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Seanad Éireann debate -
Wednesday, 22 Nov 1978

Vol. 90 No. 3

Exchange Control (Continuance and Amendment) Bill, 1978: Second and Subsequent Stages.

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

The two purposes of the Bill are, first, to continue in force the present exchange control legislation beyond its expiry date at the end of this year for a further period of four years, and secondly, to amend that legislation to enable the Minister for Finance, by regulation, to apply exchange controls to transactions between this country and the United Kingdom should the need arise.

A little of the historical background to exchange control would be useful before proceeding to discuss the individual sections in the Bill.

Before control originated at the beginning of the Second World War, when, in common with other sterling area countries, it was found necessary to introduce controls on current and capital transactions with countries outside the sterling area to protect scarce foreign currency reserves. These controls were initially operated under emergency legislation. This was replaced by the present legislation in 1954. It was hoped at that time that the necessity for controls would fade away in due course, and the legislation was accordingly framed to expire within four years. The choice of the initial duration of the Bill was arbitrary, but has been followed ever since. The situation now is not essentially different from that in 1954 as it seems likely some form of exchange control will be necessary for some time to come.

Exchange controls as operated at present do not, in general, affect transactions between this country and the scheduled territories, that is, essentially, Northern Ireland and Britain, and indeed cannot do so under the legislation as it stands. Current transactions, such as trade and travel payments are also free of control, except in so far as these are monitored to ensure that capital controls are not being evaded. It is in this latter area, that is capital movements, that the main effects of exchange control are felt, apart from the liberalised approach to direct investment in and personal capital movements to, other EEC countries. The main controls relate to purely financial transfers, such as deposits, loans and portfolio investment. There are also some restrictions on direct investment in and personal capital movements to, countries outside the EEC. It should be emphasised, however, that the controls are operated in such a way as to minimise the impact on normal commercial activity.

I mentioned a minute ago the need to protect the external reserves. While in the past this has been the major objective of exchange control policy, in recent years, in the situation of extreme currency instability, the need to be able to protect a currency from massive speculative flows has become equally prominent. Exchange controls are, then, at present, required to meet these two basic objectives, and as I indicated earlier, will inevitably continue to be needed for some years.

Section 2 of the Bill, therefore, provides for the continuation of the Exchange Control Act, 1954—the Principal Act—in operation for a further four years. The amendments proposed in the remaining sections of the Bill would enable the Minister for Finance to extend exchange controls to transactions between this country and the United Kingdom by regulation should this need emerge at any point. Under the Exchange Control Act, 1954, the "scheduled territories", the area within which exchange controls are not applied, are defined to include the State, Northern Ireland, Great Britain, the Channel Islands and the Isle of Man, and such other countries as may be prescribed by the Minister by regulations. The Minister cannot, therefore, at present use the powers contained in the Act in relation to transactions with the United Kingdom.

Section 3 of the Bill, however, enables the Minister, by regulations, to exclude Northern Ireland and Britain from the scheduled territories. I should like to stress, however, that this is merely a contingency provision, which would only be used should the particular circumstances which might warrant it ever arise. I might add, also, that were the Minister to avail of the provision, he would still have discretion to include these countries in the scheduled territories again at some future date.

Section 4 would allow the Minister for Finance to prohibit the importation, except with his permission, of such Irish or foreign currency notes as might be prescribed by him by regulation. This amends the existing limited prohibition in section 15 (2) of the Principal Act on the importation of United Kingdom currency notes from countries other than Northern Ireland, Great Britain, the Channel Islands and the Isle of Man, from which, in fact, exemption has been given by regulations. The new section would confer on the Minister power to prohibit the importation of Irish currency notes which had been illegally exported; it would also allow him to control inflows of foreign currency notes generally. The amendment would only come into effect on the making of regulations, and these regulations would provide for the exemption of all normal inflows.

Section 5 amends section 16 (2) of the Principal Act which, as it stands, only allows the Minister to prohibit the export of currency notes and other financial instruments to areas other than the United Kingdom. The amended section would allow the Minister to control the export of currency notes, postal orders and assurance policies to any country. Again, it should be stressed that this provision would only come into effect on the making of a commencement order by the Minister.

Section 6 is a consequential technical amendment to sections 18 and 19 of the Principal Act to ensure that any import prohibitions introduced under the proposed amendment to section 15 (2) of the Principal Act would be subject to the Customs Acts in the same way as existing import and export prohibitions.

To summarise—there is no prospect that in the foreseeable future we shall be able to dispense with exchange controls. I am asking the House, therefore, to agree to the extension of the basic exchange control legislation for a further period of four years. In addition, I am asking the House to agree to amend the existing legislation to enable exchange controls to be applied to transactions between this country and the United Kingdom should the need arise. This power does not, in general, exist at present. In the uncertain situation before us it would not be prudent to continue with the existing limitations on our exchange control powers. It is obviously not possible to set out in advance what detailed exchange controls might eventually need to be implemented under this Bill. This will depend on what conditions emerge in the future. It is, however, clear that we must be in a position to deal with whatever developments in this area do occur.

I trust the Bill will be acceptable to the House on this basis.

Speaking for my party, I can say that the requests of the Minister of State will be met and that the extension of the exchange control legislation proposed will be agreed as will be also the proposal to amend that existing legislation to enable these controls to be applied in transactions between this State and the United Kingdom. Having said that, it is desirable to emphasise the grave nature of the proposed change in the legislation. Of course, the powers given do not, for any reason, have to be exercised; the matter is different and the gravity disappears. But assuming that—and this is the only reason for agreeing to the request for powers—the powers being sought may in an actual situation apprehended as likely to arise be exercised then the gravity of that change for this State can hardly be over-stated; the gravity of the change for every citizen, and in particular for everyone who has the conduct of enterprises in this country.

