shall not apply to an allowance to be made to an individual under Chapter 1 of Part 9 in respect of capital expenditure incurred on or after the 3rd day of December, 1997, on a specified building where before that date—

(a) (i) in the case of construction, the foundation for the specified building was laid in its entirety, or

(ii) in the case of a refurbishment project, work to the value of 5 per cent of the total cost of that refurbishment project was carried out, or

(iii) (I) in the case of a project, a notification of a decision to grant planning permission had issued, and

(II) work to the value of 2 per cent of the total cost of that project was carried out, and

(III) after that date a further 3 per cent of the total cost of that project was incurred by 1 June, 1998 under a binding building contract,

or

(b) an application for planning permission for the work represented by that expenditure on the specified building had (in so far as such permission is required) been received by a planning authority before the 3rd day of December, 1997.”.

While we agree with the principle of the Minister's general action regarding the limitation of the use of capital allowances for hotels outside the seven nominated counties, we are concerned about the transitional arrangements which seem to be preventing some excellent and genuine projects from proceeding. People have been genuinely upset in instances where they believed they had complied and where, for example, formal written commitments from investors were required by the Revenue Commissioners — I presume they were only operating the law — before planning permission could be obtained. In many cases it would be extremely difficult and unrealistic to obtain a formal written commitment from an investor for a project in respect of which planning permission had not been granted. Most potential investors would not enter discussions with a developer who had not obtained planning permission.

I look to the Minister to accept the amendment so that a measure of short-term flexibility could be implemented in respect of the proposed transitional arrangements. That is the purpose of the amendment.

I return to the point I made, apparently erroneously, in respect of amendment No. 30, about capping tax at £25,000. We believe the Minister is correct in that regard, However, in the case of enterprise zones, which are generally located in areas of economic need and or adjacent to areas of high unemployment — this is an EU requirement for approval — we believe the cap ought to be removed for the duration of their designation period, which is specified and relatively short. In that context, I referred to the regional airport and the Gallanstown project, formerly the Semperit site, which was specifically established for the purpose of generating employment in an area which experienced a traumatic loss of jobs.

This amendment refers to a project of which the Minister is aware. Anomalies have arisen by virtue of the fact that the developer was asked to proceed in respect of the normal requirements, particularly those relating to planning permission, which predated the Finance Bill. I hope the Minister will give consideration to this project — I am not sure if it is the same one as that referred to by Deputy Coveney — in terms of the cost benefit analysis to the State. The project is situated in an area where there is no other assistance available, no urbanisation and no tax incentives for urban renewal. The county in which it is situated does not have access to many airports or seaside resorts. The project is completely dependent on what was publicised and made available to other areas last year and before.

The developer in question proceeded in good faith with the guidelines laid down by Revenue and the previous Finance Act. When he had invested money in the initial planning stage and in the project, the Minister announced his intention to introduce a cap. The project will become uneconomic if the benefits previously available do not accrue to the area in question. I am sure the Minister is aware of the project to which I am referring as he met the developer involved. I do not wish to place on record the name of the developer or the project with which he is involved. However, the Minister should give consideration to the amendment because it would overcome the difficulty to which I referred.

Acceptance would not open the floodgates because there are few projects which come within the parameters of this carefully worded amendment. The Minister should take account of the good faith in which the developer originally proceeded. I urge him to accept the amendment because it would make a significant and important contribution to the project with which I am involved. That project would not subject the Exchequer to any unusual demands and it would have a cost benefit analysis of approximately £3 million.

Mr. Coveney

I was referring to the same project.

I am delighted that section 30 is included in the Finance Bill and I would hate to see it negated by an amendment such as this. In my maiden speech in the Dáil I raised the question of capital allowances and their use by very high earners to become very wealthy. The allowance was so generous that it would have been stupid of very high earners not to avail of it. There are few very high earners who have not in the past availed of the capital allowances provision to make themselves more wealthy and, at the same time, avoid paying tax. In that same maiden speech I suggested that the question of stallion stud fees should be looked at, and Deputy Ferris very quickly took me to task for it. This amendment is badly constructed. First, it provides that planning must have been granted. Then it states that the section should not apply if an application for planning permission has been received by a planning authority. Obviously, a planning permission cannot be granted unless the planning application has been received by the planning authority.

In the Act the section which applies to the individual has been deleted. If subsection (6) were retained after this amendment were accepted, it would be meaningless and would not apply to anything. It is necessary to retain lines 32 to 40 whereby an individual has to be in negotiations, even preliminary negotiations, not necessarily, as Deputy Coveney has stated, formal written commitments. The Act refers to preliminary negotiations. I am sure the Revenue Commissioners will go with the spirit of the Act, and if preliminary negotiations have been entered into between investors and developers, that will be accepted.

Mr. Coveney

It is not being accepted, and that is the problem.

The Deputy does not know that because the Bill is not in place yet. The Deputy just suspects that it would not be accepted. However, I have found the Revenue Commissioners to be very fair at all times in accepting the spirit of legislation in the way it was intended rather than interpreting it in the way the Deputy considers it should be interpreted.

I am concerned that there are projects where, if written negotiations, preliminary negotiations are not required, a number of very wealthy people will find homes for large sums of money in ongoing developments. It is only a small golden circle that benefits.

