The Bill is designed to continue the existing exchange control legislation in operation for a further period of four years. The present legislation, which is contained in the Exchange Control Act, 1954, is due to expire on 31st December, 1974. Exchange control was first introduced in the emergency conditions of 1939. At that time we, along with the other sterling area countries, had to take measures to protect the area's foreign exchange reserves to which we had access for our requirements of foreign currencies. The 1954 Exchange Control Act replaced the emergency legislation under which exchange control was first operated. In the hope that exchange control would be only a temporary necessity the 1954 Act was expressed to expire after a period of four years. However, the operation of the Act has been extended at four year intervals ever since as it has not proved possible to dispense completely with exchange control.
The 1954 Act gives power to control:
payments to and on behalf of persons resident outside the scheduled territories—at present, the State, Northern Ireland, Great Britain, the Channel Islands, the Isle of Man and Gibraltar;
dealings in gold and foreign exchange;
dealings in foreign currency securities and unregistered sterling securities;
dealings in sterling securities on behalf of persons resident outside the scheduled territories;
the export of currency notes and the manner of payment for goods exported outside the scheduled territories.
The Act also empowers the Minister for Finance to specify foreign currencies which must be sold to a bank so that they may come into the official reserves of foreign exchange. It further contains power to require the deposit of foreign currency securities and unregistered sterling securities with an authorised depositary, but it has not been found necessary to bring these latter provisions into operation.
The Act provides that exemptions from compliance with its requirements may be granted by regulations and by general or limited permissions to carry out transactions. These provisions are being operated so that all bona fide current payments may be freely made by Irish residents in accordance with our obligations to the International Monetary Fund. Such supervision as is applied is designed to ensure that unauthorised capital transfers do not take place under the guise of current transactions.
Control of capital transfers continues to be necessary. Funds for direct or portfolio investment outside the scheduled territories are not generally provided at the official rate of exchange. Investment currency, which usually stands at a substantial premium over the official exchange rate, may be purchased for the purpose or it may be financed by foreign borrowing. Sales of foreign currency securities are subject to certain conditions on the disposal of the proceeds of the sale.
The day-to-day administration of exchange control has been delegated to the Central Bank of Ireland since 1965.
In the EEC, member states are required under the Treaty of Rome to abolish progressively restrictions on capital movements between themselves to the extent necessary to ensure the smooth functioning of the Common Market.
So far, two directives have been adopted by the Community requiring the liberalisation of particular categories of capital movements. The principal transactions involved are direct investment in business undertakings and the purchase of publicly quoted securities. In the negotiations for membership of the Community we obtained arrangements for the gradual removal of restrictions on these transactions over a transitional period. Nevertheless, on entry to the Community we implemented a considerable liberalisation of direct investment, under which official exchange is allowed up to a limit of £250,000 per project per year for all new approved direct investments by Irish residents in EEC countries other than the UK. Applications to transfer larger amounts at the official rate of exchange are considered on their merits. Relaxations were also made in relation to capital transfers by Irish residents taking up employment in other EEC countries.
Under the exchange control legislation, as it is proposed to continue it in the Bill, we will be able to meet our EEC obligations as they now stand by making suitable amending regulations and giving necessary permissions. No major changes will be required before the Act again comes up for renewal in 1978.
Whatever may happen in the future in relation to foreign exchange transactions, there is no immediate prospect that sterling will become freely convertible on capital account. We need, therefore, to retain the 1954 Exchange Control Act and I am asking the House to agree to its extension for a further period of four years. I trust that the Bill will be acceptable to the House on this basis.