It is reasonable to remind the House of the historical background to this. The situation currency-wise that exists today before we enact this legislation, which will exist until the new powers, the different powers proposed in this legislation, are exercised, is not something that arose merely yesterday. It has existed for more than 150 years. For that period, we have been in an exchange race and currency union with a dominant currency. It will change our position dramatically if we, in effect, by the exercise of these powers move out of that union.

The matter can be quantified to some extent by reference to two statistics. One is the extent of the trade with the union that we would be leaving. Taking the Central Bank Report of this autumn, Table 59, the figures given there for exports to the United Kingdom showed that our exports for that year were £1,182 million worth of a total EEC export figure of £1,916 million worth of goods. I am only speaking about trade. Therefore our exports to the United Kingdom, which includes Northern Ireland, represent 61.7 per cent—according to my computation, not that of the Central Bank, so that calculation could be wrong—of the total exports to the EEC. The import figure is even greater. Total imports from the EEC amounted to £2,100,000,000; the United Kingdom portion of that was £1,486,000,000, or 70 per cent.

It is a curious, ironic reflection on the situation that proposals which it is known by Members of this House are under consideration and which it is not appropriate for us to debate—that is not the nature of our debate today—are coming to this Community for consideration under the general proposal that we are seeking to enlarge and make freer an existing market. It is not proposed that we have a currency union with the other people who may join the European Monetary System but in general the objective is by removing to some extent the exchange risk which is an impediment to trade to make the trade freer. It is an ironic comment on that, that that being put before this community for consideration, the increased freedom in that area—if this goes ahead—is going to lead possibly, but hopefully not, to an increased control in a very much larger area of our existing trade because if the 30 to 40 per cent trade that we do with the other EEC countries gets to some degree freer the 67 per cent trade that we are doing with the United Kingdom may become subject to impediments.

Control is not encouragement. The inter-position of exchange control is a limitation of freedom. I am not talking in abstract terms. I am talking about a free exercise by every citizen, in which he may engage every day, of buying and selling, once he breaks over the border of trading and engages in transactions with people outside this. In so far as controls exist there, to that extent his freedom is limited, his choices are limited and all sorts of elements enter in which were not there before, including the costs, because there has been no exchange risk—which is an interesting point—in trading between the UK and this State, which may be one of the elements making for the expansion of that trade, a withdrawal of which may be an element in the reduction of that trade.

Apart from anything else, exchange control is an administrative cost. Even if the cost is not directly or immediately transferred into the books of the customer by paying his £4 for his £100 worth of foreign money, or £500 worth of foreign money, or whatever it may be, there is somewhere in the system an additional cost involved in the production of paperwork, the consideration of applications, the decisions with regard to transactions which arise. This is one quantity which indicates the gravity of the matter. There is another quantity. We have approximately three million people in this State, approximately one-and-a-half million in Northern Ireland and about one million Irish people resident in Great Britain who were either born in Ireland or who are in many cases the young offspring of living parents resident in Great Britain and who were born here. Therefore, we see the dimensions of the problem with which the Central Bank is going to have to endeavour to cope in having to, in some fashion, trap and monitor transactions involving proportions relative to this population of two-and-a-half to three million here and two-and-a-half million resident outside this State. The problems with which the Central Bank may be asked to cope when faced with the exercise of these controls will be very great.

Apart from this trading relationship, apart from the very large sums that are deposited in Great Britain from this State, there has been the very considerable facility of capital flow between the two countries. It would seem to me that the interest of the State so far as it can be achieved in this area must be to maximise the freedom, though one recognises the problems that may arise if the situation is that we leave what I describe as the union, the currency union. All I can say about the Central Bank—the way I would like to put it—is that I am glad that it is this institution that has the burden to carry because of its past performance, its considerable experience, though its experience is not, I think, contestably deep enough in relation to the operation of this new problem. I am glad that it is an institution that has always shown appreciation of the economic advantages of the freedom that we should seek to retain to the maximum extent, that has shown a great deal of flexibility in the administration of the powers it has had to administer, which has—let us face it—an international reputation and enjoys international trust.

The policy which some might have fought and criticised of good behaviour in relation, for example, to the sterling area in the past may build up a bank of goodwill of great value to this country now as between the Bank of England and the Central Bank. The Bank of England will know the genuineness and truthfulness of the Central Bank in its communications with it. The Central Bank, after all, is rather like man, his pre-history and his history. The Central Bank itself derives from the Currency Commission—I suppose, that is almost pre-history—but really it did not have any great powers until 1972. Now, six years later, it receives this enormous new problem, this very considerable extension of power and is faced with a financially unique situation. I may be wrong, but I do not know of any other situation internationally where the economic, historical bind is as close as that which has existed in the past and, which continues—despite the reduction in the proportions of UK trade to the overall trading of the Irish economy—to be vastly significant. There is a close relationship between Canada and America, a still closer relationship between Belgium and the Netherlands; that latter linking seems to operate on minimal controls. While one apprehends the UK attitude not to impose controls, for a number of reasons, one of them being that they are aware of the disadvantages to their own overall policy in extending control to Ireland, if controls come into the field, though not desired by the Central Bank—conceiving the Irish interest in the matter—one can see where they may have to come in. They may have to come in to prevent the disturbance to the international value of the punt caused by the continued existence, without control, of the movement of funds, the free movement of funds in and out, of the punt, in and out of portfolio investment in this economy. Five hundred million pounds internationally may not be a great deal of money. It would make an enormous impact on the Dublin situation, even stretching, perhaps, the rating of the punt one way or another to the full of the proposed 2½ per cent band and causing consequential operations by the Government, by the Central Bank in relation to its reserves. Maybe the Central Bank will be able to contrive some sort of monitoring of this in association with the UK authorities, but one conceives that it may not be able to do so.