Mr. Coveney

I support what the Minister is doing about that. The amendment refers to purely transitional arrangements for a small number of projects.

It is not, under any circumstances, a small number of projects. The Deputy is aware of one project and Deputy Ferris is aware of another.

Mr. Coveney

It is the same project.

The Minister is aware of another, and I am aware of yet another. I do not know about the Deputy's project, but I do know that if this £25,000 barrier and the date of 3 December are not inserted in the Bill, it will be availed of by some very high earners to avoid paying tax.

Mr. Coveney

I agree with the Deputy about that.

That is exactly what we want to stop. For that reason I am against this amendment.

The Minister is very aware of a project in my area that may not go ahead because of the announcement in the budget. The Department is trying to facilitate the project, and this amendment would help. The difficulty was that planning permission was applied for in respect of a hotel project in a tourism area. Planning permission was obtained from the local authority but, two or three days before the final day for objecting, a third party objected and took the appeal to An Bord Pleanála and the board turned down the project. Agreement has now been reached with the third party objector and a new application is ready to proceed. This amendment would enable this very worthwhile project to proceed. The Minister is familiar with the project and with the area, and he is aware that a lift for tourism in this area is badly needed. I hope this amendment will be accepted and will help this project.

I want to correct the impression that might have been given by Deputy Ardagh's comments that the Opposition is in some way seeking to circumvent this proposal. Nothing could be further from the truth. I repeat my explicit support in the past for the measures the Minister is adopting. The amendment tabled by Deputies Ferris and Coveney is seeking simply to address the transitional arrangements which apply to projects which had permission before 3 December last. That is reasonable. We support the measure to restrict capital allowances for passive investors to £25,000. However, it is appropriate that we ensure that we do not do an injustice to decent projects that were in the pipeline.

I support this amendment. I too am familiar with the project referred to by Deputies Coveney and Ferris, and I am aware of the hardship that will be created as a result of this provision in the Finance Bill. There is a need for hotel development throughout the country, not only in the counties designated for special hotel development. There is a need for a large number of hotels if we are to spread the tourist spend throughout the country, which is the desired objective of Bord Fáilte. I am aware of only two projects, one in Wicklow and the other in Tipperary, that would be affected by this provision. Surely the Minister has the personnel to quantify what this would mean in terms of lost revenue. He will find that it does not amount to a large amount of money. The Minister should consider it because it will result in financial ruin for a few individuals who went ahead with their projects unaware that this provision would be included in the Finance Bill. If the Minister were personally aware of the hardship this will create he would be sympathetic to the operators involved.

Deputy Coveney is asking for reasonable transitional arrangements to ensure that these operators can put their investors in place, which they did not have the opportunity to do before 3 December. I do not see this as a tax shelter for the large number of people referred to by the Minister's colleague. I see it as a genuine investment. If the Minister will not accept this amendment a very good project in the region in question will be abandoned and a few individuals will suffer financial hardship. I ask the Minister to look at this very carefully. He has accepted only one amendment tabled by the Opposition since this debate began. This is one the Minister should consider seriously.

The amendment is concerned with the transitional provisions relating to capital allowance restrictions introduced with effect from budget day. These restrictions arise from the need to maintain a balance between the use of the tax system as an instrument of investment policy and the use of various tax incentive schemes by high net worth individuals to shelter excessive amounts of income against income tax. For some time, highly tax efficient schemes have been marketed aimed at high net worth individuals, encouraging the investment of large sums of money in property at little or no risk to the investor and at maximum cost to the Exchequer. In some cases, individual investors, facilitated by the low cost of borrowing, are putting up seven figure sums for individual projects.

The purpose of this measure is to restrict the amount of capital allowance available to individual passive investors on industrial and commercial buildings, including hotels. Subject to transitional provisions, the restrictions will apply generally to expenditure incurred after budget day on such buildings, including those in tax designated areas. The restrictions will not, however, affect investments made by an individual owner-operator of a business, by an individual actively engaged in the operation and management of a business, investments made by individuals, including a passive investor in three star or better hotels in the counties of Cavan, Donegal, Leitrim, Mayo, Monaghan, Roscommon and Sligo, other than in seaside resorts in those counties, or investments made by companies, including financial institutions in any of the developments in question.

The amendment substitutes new transitional provisions for those already in place in the section dealing with industrial and commercial buildings other than hotels. It has the effect of dropping all the requirements relating to the need for individuals to have entered into an obligation, preliminary commitment or agreement prior to budget day. Since the restrictions apply to certain individuals only, namely passive investors, it is logical that the transitional provisions should not be exclusively set in terms of how advanced a building project is at a particular time. The requirements relating to an obligation or preliminary commitment are positive and designed to facilitate building projects yet to get off the ground. Dropping these requirements could, therefore, have a negative effect and could rule out investment projects where investors had agreed to invest in a project, but the only action taken was an application for planning permission.

The amendment would also rule out a number of facilitatory measures which I have added since budget day. These are designed to allow projects to benefit from the transitional provisions in a number of ways, for example, where a building is for a project approved for grant assistance in the two years prior to budget day; where, in the absence of a planning application, it can be established that plans were in place and that detailed discussions had taken place with a planning authority and a written contract was in place before budget day; where a planning application was received or detailed discussions had taken place and negotiations were in progress before budget day, leading to the signing of a written contract before 1 May 1998. That was extended from 1 February on budget day.

These provisions allow investors the benefit of actions taken long before any construction has necessarily taken place and dropping them, as proposed in the amendment, would have serious consequences for many investment projects. The amendment seeks to insert a number of additional clauses in the transitional provision, the first of which identifies a situation where "a notification of a decision to grant planning permission had issued". This is unnecessary as the provision already provides for circumstances in which a planning application has merely been received by a planning authority. The other clauses provide for cases where 2 per cent of expenditure was incurred before budget day and a further 3 per cent by 1 June 1998. The provisions already in place, which relate to work in progress or expenditure incurred, represent a reasonable attempt to provide for projects which have already got under way. These provide for projects where the foundation was in place or 5 per cent of the refurbishment work was completed before budget day.

The purpose of the restrictions is to ensure that individual passive investors cannot use tax incentive schemes to shelter excessive amounts of income from tax. In this way, it is hoped the use of tax incentives to encourage targeted development can coexist with the principles of tax equity which require all taxpayers to contribute to the provision of State services. Since budget day I have relaxed the transitional provisions considerably. This amendment, by breaking any link with obligations and commitments entered before budget day, could disimprove the position for cases currently meeting the transitional requirements. The restrictions are also limited in that they close off only one of a number of routes to development projects, namely, the passive investor route. Owner-operator and corporate projects remain unaffected. Therefore, project promoters have other options.

I received a large number of representations prior to the budget, many of which related to the restriction on capital allowances. I believed the transitional arrangements, which I amended slightly at the end of January, would be sufficient. The Revenue Commissioners and the Department of Finance are up to speed with the schemes that operate for commercial activity in Dublin and throughout the country.

I had two reasons for introducing these restrictions. From personal experience, I became aware that a number of high income earners were using the schemes to reduce their tax liabilities. Some of them boasted about the fact that they had very high incomes but were able to reduce their tax liabilities under these schemes. The average industrial worker pays more income tax per annum than some of these people on colossal incomes. If they had kept their mouths shut it might not have come to my attention. It is a case of the poacher turned gamekeeper, because I know some of them through my practice.

I announced on budget day that the Revenue Commissioners had undertaken a survey of high income earners in recent tax years. That survey shows the different types of schemes being used by high income earners to reduce their tax liabilities. These are legal avoidance mechanisms, with which I have no difficulty. Furthermore, incentives are necessary in the tax code to encourage development in particular areas. I am not against the principle of such schemes, but their aim is to create investment. We must ensure that people pay their fair share of tax. That is what led me to introduce a measure in the budget that will restrict the amount of capital allowance that can be used by passive investors to reduce their tax liability.

It has also come to my attention that even the large financial institutions in the city of Dublin, where many of these schemes operate, cannot compete with passive investors to buy some sites. The figures for some of these transactions are enormous. Even two officials in the Department of Finance whom Deputy Coveney would know are not surprised as much as gobsmacked that some of the schemes will get through under transitional arrangements. I had no idea of the amounts of money involved in some of these schemes. Even with the transitional arrangements and cutting off these avoidance mechanisms or limiting them to £25,000, the downstream Exchequer cost for several years will be considerable. One of the cornerstones of the budget was this restriction. I have been pilloried by people on the left and the newly found left wing Opposition Deputy Michael Noonan. I assume that in Government, Deputy Rabbitte discovered this new way of going on and has had an effect on Deputies John and Richard Bruton.

The Minister is making it sound like a virus.

I would not go that far, but if it is a virus the Deputy has always had it. It is those who recently acquired the virus that I question. I do not question the Deputy or Deputy McDowell but I question others.

Owing to some of the restrictions in the transitional arrangements I have come across some tough cases which will not get through. Some of these are at the smaller end of the scale. If I were to backtrack on this change I would allow through a whole raft of capital allowance projects, involving about £1 billion. Even if some projects have got through and others are in the pipeline for which hundreds of millions of pounds would be raised under this scheme, and even if I have sympathy with the cases put forward by Deputies I cannot back down in this case. I had hoped Deputy McDowell, as he promised on Committee Stage, would bring forward an amendment in this area but he may have been advised against it. If the Labour Party, after pillorying the Minister for Finance for producing a budget for the rich, brought forward the amendment he proposed I would have some serious things to say to the Deputy.

I am sorry not to have given the Minister the opportunity.

As Micheál Ó Moráin availed of the opportunity to produce files in a Dáil debate many years ago with Dr. Conor Cruise O'Brien, I was looking forward to producing some files on this matter as well.

The difficulty in making any exception is that it would open up the floodgates. In any argument certain enterprise zones should be excluded but where does one draw the line? Any general easing of the conditions for transitional arrangements would be costly to the Exchequer and would send out the wrong signal about easing a budget change affecting high earners. It should be noted that in the case of two specific buildings in the Custom House docks area in 1996-7, which would not be covered by the Revenue survey, seven individual investors shared capital allowances of £19 million in one case——

Where did we go wrong?