The difficulty the Central Bank is faced with, being at once flexible and realistic, is perhaps indicated by the one problem which existed even before this Bill came before this House, and that is that the development of a forward exchange market in the punt has been stopped, as I understand it. Might I suggest to the Minister and the House that this step was not realistic and that the fact that the forward market on the punt was not allowed to be developed by the banks so that people who want sterling, for example to pay something in March next, cannot now buy sterling for delivery in March next, unrealistically ignored the fact that the strong customers of the bank do not need the forward market. It is the weaker customers who need the forward market. The strong customers who incur a liability in sterling to be discharged in March simply place the money on deposit in sterling now and do not need to buy forward sterling because they can have it forward by making the deposit now either out of their own funds or, because of their economic and financial strength, can borrow from their local institutions to make the deposits. The absence of a forward market merely catches the person who is so circumstanced that he cannot make that money either available directly out of his liquid resources or by borrowing.

I would take this not so much for itself, though it is of considerable importance, but as an instance of something of more general character of extreme importance in the operation of any controls if they are to be operated realistically. recognising realities that are not particularly agreeable, for example, to a preview of this. I take it the objection in principle to this would be the presumption that if this market existed the one-for-one link would go. Even if it never goes it is realistic to recognise that there are people in the market who, once this arises, will want to cover themselves against the exposure and it is good business for them to do so. In regard to a forward market, it is inherently important that it be dealt with by the Central Bank and that in the general administration of exchange control, of this exchange control in particular, that actual solid realities as they emerge will be constantly and immediately and flexibly recognised and responded to.

There has been a large amount of material in the newspapers about interest rates and, it seems to me in my innocence, a simplistic kind of idea that were it not for the wretched British we would be able to lend each other money at 2 per cent, 1 per cent, anything, but that these savage new impositions are really caused by the link with sterling and once we get rid of that everything will be splendid. Everything will not necessarily move at all in the direction that is anticipated by those who so write.

For example, at this moment Irish industries, companies and co-operatives, raise a considerable amount of money cheaply. I hope the figure I am operating on here has some rational connection with reality. There is about £150 million being used at the moment and at any moment in aid of Irish industry, which consists of more cheap type of finance from the point of view of the person who raises it than he would experience if he were to raise it at home, and he raises it essentially through acceptance credit facilities that are dominated in sterling and discounted in the London Discount Market. It is likely that that may disappear. Is it certain that it will? I do not know, but it is possible that it will.

Again it is estimated that there may be funds at use, as I shall in my loose fashion describe it, from the UK in the Republic of the order of £500 million. Apart from the effect on our banking system of providing the £150 million which at present comes out of the London Discount Market and which, if that as a source of finance went, would constitute a new pressure of £150 million locally, to some extent the £500 million at use in this country will be withdrawn, and as an offset to switching plus withdrawal there will be the impact on local funds of withdrawals from the UK deposits, and the overall effect, at least in a medium term or in a short term—in this area one does not know how short a short-term is or how medium a medium-term is: we are not talking about weeks, we are not talking about years—there is more likely to be a pressure on liquidity tending to raise interest rates as a consequence. At least there is a very real danger of this.

Another element in this picture is the effect the movement of international British funds, gambling or speculating on the future of sterling or the punt, might have on that scene, but I do not intend to make any guess what it would be.

In relation to the possible impact on our local financial scene we have at the moment a system whereby the associated banks can get their Exchequer bills re-discounted and to that extent the Central Bank operates as a lender of last resort to that part of our banking financial system. It seems we will have to develop a system side by side with that if we are to avoid the tendency in the situation I have described for interest rates to rise excessively, to pump some liquidity into non-associated financial institutions.

I will go back to the words I spoke with regard to the Central Bank, and that is its understanding of the whole scene. I think that this area is particularly one in which we must avoid any patriotic songs. We must close our ears to tunes which may be coming from the devil, as merry tunes generally do, and have cold regard only to what is financially and economically beneficial, and in doing so remind ourselves that we are not behaving like hard-faced men who think of nothing else, but that in behaving like that we are thinking of people's lives and their wellbeing and their wealth.

In terms of capital flow as between the UK and Ireland, so far as one can make a judgment, one senses that if you disregard portfolio investment in which probably capital flows out—I have not looked at the balance of payments figures—I would not be surprised to find that there is some flow out of portfolio investment, and it is difficult to get the figures for real investment, direct investment. If you want to make a judgment, we are net beneficiaries of that, we are net beneficiaries of a free system, and it is enormously important that this whole thing be operated in such a way that we will remain-net beneficiaries.

I have not referred to the EMS and I do not propose to except to say that we should be like the strong armed man going into battle, and I am not so sure we are. Maybe the date for the battle was not fixed by us but the risks, the costs, are very real. Mistakes in the formulation of economic policy would tend for the first time to get expressed in a way that it has never been the Irish experience that they should be expressed. With all the jumbles of millions of decimal points that are being whizzed around in public, even the most constant of men tend to lose their balance, and what is happening or likely to happen to the balance of payments or whether we can afford what is happening to it moves into the realm of templar wisdom. But people will understand very well indeed if their punt becomes worth only 95 sterling pennies. They will be very pleased indeed, may I add, in case anybody writes only that sentence down, to find out that their punt is worth 105 sterling pennies. The point I am endeavouring to make in my infinitely laboured way is that we are very like a subsidiary company about to be hived off from the parent when our balance sheet will be looked at the first time by a lot of people who will be quite content to take us as part of the group. I use balance sheet here in the non-technical sense of our overall economic performance which will take in not merely growth rate but whether we can afford the growth rate. Reserves—where do they come from?

An Leas-Chathaoirleach

The Chair is sorry to interrupt the Senator but we must be very cautious here because there is a temptation and there will be a temptation to go into the EMS subject and the Chair must insist that we do not do so, apart from a reference.

I had thought I would be allowed in a discussion on an exchange control Bill to discuss exchange control. I did not think that I had ceased to do that, and if I have in any way I would be grateful to the Chair for intervening to prevent me wandering in the direction I certainly do not want to wander. Indeed, as I reflect on what the Chair said I see that it is possible that if I pursued the language I was on I might indeed depart from the rules or breach the rules of good order, and that would not be my wish. I merely say that if the situation arises when the powers which we are being asked to give to the Central Bank become necessary, we would be in the position of a hived off subsidiary and our controls would then be exercisable in these new conditions.