——while only two investors shared capital allowances of £24 million in another case. There are other projects in the pipeline, some of which will get through, and figures of that magnitude are being dealt with. There are other proposals in the pipeline which will not be able to get through for which we would be talking about up to £1 billion being allowed under this scheme. Deputy Ardagh put the case well. This tax scheme worked well and delivered projects but given the cost of building land now financial institutions cannot compete with individual investors and Deputy Rabbitte may be aware of that. I have received a number of representations on this from Deputies, including Deputy Ferris. I cannot accede to the Deputy's request.

The budget restriction on capital allowances does not apply to the following categories of investors in buildings: an owner-occupier of the building, that is an individual carrying on the business in the building in which he claims the capital allowances; all corporate investors whether owner-occupiers or passive investors; individual passive investors who have enough rental income from all sources to absorb the capital allowances. The restriction applies to passive investors who can still avail of the scheme but can take out only £25,000 to offset against their other income. Some projects which have been caught now have corporate investors who are taking up the slack. I am sure there are corporate investors out there who will gladly go along with their particular schemes. People may have become frightened by their accountants and it may have become too easy to get a number of passive investors but that loophole has been closed off. I cannot accede to this amendment as to do so would knock one of the foundation stones of the budget.

I draw the Minister's attention to my contribution on Second Stage when I made it clear that I believed we should look at urban renewal schemes, and all of these schemes, with a view to assessing whether capital allowances should be restricted. I have unequivocally supported the Minister's move in this regard and I still do.

I am glad the Deputy was not prevailed upon——

I have been consistent on this issue.

The Deputy has not made a murmur.

Mr. Coveney

In tabling this amendment we wholeheartedly support what the Minister is doing and have said so, as has Deputy McDowell. We were concerned about a number of transitional arrangements for a small number of cases. Deputies Ferris and McGrath had a few cases but we were not talking about a raft of cases. I am aware of only two. We totally support what the Minister is doing. Will he allow some flexibility for what seemed perfectly genuine schemes, which met the spirit of what was required previously but are now caught for reasons over which they had no control?

This is a specific project in a small rural town which is trying to develop tourism. If the developer does not qualify for assistance, the project will not proceed. Will the Minister detail, in writing, the exclusions to which he referred? The amendment recognises that what he is doing is legitimate as it is obvious the existing provisions were abused by high income earners. The person concerned does not fall into that category. As commitments were given, the planning application was processed and approved before the announcement was made on budget day. The amendment is tightly framed to avoid opening the floodgates. I was not aware that there were millions of pounds available for hotel projects in Dublin. That is not the case outside Dublin where it is much more difficult to develop such a project. Will the Revenue officials look at the specific case mentioned?

I accept the bona fides of Deputies Coveney and Ferris but the problem is that it is difficult to cater for the more deserving cases without allowing in a large number of others. I cannot, therefore, accept the amendment. I will ask my officials to write to Deputy Ferris with the details sought about how projects can be financed.

Mr. Coveney

Will the Minister give me the same information?

I will. When the Bill is passed finance will be available from other sources. I am delighted to see Deputy O'Malley in the Chair. I can think of nobody with a better temperament to be in the Chair.

In speaking after Deputy Ferris has concluded the Minister is out of order.

Amendment, by leave, withdrawn.

I move amendment No. 31a:

In page 60, between lines 41 and 42, to insert the following:

"33.—Section 482 of the Principal Act is hereby amended—

(a) by the substitution of ‘£20,000' in the definition of ‘qualifying expenditure' for ‘£5,000' and

(b) by the substitution of ‘£20,000' in the definition of ‘relevant expenditure' for ‘£5,000'.".

As the Minister will be aware, the previous Government commissioned a report from an interdepartmental working group, comprised of representatives from the Departments of Arts, Heritage, Gaeltacht and the Islands, Environment and Local Government and Finance, on the conservation of our architectural heritage. It recommended that the owners of listed buildings should be given incentives to maintain them in a good state of repair. The Heritage Council, which was placed on a statutory basis by the previous Government, is unable to play a meaningful role because it is inadequately financed.

The amendment seeks to amend section 19 of the l982 Finance Act under which the owners of listed buildings are granted tax relief to carry out essential repairs provided they are approved for tourism purposes by Bord Failte and open to the public. I am not certain that the amendment would be adequate to tackle the problem. Many hundreds of listed buildings of major architectural importance throughout the country have fallen into a state of disrepair and it is beyond the capacity of their owners to carry out essential repairs. Within a short time many owners will have no choice but to abandon them completely. If the amendment is not acceptable, does the Minister have any proposals to tackle this problem?

The amendment may not go far enough in terms of what is necessary. Any initiative would be welcome. Unlike the previous amendment, where the cost runs to hundreds of millions of pounds, I am sure the figure is small.

This amendment relates to section 482 of the Taxes Consolidation Act, l997, which provides relief from tax in respect of the cost of repair, maintenance or restoration of approved buildings and gardens which are of significant scientific, historical, architectural or aesthetic interest to which reasonable access is afforded to the public. Additional relief was provided in last year's Finance Act for expenditure up to £5,000 per annum on the repair, maintenance or restoration of approved buildings and gardens subject to certain conditions; the installation, maintenance or replacement of security alarm systems, and public liability insurance for approved buildings and gardens. The Deputy is seeking to increase this figure to £20,000 per annum. I do not consider there is a necessity for such an increase at a time of ever increasing demands for scarce resources and when there are budgetary constraints.

Since l982 there has been tax relief available to carry out repairs to and refurbish approved buildings. A case was made for the extension of tax relief for the installation of alarm systems. This was granted in last year's Finance Act up to a figure of £5,000 per annum. The Deputy is suggesting that this figure should be increased to £20,000 per annum. Because of the system of self-assessment, the cost of the measure introduced in last year's Finance Act will not be known for some time. If a strong case is made for an adjustment I will consider bringing forward a suitable amendment in next year's Finance Bill.

The Minister referred to the Taxes Consolidation Act, l997. The provision was originally included in the l982 Finance Act. The buildings in question must be approved by Bord Fáilte and open to the public before their owners qualify for relief. The problem is that many of the buildings in question are in such a poor state of repair that Bord Fáilte could not consider approving them. They are not fit for habitation. Hundreds of listed buildings of architectural significance throughout the country have fallen into a state of disrepair to such an extent that their owners will have no choice but to walk away. Incentives should be built into the tax code to enable them to write off some of the cost incurred in maintaining the buildings in question against their tax liability. The interdepartmental report published by the previous Government contains a number of worthy recommendations to resolve this matter. The Minister should consider that report with a view to bringing forward incentives for next year's Finance Bill. It will be too late if we delay much longer. Many of the buildings involved are in a bad state of disrepair and something must be done immediately.

The only remit of Bord Fáilte in this matter is with regard to public viewing. The approval is a matter for the Minister for Arts, Heritage, Gaeltacht and the Islands. The original provision in section 19 of the Finance Act, 1982, was to allow for unrestricted relief on the cost of repair of the building.

On the provision that it would be opened to the public.

Yes. Last year the then Minister, Deputy Quinn, allowed for £5,000 relief on expenditure on alarms, public liability insurance or the contents of an approved building. The Deputy's amendment relates to the changes made by Deputy Quinn. The provision originates in the 1982 Act. I will have the matters examined. Bord Fáilte's remit relates only to public access to the building and it is the Minister for Arts, Heritage, Gaeltacht and the Islands who approves the buildings. I will consider the matters raised because the Deputy has a considerable interest in the issue. If he has any further information he may forward it to me. We will examine section 19 of the 1982 Act which was transposed into section 482 of the Taxes (Consolidation) Act, 1997.

Amendment, by leave, withdrawn.

Mr. Coveney

I move amendment No. 32:

In page 73, between lines 41 and 42, to insert the following:

"39.—Section 659 of the Principal Act is hereby amended:

(a) in paragraph (c) of subsection (1) by the insertion after ‘trade of farming' of ‘, or incurs capital expenditure necessitated to comply with the structural standards of dairying facilities required under Directive 92/46/EEC, as amended';

(b) by the substitution of the following subsection for subsection (3):

‘(3) The farming pollution capital allowances to be made in accordance with subsection (2) in respect of capital expenditure incurred in a chargeable period may, where a person so elects, be any amount not exceeding 100 per cent of that expenditure or £30,000 whichever is the lesser, in respect of one or more years during a writing-down period of 7 years';

(c) by the insertion of a new subsection after subsection (3):

‘(3A) In respect of activities which are the subject of an integrated pollution control licence under the Environmental Protection Agency Act, 1992, as respects the first year of the writing-down period referred to in subsection (2) where the capital expenditure was incurred on or after the 6th day of April, 1998 an amount equal to 50 per cent of that expenditure or £100,000 whichever is the lesser.'.".

This amendment relates to agriculture and food, in particular to capital allowances for investment. The first part deals with capital expenditure necessarily incurred to ensure dairying facilities comply with an EU directive. It is not a form of investment farmers make willy-nilly, rather it is a form of investment which they will be required to make in order to comply with the terms of the directive. The dairy hygiene scheme, of which this is part, is beginning to have the effect of increasing the price of milk where the investments have been made and decreasing it where they have not. Consumers have an obvious interest in the matter because dairy hygiene standards are central to the quality of dairy products. It would be reasonable to extend capital allowances in this case where farmers are investing to comply with a specific directive to improve the structural standards of their dairying facilities.

The second element relates to farmyard pollution control capital expenditure. We seek more flexibility in the writing down period of seven years. The third element relates to an agricultural investment which is subject to the terms of an integrated pollution control licence under the Environmental Protection Agency. This relates primarily to pig production. There is a movement towards larger pig processing units which are necessitated by the competitive market. These are the subject of tight control by the EPA and involve considerable investment expenditure. We seek a targeted measure to facilitate that.

This amendment proposes the insertion of a new section in the Bill which will make various amendments to section 659 of the Taxes (Consolidation) Act, 1997, the section which provides for improved capital allowances for capital expenditure by farmers on certain buildings or structures where these are necessary for the control of pollution. That section was introduced in the Finance Act, 1997, and provided for a special first year allowance of 50 per cent of expenditure up to an expenditure limit of £20,000. This limit is being increased to £30,000 with effect from 6 April 1998 by section 38 of the Bill.

The amendment has a number of objectives. It will add a further class of capital expenditure to that which qualifies under section 659 for special allowances in relation to the control of pollution. This is capital expenditure incurred in order to comply with the structural standards of dairying facilities required under an EU directive mentioned in the amendment. It must be pointed out that section 659 is targeted at assisting farmers who incur capital expenditure on the construction of buildings for necessary pollution control measures, as detailed in that section. The proposal before us is not related to pollution control but is concerned with dairy hygiene.