The Chair will not take offence if I say that I am less concerned about the rules of good order than I am about lots of other matters, and I do not want to say anything which would be in any way damaging to this economy. I think the House will accept that from me. I cannot think it is damaging to this State if I say that if exchange control comes to be operated under the powers that are supposed to be given it would be good for this country to have good economic policy and bad for this country if it has not, and we will be more clearly perceived by the world to be good or bad in that situation than we have been perceived by the world in the past and in the situation in which we may be moving out of.

I should like to express my good wishes to the Central Bank as it is faced with this very heavy additional burden, and to emphasise the very high desirability of extending in as complete a fashion as possible its awareness of all aspects of our economic situation as it has not been so necessary for it to be aware in the past, with a view so far as is possible to maintaining the flow of direct investment here and minimising the exchange risks or any risks of trading. I support the Bill.

Listening to Senator FitzGerald I got the feeling that most of his remarks were directed towards a situation where the additional power here would be exercised, and of course I agree with him that that sort of situation must be approached with caution. However, what we are dealing with is a Bill to enable the normal control over the transfer of currency to all areas other than the United Kingdom to be continued for another four years.

The discussion is being made a lot more interesting. There would have been a token approach to the Bill were it not for the fact that there is an amendment attached to it, to include, if necessary, if directed by the Minister, the area of the United Kingdom. First of all, I do not see much prospect of an end to the ordinary exchange control exercise in which we have been engaged since the last war, but it is a good thing that the measure should be renewed every four years or so so that there can be discussion on it.

The reason why we should have this sort of control is to protect ourselves against outflow of capital and against the fluctuations of currency around the world. However, the additional power sought by the Minister to apply the control of currency to the area of our nearest neighbour is a different aspect, and it is new. It is the sort of power that the Minister should have had at all times, that is, to direct the Central Bank, because in practice we have had a situation between us and our neighbour where all notable changes in bank rates have had to be followed automatically by the Irish banking system so as to protect ourselves against an outflow of money following the introduction of higher interest rates in the other area.

At all times we have to try to meet the consequences of that sort of situation. It has always been a problem, and probably will continue to be a problem for so long as our monetary situation remains as it is. Nevertheless, one must be concerned at all times for the effects, for example, on unemployment of changing rates in the different currencies, particularly in sterling. One must also be conscious of the cost to us of the extraordinary fall in value of sterling over the past five years. The cost to us of the eventual clearing of overseas loans is absolutely astronomical. The amending power here should be in the hands of the Minister in case the need to exercise it should arise.

I found one matter of interest mentioned by Senator FitzGerald in relation to the present trading situation. If the figures he has given us are correct—he said our trade with the UK is 61 per cent of that with the EEC—the change in our own trading situation has been somewhat dramatic, because the position six years ago would have been that our outside trading would be more than 70 per cent with the United Kingdom as against the rest of the world. It would appear that there has been such an increase in our own trading situation with the Community that it is now to us a major trading area.

The figures I gave, if my calculations are correct of course, might not be related to the proportion of UK exports and imports to our total exports to the EEC countries.

I have not got this year's figures but I know that on the figures up to the end of 1977 our position has changed so that our exports to the world outside are now somewhat in excess of our exports to the United Kingdom, which is a significant change. It is an improving situation so far as our own trading prospects are concerned.

I do not think that there is much point in speculating on the situation, which was touched on briefly by Senator FitzGerald, where a monetary system is proposed in the interests of greater monetary stability in the European Community. We do not know at present whether the United Kingdom, with which we are associated, will be involved in that. We do not know whether we will. In any case, the position is that the Minister should have the power to direct the Central Bank to control the flow of money to all areas, including, if necessary, the United Kingdom if the need should arise. That is the prudent thing to do. I welcome the precaution the Minister is taking, and support the Bill.

I support the Bill and the sentiments of the two previous Senators. I do not see why we could not have brought in legislation some years ago providing for the possibility of applying exchange controls to Britain. The possibility of changing our fixed parity with sterling has been aired now and then for a number of years and it must have become more than just a possibility when some time ago sterling dropped against the major world currencies. Happily for us, since we did not make the break at the time, which might in the long run have benefited us—making it some time ago, if the timing had been right—sterling has risen again against the major currencies and the position is not nearly as bad as it was, say, 18 months to two years ago.

On the other hand because of the fall in the value of sterling there have been major problems in the repayment of loans borrowed in foreign currency, and virtually every statement of account or balance sheet one gets from a semi-State body records these losses which the semi-State body have had to bear on the repayment of foreign loans. It is one of these stark facts that if one sticks with sterling then one has to take the knocks as well as receiving the benefits of remaining in the sterling area.

I imagine that nobody in the House would disagree with the main part of this Bill, the maintenance of exchange controls in the areas where they have already existed. The substantive change is that now we are talking about extending the provisions to the sterling area, and even though there are some advantages, the disadvantages of a break in the link and application of the controls are fairly clear. It is interesting to me that on a number of occasions previously when I have spoken somewhat in favour, on balance, of changing our situation vis-a-vis sterling I have received correspondence from business people of my acquaintance and some not of my acquaintance throwing up their hands in horror and claiming that their businesses would all go to the wall. It is interesting that at this time when the possibility has reared its head again there does not seem to be quite the same trepidation. I think this is important. The very fact that this Bill refers to the possibility of application of controls to the United Kingdom in our financial dealings means that there is perhaps not so much extra confidence than there was but that there is less of a lack of confidence in our situation than there has been on other occasions. Certainly confidence is of tremendous importance in this international monetary scheme. Again it has been encouraging to read the reports by foreign correspondents of generally benevolent nature when our problems vis-a-vis sterling have been rearing their heads again in the last couple of months.

I support the Bill. The decision whether to apply these particular controls to sterling obviously is a difficult one to take and it is one that in a sense would most easily be taken when external pressures forced it to be taken. It is a nice way for anybody to get off the hook, and perhaps from our point of view as a small country this is the situation in which such a decision should and would be made. My feeling about a decision like that is that it is not entirely an economic decision. It is not purely financial; clearly finance is going to play an overbearing part, but it is very much a political decision also. The advantages and disadvantages are not nearly as clear as, for example, were the advantages of joining the European Community in the first place when the benefits, particularly to our agricultural system, were absolutely clear. But, I think on that occasion we were being prepared to make the decision that we made whatever Britain's reaction was. The same may occur again.

I support the Bill and I feel that in the long term a change is inevitable whether it comes in the short term or not, and I think that we should have this legislation on the books because the moment of application could occur very suddenly. So, I believe people will not disagree in this House about the extension of the possibility of applying exchange controls to the sterling area.

I think that the House will approve of the two purposes in the Bill, first, to extend the period of the exchange controls and secondly to improve the legislation as the Bill is here for an amendment. Most people realise that the world is in a difficult monetary situation in so far as the exchange or the transfer of large sums of money can have serious consequences for any country. Certainly, it is very wise for our Government to be in a position to act quickly should any major transfers of money take place. We realise that if this country breaks with sterling there may be attractions for people to invest money in this country. At a first glance that might appear to be a good thing, but we also realise that anybody who comes in such circumstances to invest money here only comes to take his pound of flesh and go. The consequences would have to be met and could be serious for the country. We realise that this is an important Bill, and even those who are not financial wizards and experts realise it is most important to have very strict control especially for a small country.

I am rather amused now to find that the people who are saying that we should be very cautious in regard to our break with sterling are the very same people who over the years were calling for a break with sterling and the many advantages of such a break were pointed out.

There is very little to be said on this Bill other than that I am one of the Members of this House who are absolutely convinced that the Minister must have power to act in the circumstances in which he could find himself. With other Members, I welcome the Bill.

An Leas-Chathaoirleach

The Minister of State to conclude.

Senator Robinson wished to speak. She had prepared notes to speak when she was called out.

I am grateful to my colleague for his contribution to this debate. Like Senator FitzGerald I regard this as a very important Bill because of its background implications. One of the disadvantages of the procedure before this House is that it may be difficult for us to emphasise the importance and the implications of this Bill because, as the Minister has said, it is an enabling Bill; it enables us to change a pattern of economic activity with Britain which has lasted for a very long time. Despite the fact that it is an enabling Bill I do not believe that we should try to discuss it or assess its implications in a vacuum. We are not operating in a vacuum, and the Minister in his opening speech made that clear. He made it clear that the Bill would enable the Minister for Finance to apply exchange controls to transactions between this country and the United Kingdom should the need arise.

Again, in his conclusion he said that he is asking the House to agree to amend existing legislation to enable exchange controls to be applied to transactions between this country and the United Kingdom should the need arise. He goes on with the final paragraph which I would describe as civil service gobbledegook: "This power does not exist in general at present. In the uncertain situation before us it would not be prudent to continue with the existing limitations on our exchange control powers. It is obviously not possible to set out in advance what detailed exchange controls might eventually need to be implemented under this Bill. This would depend on what conditions emerge in the future. It is, however, clear that we must be in a position to deal with whatever developments in this area do occur".

I am sure there are some experts advising the Minister who could go on in that vein for a considerable length of time. But if we take away the curtain of gobbledegook and get down to the intent and purpose of this Bill, then clearly it is a step in preparation for the eventuality that we would join the proposed European Monetary System and that Britain would not do so or would delay its entry whilst it negotiated better terms.

As I understand it, if the trains run on time, to use the phrase coined by Dr. O'Donoghue, the Minister for Economic planning and Development, the decision about the proposed European Monetary System would be taken in less than a fortnight. So, in less than a fortnight we may be in a position to know whether the Government are going to have to avail of the facility which would be provided by the amendment proposed in this Bill. That is very important, because it comes back to the relevance of this House, the relevance of the Senate, to what is going on.

When we were debating developments in the European Communities, the 11th and 12th Reports Senator Whitaker specifically asked the Minister for Foreign Affairs, who was in the House at the time, if there would be an opportunity provided in this House to debate the European Monetary System, and it was presumed that this would be on the basis of a Government White Paper on the European Monetary System. I have not looked at the precise reference in the Seanad but I certainly heard the Minister say that there would be an opportunity. I would like to ask the Minister for State whether that opportunity will be given some time in the next fortnight to debate the question of the European Monetary System and Ireland's possible membership of it, and whether the Government will produce a White Paper on which we can properly and seriously and, discharging our responsibility as legislators and as representatives of the people, apply ourselves to that debate. I immensely distrust technical Bills which are introduced in an enabling manner so that very fundamental and important political decisions can be taken but the Houses of the Oireachtas would be deprived of an opportunity to discuss the very important political steps which might be taken.

Clearly, then, this Bill prepares for an eventuality, or possibly for several different variations of an eventuality. There are certainly three clear options facing us in the imminent proposals to establish a European Monetary System. The first is that Britain and Ireland would both join, in which case the power which we have been given in this Bill would not necessarily have to be exercised immediately but could be there in case it was decided to use it at a later stage, and the situation would be more likely to continue more or less as it is at the moment. In the second eventuality Britain and Ireland, and possibly Italy, might decide not to enter this European Monetary System, and again this would hardly change very substantially the existing relationship between ourselves and Britain. But it is the third eventuality, if Ireland does join and makes a decision in principle on the 4 and 5 December and there is a scheme introduced in the early months of next year, and if the United Kingdom either refuses to join or postpones its decision, as is looking more and more likely, to negotiate better terms at a later stage following a British election, then it appears that the Minister may very well be making the regulation and the commencement orders which we would be empowering him to make under this Bill before the House today.