Capital expenditure on the construction of other farm buildings, including dairying facilities, already qualifies for capital allowances under section 658 of the Taxes Consolidation Act, 1997. Under the terms of that section the costs of capital expenditure on farm buildings generally and other works, fences, roadways etc., can be written off over a seven year period at a rate of 15 per cent per annum for six years with the balance of 10 per cent claimable in the seventh year. The pollution control allowances which are spread over an eight year period feature a front loading of relief up to a specific limit in the first year. These seek to target anti-pollution measures by farmers and are not intended to set a precedent whereby other categories of expenditure on buildings should be favourably treated.

The second part of the amendment proposes a new method of granting capital allowances in respect of capital expenditure on buildings constructed for pollution control purposes. The scheme introduced in the Finance Act, 1997, operates on the basis of an enhanced first year allowance of 50 per cent of qualifying expenditure up to a limit of £20,000, which amount is being increased to £30,000 by section 38 of the Bill, with the balance being written off over a seven year period. This was designed to meet the requests by farmers' representatives for a front loading of the capital allowances to enable them to benefit from the scheme soon after the expenditure has been incurred.

The proposal in the amendment would appear to have the effect of allowing relief to be claimed in respect of the full amount of the expenditure on a free depreciation basis of up to £30,000 in any one year over a seven year writing down period. The arrangements introduced in the Finance Act, 1997, were intended to grant relief in a manner beneficial to farmers by means of the special first year treatment and to retain in so far as possible the integrity of the capital allowance regime applicable to farm buildings generally. Thus, the facility for claiming an enhanced element of the relief was restricted to the first year of claim in relation to a particular outlay of capital expenditure. This in itself was a departure from the position which has come about in recent years whereby accelerated capital allowances have in general been greatly curtailed.

The measure as structured at present and incorporating the 50 per cent enhancement of the first year special allowance is more than adequate for the purpose for which it was intended, namely, to encourage pollution control investment and to assist in a worthwhile way farmers who engage in such investment.

The final part of the amendment seeks the provision of a second first year capital allowance for farmers to support investment by them in connection with activities which are the subject of an integrated pollution control licence under the Environmental Protection Agency Act, 1992, and envisages an expenditure limit of up to £100,000 for the first year allowance. The Environmental Protection Agency Act, 1992, introduced integrated pollution control licensing by the EPA. The First Schedule to the Act sets out 13 classes of licensable activity only one of which is agricultural. All those appear to be covered by the amendment.

Mr. Coveney

That was not my intention.

Even if the amendment was targeted solely at intensive agricultural activities, such as pig and poultry farming, many of those in activities in the other categories might be in a position to press strongly for equally favourable treatment.

Under the Partnership 2000 agreement, the Department of the Environment and Local Government entered into negotiations with the IFA on the cost and scope of integrated pollution control licensing for intensive agricultural activities and they are ongoing. The scheme introduced last year, which enabled necessary pollution control expenditure to be written off over eight years with a special year one allowance of 50 per cent of expenditure up to a limit of £20,000, was to give effect to a commitment in the Partnership 2000 programme and applies when a farmer has in place a farm nutrient management plan drawn up by an agency or planner approved by the Department of Agriculture and Food. The increase in the payment from £20,000 to £30,000 represents a significant and generous increase in existing arrangements and should prove of real assistance to farmers incurring capital expenditure on necessary pollution control measures. I do not propose to extend the scope of the existing arrangements to include expenditure outlays on a scale, and for the purposes proposed under a scheme, which go way beyond agricultural activities. In all these circumstances I must oppose this amendment.

The Minister in defending his approach to tax reform, allowances, bands and rates argued that he had a democratic responsibility to stick by the mandate his party received in the last general election. I remind him that the farming community, to an extent, gave a mandate to the Government on the manifesto before it with regard to the control of farmyard pollution. That scheme and the dairy hygiene grants were to be reintroduced and the installation aid scheme was guaranteed to last the lifetime of a Fianna Fáil Administration. In regard to reopening the live export markets, it was said all that was required was a change of Minister and there would be no capping of headage payments. Those five promises were reneged on without the Minister for Agriculture and Food batting an eye-lid. Given that the Minister put great store on his democratic obligation arising from the election to adhere to proposals on tax bands and rates in terms of reforming the income tax system, he should accept the spirit of these amendments, which deal specifically with dairy hygiene, control of farmyard pollution and intensive pig production, to save the blushes of the Minister for Agriculture and Food. Opposition Members do not have the benefit of the assistance of a parliamentary draftsman, but any Minister would have recognised the spirit of the amendments and if willing to lend a favourable ear to them could have drafted an acceptable and properly worded amendment. I am extremely disappointed the Minister has taken this approach and I ask him to reconsider the amendment on the basis of the argument he used to advance and defend his position on reform of the income tax code.

Mr. Coveney

I am also disappointed with the Minister's approach because this amendment was tabled in response to the discontinuation of the dairy hygiene and farmyard pollution schemes. I understand they were discontinued because EU funding may not be available. The Government and Minister for Agriculture and Food gave a clear undertaking to renew those schemes as soon as they came to power, but they have not done that.

There are three parts to the amendment. I am prepared to forego the second part which proposes a small change to the farmyard pollution scheme, but the proposal on dairy hygiene is reasonable. These are not tax effective holidays for farmers, but something they are mandatorily required to do and which small producers cannot do because they do not have the necessary money and are unable to borrow it. If they were able to incentivise themselves in some way like this or the Minister offered them some means of doing so, it might be possible for them to get some of the required work done.

I did not realise the last section of the amendment covered many other sectors, but I intended it to deal only with agriculture. Those with pig and poultry units are being encouraged by the Department of Agriculture and Food and other advisers to group together to become larger and more cost effective. Pig farming is a heavily pollutant industry and it requires significant capital investment, particularly to comply with all the EPA requirements. It is not practical to say that £20,000 or £30,000 will go a significant way towards meeting the cost of building a large pig unit, which effectively is a factory. I ask the Minister to consider the proposals on dairy hygiene in the last part of the amendment.

Unlike other sectors of the economy which are generally doing well, agriculture is facing a tough time with the implementation of the Santer proposals. There is grave concern about their impact on Irish agriculture. At a time when we have to consider modernising and investing in these areas, it would be appropriate for the Minister to give some assistance to farmers.

The section of the 1997 Finance Act providing a limit of £20,000 for farmers was agreed in Partnership 2000 and in my generosity I increased that limit to £30,000 this year. That is adequate and sufficient. I stated in reply to Deputy Coveney's amendment that to go any further would impose a considerable cost on the Exchequer. I accept what the Deputy said that pollution is something we must all guard against and I have no objection to using the tax system to incentivise farmers and others to reduce pollution levels. I will consider the matter further before next year.

Deputy Creed mentioned the commitments in the programme for Government and in individual party manifestos leading up to the election. I remind him that in my budget speech I increased the amount of money for headage in 1998 and I also allowed applicants in the pipeline for installation aid grants to be paid those grants in 1998. I was exceptionally generous in the budget to the farming organisations.

The scheme was suspended. The Minister was only paying his bills.

Farmers will also benefit from the income tax reductions I announced in the budget.

Amendment put and declared lost.

Acting Chairman

It is proposed to group amendments Nos. 33 to 37, inclusive, for the purposes of debate. Is that agreed? Agreed. If amendment No. 33 is negatived, amendment No. 34 cannot be moved.

I move amendment No. 33:

In page 76, to delete lines 20 to 34.

I did not particularly seek the role of advocating the case of the Minister's profession, but we did not get a chance to reach this amendment on Committee Stage.

The manner in which the Minister has proceeded to railroad this particular change through has created a great sense of grievance among members of the profession. Since the introduction of self-assessment, accountants would argue that the Revenue should acknowledge their critical contribution to the efficiency of the system. In their estimation, the change in filing dates occasioned by bringing the date forward from 31 January to 30 November could impact adversely on 250,000 self-employed taxpayers. That is a very extensive number of people. As I understand it, many sole traders already struggle to meet the 31 January deadline and clearly, in bringing the date forward, a significant new burden will be created for them. I also understand there are particular categories and sectors, such as the tourism industry, which will be especially impacted on.

The accountancy profession is amazed at the Minister's contention that the change is a simplification and should assist practitioners. Practitioners themselves say that 87 per cent of the profession have stated the opposite in a survey and small practitioners will be placed in an impossible circumstance in terms of trying to comply with the 30 November date. In any event, even if the idea of a calendar year has merit, which it may, the Minister should have consulted members of the profession about it.

I find it interesting that the Minister argued his opposition to making piecemeal changes both on Committee and Report Stages. He said he wanted a sensible debate on a number of matters and would bring forward a comprehensive programme of reforms. Therefore, he opposed amendments which seemed to the House to carry a good deal of merit. In this particular case, the Minister has called for a sensible debate but is nonetheless proceeding with what effectively constitutes a piecemeal change that has caused some chagrin in the profession. Will a full, open and fair impact assessment be carried out on the import of this decision?

Like Deputy Rabbitte, I would not automatically leap to press the case of the accountancy profession. I am not convinced that, if this system does settle down, it will cause huge inconvenience to individual taxpayers. I am, however, persuaded by accountants that they will in the first instance, and possibly in some continuing way, suffer considerable inconvenience in trying to meet the 30 November deadline.

Why is the Revenue pressing for one date rather than two? Will the Minister explain his public comments since the publication of the Finance Bill to the effect that he would like to see the tax year operate on a calendar year basis? Is that merely musing of the kind we have become familiar with recently or is it a statement of firm intent?

I would like to have more time to debate this issue as it is one about which I have a good deal of personal knowledge. I have taken on board the comments of my colleagues in the accountancy profession. I tabled an amendment on Committee Stage to subject this section to a commencement order which would allow ample time between now and the end of November 1999 to put any necessary revenue changes in place. It has long been my intention that the fiscal and tax years would operate on a calendar year basis. Over the coming 18 months or so, I intend to engage with the accountancy and taxation consultant professions on this issue. I would have done so in regard to this Bill but was informed it would be difficult to do so in view of the year 2000 problems. An impact assessment will be carried out.