I believe that it is not in the best interests of democracy, not at all reconcilable with the idea of open and democratic government, that we would discuss giving the Minister these powers without knowing to any responsible degree precisely what the implications of the powers would be. I am disappointed that the Minister in his opening speech chose to give us a very brief and technical introduction surrounded by some civil service gobbledegook about preparing for a possible eventuality should that eventuality ever arise. I do not think that this is adequate for Members of this House in a situation where Ireland is poised to take a step, which, if it is a step on our own, to join a European Monetary System in which Britain and possibly Italy would not be participating, then it could have far-reaching implications for employment, which is the major concern of the Labour Party, and for the economic stability in this country. I do not think that anybody in the Labour Party or in the other political parties——

An Leas-Chathaoirleach

On this subject we may only debate the link with sterling and the EMS in so far as it is relevant to the question of exchange control. The Senator has spent a lot of time already debating the subject which should be more properly debated at another time or perhaps on the Order——

The Chair will appreciate the likelihood of us being given an opportunity to do that. This is the point I am making.

An Leas-Chathaoirleach

That is not a problem which I can solve for you at this moment. I must ensure that the debate is carried on in good order. As I have restricted other Senators from going outside the subject to hand I must also ask the Senator to please relate her remarks to the question of exchange control.

I am aware that there has been a desire by the Chair to control very narrowly the scope of this debate. I obviously do not question the authority of the Chair but I find the attitude difficult to reconcile. For example, in the debate on the Reports on the Developments in the European Communities which we had recently in the Seanad, the two reports that we debated, the 11th and 12th Reports, ended with the Bremen meeting—I do not think they took in the Bremen meeting and if they did, they barely did—but we discussed the implications of development.

An Leas-Chathaoirleach

I must tell the Senator that that is not relevant to the decision I have made.

I know, but I think the Chair must appreciate that this Bill is enabling the Government to have the power to take steps which are envisaged in a very concrete context. We are not speaking in a vacuum; we are not debating the Bill in an abstract way. We are looking to the very important political decision which may very well face this Government initially for decision in a fortnight and then for further powers to be exercised in the early part of next year. I would have thought that before this House was asked to agree to this Bill a great deal more information should have been provided to Senators. I would have thought that first of all a White Paper should have been published by now by the Government setting out the implications. I appreciate that all of the financial arrangements may not have been fully discussed and decided upon, but surely the basic implications of the possible variations in the exchange rates between this country and Britain if this country joins and Britain does not have been considered. It is not very difficult to see the possibility of a White Paper assessing the implications for employment and for the monetary situation here if the Government were to exercise the power that we are proposing to allow them to exercise by allowing this Bill to be passed.

If the Minister would assure me at this stage that we will be given an opportunity in this House for a debate on the European Monetary System, I would be much more prepared to make my comments on this Bill a little less lengthy because there would be a further opportunity which would not embarrass my relations with the Chair to discuss the EMS. Will there be an opportunity and will the Government publish a White Paper? Is the Minister in a position to tell us?

A possibility exists for a debate here.

The possibility exists because the House exists, but how real is that possibility?

That is as far as I can put it—a possibility.

Before the decisions are taken in the European Council?

After the decisions have been taken?

Probably.

As I say, this Bill will enable the Government to exercise a very significant power in relation to our economic future. I have no objection to the Minister having the latent power to break the link with sterling, to break the exchange rate. In fact, there was a time not very long ago when all the indicators were that this could have been a very favourable course. With the limited information available to me at the moment and my personal lack of competence and economic training to assess it, it does not seem as though all the conditions would be as favourable at this point in time to break the link with sterling in the process of joining the European Monetary System as of now in a situation where Britain did not join but waited, perhaps for six months or a year, and then negotiated more favourable terms for joining. That is only a very qualified hesitation, because we just do not know what the situation is. I find it intolerable that we do not know; I find it difficult to debate this Bill without getting extremely angry at the lack of accountability by the Government to both Houses of the Oireachtas. I appreciate the sensitivity of some of the areas; I appreciate the need to negotiate on a bilateral basis with heads of governments, with Finance Ministers of other countries. But there has been a singular lack of real endeavour by the Government to inform both Houses of the Oireachtas of what is happening in relation to the most important step this country can take since we joined the European Community. What is worrying is that some of the effects of the Government policy——

An Leas-Chathaoirleach

The Chair must again intervene and ask the Senator to relate her remarks to the subject of exchange control.

I accept that I must relate my remarks to the subject of the Bill. I do so by seeing this Bill as enabling the Government, as a step towards Ireland joining the European Monetary System, to break the link with sterling. Because through this Bill we are giving the Government the power to do that, it is open at least to question the Minister on the implications of giving the Government the power to take that step. That seems to be a logical context in which to consider this Bill.

I have no desire to try to enter into a very technical debate on the role of the Central Bank. I want to assess, as a politician and as a member of the Labour Party, what kind of power the Minister is being given in this Bill and why he is being given it at this particular time. The only context in which I can do this is to say that the Minister for Finance and the Government are being given the power to break the link with sterling at this time because they envisage what looks now to be the likelihood of doing so when Ireland joins the European Monetary System. We can only really assess that situation if we have a White Paper which gives us the Government's assessment of the implications for employment, inflation and the kind of resource transfers that we would need in order to combat any adverse consequences of that break with sterling. I find it hard to believe that I am intolerably out of order in asking the Minister these questions when the Minister is seeking power from this House to break the link with sterling in the context of the current negotiations about the European Monetary System.

There is a concept in law whereby the court can take judicial notice of something that is so obvious and so well known that by common sense the judge knows of it. Surely in the context of a debate like this we can take Parliamentary notice of the forthcoming decision on the European Monetary System. We cannot, in a blinkered and abstract way. debate a Bill of this sort.