I ask the House to note that I am withdrawing amendment No. 38, in my name, which concerns a minor drafting correction. I am informed there is a minor drafting error in amendment 48l at the bottom of page 2 of the first additional list of amendments. I ask Deputies to treat the amendment as if the comma, which appears after the word "means" in the definition of underlying tax, appeared before it. A minor error has also been found in two places in the new renewal provisions. In page 119, line 33 and page 152, line 13, the reference to "subsection (3)" should read "subsection (4)". These were discovered too late for inclusion in the Report Stage amendments and if the House agrees, it is recommended that the correct references be now inserted.

Acting Chairman

Is that agreed? Agreed. As it is now 6.45 p.m., I am required to put the following question in accordance with an Order of the Dáil of this day: "That the amendments set down by the Minister for Finance and not disposed of, with the exception of amendment No. 38, are hereby made to the Bill, that Fourth Stage is hereby completed and the Bill is hereby passed."

Question put.
The Dáil divided: Tá, 69; Níl, 49.

  • Ahern, Michael.
  • Ahern, Noel.
  • Ardagh, Seán.
  • Aylward, Liam.
  • Blaney, Harry.
  • Brady, Johnny.
  • Brady, Martin.
  • Brennan, Matt.
  • Brennan, Séamus.
  • Briscoe, Ben.
  • Browne, John (Wexford).
  • Byrne, Hugh.
  • Callely, Ivor.
  • Carey, Pat.
  • Collins, Michael.
  • Cooper-Flynn, Beverley.
  • Coughlan, Mary.
  • Cowen, Brian.
  • Cullen, Martin.
  • Daly, Brendan.
  • de Valera, Síle.
  • Dennehy, John.
  • Doherty, Seán.
  • Ellis, John.
  • Fahey, Frank.
  • Fleming, Seán.
  • Flood, Chris.
  • O'Keeffe, Batt.
  • O'Keeffe, Ned.
  • O'Kennedy, Michael.
  • O'Malley, Desmond.
  • O'Rourke, Mary.
  • Power, Seán.
  • Reynolds, Albert.
  • Roche, Dick.
  • Foley, Denis.
  • Fox, Mildred.
  • Hanafin, Mary.
  • Haughey, Seán.
  • Healy-Rae, Jackie.
  • Jacob, Joe.
  • Keaveney, Cecilia.
  • Kenneally, Brendan.
  • Killeen, Tony.
  • Kirk, Séamus.
  • Kitt, Michael.
  • Kitt, Tom.
  • Lawlor, Liam.
  • Lenihan, Brian.
  • Lenihan, Conor.
  • Martin, Micheál.
  • McCreevy, Charlie.
  • McDaid, James.
  • McGennis, Marian.
  • McGuinness, John.
  • Moffatt, Thomas.
  • Moloney, John.
  • Moynihan, Donal.
  • Moynihan, Michael.
  • Ó Cuív, Éamon.
  • O'Flynn, Noel.
  • O'Hanlon, Rory.
  • Ryan, Eoin.
  • Smith, Brendan.
  • Treacy, Noel.
  • Wallace, Dan.
  • Wallace, Mary.
  • Walsh, Joe.
  • Woods, Michael.

Níl

  • Allen, Bernard.
  • Barrett, Seán.
  • Belton, Louis.
  • Browne, John (Carlow-Kilkenny).
  • Burke, Ulick.
  • Carey, Donal.
  • Clune, Deirdre.
  • Cosgrave, Michael.
  • Coveney, Hugh.
  • Crawford, Seymour.
  • Creed, Michael.
  • Currie, Austin.
  • D'Arcy, Michael.
  • De Rossa, Proinsias.
  • Deasy, Austin.
  • Deenihan, Jimmy.
  • Durkan, Bernard.
  • Enright, Thomas.
  • Farrelly, John.
  • Ferris, Michael.
  • Gormley, John.
  • Gregory, Tony.
  • Hayes, Brian.
  • Higgins, Jim.
  • Higgins, Joe.
  • Higgins, Michael.
  • Hogan, Philip.
  • Kenny, Enda.
  • McCormack, Pádraic.
  • McDowell, Derek.
  • McGahon, Brendan.
  • McGinley, Dinny.
  • McGrath, Paul.
  • McManus, Liz.
  • Mitchell, Gay.
  • Mitchell, Olivia.
  • Naughten, Denis.
  • Neville, Dan.
  • O'Keeffe, Jim.
  • Penrose, William.
  • Perry, John.
  • Rabbitte, Pat.
  • Reynolds, Gerard.
  • Sheehan, Patrick.
  • Stagg, Emmet.
  • Stanton, David.
  • Timmins, Billy.
  • Wall, Jack.
  • Yates, Ivan.
Tellers: Tá, Deputies S. Brennan and Power; Níl, Deputies Barrett and Stagg.
Question declared carried.

The Bill which is certified to be a Money Bill will now be sent to the Seanad.

I thank the Deputies who contributed to the debate on Second, Committee and Report Stages. I also thank the Opposition spokespersons and Deputies who tabled amendments. A considerable amount of work was done on Committee and Report Stages and I hope it was of benefit to all concerned.

I thank the Minister for his courtesy during the debate. While it seemed at times that we were on different planets I hope we managed to generate some heat during our deliberations.

I hope we have learned lessons for next year in terms of the length of time needed to debate amendments. I thank the Minister.

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