If I had had an assurance from the Minister that we would get an opportunity in the Seanad to debate the European Monetary System before the vital decisions are taken, then I would certainly accept the ruling of the Chair and say that there would be a more appropriate place to debate this very important subject. But the answer is that the Minister has very clearly stated, but not in an entirely unambiguous way, that there will not be an opportunity in this House to debate the implications of the EMS before the decisions are taken in Brussels. I resent the fact that decisions are going to be taken in Brussels which would have such far reaching implications for employment, the prospects for our economy——

An Leas-Chathaoirleach

The Chair must again intervene and say that the Chair has already made a decision and stated that the Senator is out of order. The Senator may feel aggrieved with a Minister or anybody else. That is not the concern of the Chair at this time. The sole concern of the Chair is to ensure that this debate is carried on in good order. I have ruled that the Senator is being irrelevant to the subject before us.

I am not seeking to contest the authority of the Chair. The Chair had made the ruling in this case very clear. I have nothing further to say in relation to this Bill, because if we are not going to be given a proper opportunity when I will not have to trespass on the patience of the Chair, then I cannot continue to speak on this measure. I register my protest as a Senator that we are not going to be given an opportunity in this House of debating the implications of the EMS before the decision is taken.

Surely my colleagues in the Opposition benches must realise that all this Bill is doing is giving the Minister power that he should have. This power was not required in the past because of the traditional relationship between sterling and the Irish £ and because of the way transactions are carried on. I cannot understand what is bothering them. We are not saying, and I am sure the Minister is not saying, that this Bill is breaking the link with sterling. It is not. It is giving him power to regulate the movement of capital particularly. Every small country in the EEC has the same powers. The bigger countries probably do not need it because they usually have enough capital. That is what the Bill is about. We could stop and leave it there, but the Opposition Senators have not left it there. They have opened up a number of issues on which the Chair has had to rule. It will be pretty difficult for us at this side of the House to ignore some of those issues because they are going to receive attention. I am not going to go into an EMS Second Stage speech but I think I am entitled to deal with what has been said. I was most surprised to hear Senator FitzGerald saying that Ireland was a subsidiary of the UK.

He did not say that. He spoke of a subsidiary company——

He made a comparison, but that is the implication.

It is not the implication. It was not intended as such.

The very fact that he used that metaphor in itself shows the type of thinking that we have had in this country for years.

That is a distortion of what he said.

To think that we have been talking about Ireland as a subsidiary of the UK is absolutely crazy. We are not talking in this Bill about breaking the link with sterling. We are talking about giving the Minister powers he will need in the event of certain things happening in the future. Even if those things never happen he should have the power and it should not necessarily be tied to scheduled territories by Acts of Parliament. We do not want to break the link with sterling. We want to keep the same currency. We are talking about union in Europe, not about breaking things up. It is the UK that is making life difficult for us, not Ireland. We are not doing stupid things. They are doing stupid things.

That is a matter of opinion.

We gave the other side of the House an opportunity last June to debate it in this House. I put a motion before this House and I must say that I was very disappointed with the standard of analysis. The opportunity was there. The point has been made that the Opposition have not had the opportunity to debate the matter. There was a motion before the House before we broke up for the summer recess.

You can provide that opportunity now.

The Opposition should have taken it when it was given to them. On the question of the interest rate which was mentioned and the effect it would have on exchange, the UK will change its interest rate to suit itself. It is changing it now in order to regulate the economy because it cannot produce a good deal with its trade unions. It changed its interest rate and we have got to follow suit because we are in a position where there is a free flow of funds. It seems obvious to me that the power we are asking for in this Bill is the sort of thing that, given the developments in the future, we will have to use in a situation such as that.

The notion that introducing a regulation of this kind is going to affect the sources of funds is a point that was made. Far from affecting sources of funds, it might make it much easier for us to have a much wider set of sources of funds such as German, French or Arab sources and much cheaper money than one can get from the UK. If we were linked to a European Monetary System in that situation we would not have the problem of risk because our currency would be harder as it would be moving in line with the other currency. This country has a tie through sterling to the Bank of England and to other banks. We all know what happened when we had the bank strike. If we did not have the foreign banks we would have been in real trouble. As we opened up our trading movements and as more banks took an interest in Ireland our businessmen became better at their jobs and took more opportunities to develop our economy so that eventually they might provide the employment that we need. We are talking about a Bill that is giving the Minister the power he needs to do his job particularly in the situation in which we find ourselves. I find it very difficult to avoid widening it into the broader issue and I shall leave it at that.

I wish to reply to a remark by Senator Mulcahy to Senator Markey that we had an opportunity to discuss this matter on the appropriate motion in June. No decision was made by the Government at that time. What would have been the advantage of a discussion when the Government had not made a decision at that time? I am not taking issue with the Minister, but I think he answered a bit too quickly when Senator Robinson asked him if there would be a debate before the decision was finally taken or whether we would have to wait until after the decision has been taken.

Neither of those two things is relevant on this issue. We cannot have a debate on the EMS now. The precise reason for this Bill is exchange control. Senators may refer to it but may not discuss it.

A reference was made to the fact that a motion was down under which we could have had time to discuss it. I am merely referring to the fact——

I pointed out to the Senator then that we were not discussing that motion either.

I accept the ruling of the Chair but I cannot see the relevance of that reply to Senator Robinson because I think it is very important to the nation. If an employer told me that he was going to change my whole way of life, that he was going to make a decision that would affect me, and if he then said in a public forum that I would have no right of consultation before that decision was taken, I would not take that from him. I would not let any of my trade union members accept a situation like that. There must be consultation before a decision affecting the whole nation is taken.

One of the problems is the way Bills are drafted. They are drafted in legal jargon. That is all right for the solicitors and other legal authorities but somebody else has to read the Bill also. Farmers, auctioneers, trade union officials have to read it. I can only interpret a Bill as I read it and I do my best to be relevant to the subject matter of the Bill. As I see it, nobody is arguing that the powers should not be given to the Minister, and I would welcome the Bill in this respect. I cannot understand what is wrong with debating to some extent the underlying reasons. If we go beyond the bounds of what is the norm, I think it excusable in the circumstances because of the lack of information on the whole monetary situation. It is not easy to publish a Bill in the way people would like because it must be written in a certain way. To me this 1978 Exchange Control (Continuance and Amendment) Bill, is a means of facilitating a break with the link with sterling whenever the opportunity presents itself. It is taking into account that we may actually enter the EMS and in order to offset difficulties the Minister must be given certain powers. There is nobody arguing about that. I welcome the Bill from that point of view.

It could well be that the Bill itself was necessitated by the extended argument over the debate on the break with the link with sterling. I am not talking about the merits of breaking that link but if we do not deal with the problem areas we will not know whether we were actually wise in bringing in this power so quickly rather than waiting a while. I can see that I am going to be ruled out of order because I took the tone of the Bill to mean something else until I heard the debate and I am not going to carry on much longer.

The position is that nobody is opposed to granting the powers to the Minister but if there are underlying reasons we are entitled to have some possibility of debating them. I would like that to be considered. I cannot see how I can go on any further without being brought to order. Therefore, I think the best thing I can do is sit down.

I should like to support this very necessary and prudent matter. Movements of exchange, whether we like it or not, have been a major feature of economic life particularly in the past ten or 15 years, such as successive changes in sterling, the current position of the dollar versus the yen and the European currencies, variations in the "Snake" and constant inflation in the Swiss franc. We can think about the massive efforts made in eastern countries to control their exchanges and their desperate efforts to obtain a western currency which certainly make our exchange controls seem very mild indeed.

This Bill is a matter of simple common prudence and indeed one might possibly query the Bill. When the Exchange Control Act of 1954 was being enacted it was not thought fit and proper to take in the powers which the Minister is now quite rightly requesting. One could just imagine the chorus of criticism that would arise in the present and future situation, whatever way it may turn out, if the Minister had not taken appropriate powers so that our foreign reserves were under control and we had the appropriate financial legislation. I think it high time that we had these powers. I congratulate the Minister on bringing them in.

I wish to put this Bill in context because there seems to be a lot of diversion from what we are doing here. As Senator Mulcahy said, we had an opportunity before of discussing the EMS and there has been no decision taken anywhere in the meantime so we are still in the same position. Exchange control originally came after the Second World War, and originally it was under emergency legislation. This Bill was brought in in 1954 and every four years it has been renewed. What we are doing is that for the sixth time we are renewing something which has been renewed five times already with a slight variation that there is an amendment in that by regulation if the Minister so wishes he can bring in those areas which were previously scheduled. As everybody is aware there have been discussions about changes in our monetary situation and it appears sensible to give the Minister power to regulate it. That appears to be the total position of the Bill.

I would like to ask the Minister one question because I am not quite clear on one point. In the explanatory memorandum which was issued with the Bill, in paragraph 2 in the scheduled area Gibraltar is included but later, and in the amendment in paragraph 5 of it, Gibraltar is omitted. I would like to know what has happened to Gibralter.

I wish to thank the Senators for their contributions. Some of the speeches were worth while and I listened to them carefully. I shall start first with Senator Robinson who was fully aware in reading the Bill that it was not dealing with the EMS. It surprised me that she availed of the opportunity to deal with that matter. Of course under this Bill I cannot discuss the implications of the EMS or any other questions that she wanted me to answer. She highlighted the whole thing when she said "an enabling Bill" and that is all it is. It is an enabling Bill giving the Minister options in preparing for any eventualities in the future. I think any Minister for Finance in any part of the world would be entitled to this power. After highlighting the principle of the Bill, she availed of the opportunity to discuss the EMS. I cannot comment on the whole EMS question. I understand that there is a possibility of an EMS debate in the Seanad at some stage but I cannot go into details now.

Senator FitzGerald certainly went into a very broad area and I would be here for the remainder of the evening if I had to answer all his points. I can accept what the Senator has said about the gravity of the question of the possible deduction of exchange controls on transactions with the United Kingdom. I can assure him that if any such exchange controls were ever to arrive, and I want to put emphasis on that, all these matters would be very carefully examined. Senator FitzGerald talked about the advantages but Senators Brugha, West and Mulcahy pointed out that there are also disadvantages in the present system and I agree with that. That is why the whole question has arisen. A Minister holding such an important position as the Minister for Finance does is entitled to rectify anything that may be a disadvantage to this country. Senator Mulcahy has also pointed out this Bill will not give the power itself to break the existing exchange rate relationship with sterling. It is concerned solely with exchange control. I was amazed that some of the Senators took the opportunity of discussing such matters. I am glad that the majority of Senators on both sides of the House welcomed the Bill. I think it is of vital importance that the Minister for Finance would have the power in this respect.

It should be pointed out that in a small capital-importing economy such as ours we are primarily concerned with limiting the outflow of capital funds for purely financial reasons. We are not concerned with current transactions except to the extent that such transactions are supervised to prevent unauthorised capital transfers. Senators on both sides of the House would agree on this very important matter. An additional reason for having controls is to regulate speculative movements of funds either inwards or outwards. Ireland has not to date experienced much difficulty in this respect but, at the same time, it is important that we prepare for all eventualities that may arise from now onwards. This to my mind is the whole principle of the Bill.

The amendments proposed in the Bill will allow us to maintain our existing legislative power and in addition will allow us to use these controls in respect of United Kingdom transactions should the need arise. I think that the Minister must be put in that position. However, the present administration of exchange control is not amended thereby.

A number of Senators made tremendous contributions and we have noted them. I want to assure everybody concerned that when we talk about exchange control every possible avenue is being explored, everything is being examined to the fullest extent by the Minister for Finance in the event of any changes that may arise where the monetary system is concerned.

Question put and agreed to.
Bill put through Committee, reported without amendment, received for final consideration and passed.
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