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SELECT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS debate -
Thursday, 1 Jul 2004

Taxes Consolidation Act 1997 (Prescribed Research and Development Activities) Regulations 2004.

We have received apologies from a number of members including our chairman Deputy Cassidy and Deputies Lenihan and Wilkinson. Deputies Carty and O'Connor, who will be along later, will substitute for members who are absent. I welcome Deputy Ó Fearghaíl who is substituting for Deputy Lenihan.

On behalf of the select committee I welcome the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Michael Ahern, and his officials to this meeting. We are here to discuss the consideration of the draft Taxes Consolidation Act 1997 (Prescribed Research and Development Activities) Regulations 2004. We will commence with consideration of the draft——

I ask the Acting Chairman's indulgence to allow me to raise a brief point before we deal with the scheduled business. I believe it is an issue that would attract support from members across the room. I refer to the publication this morning of the profits of the insurance industry, a matter which pertains to our inquiry into insurance matters. It would be extraordinary if the committee met today and did not make a brief comment on the fact that the insurance industry made profits of €747 million before tax last year in an environment that was presented to this committee some months ago as a dysfunctional market.

In the motor industry profits of €385 million were made. It is incumbent on us as a committee to state that the changes we, the Oireachtas and Government brought about with the establishment of the PIAB last month and the legislation on the justice side to deal with the issue of perjury currently going through the Dáil will have a further impact on the industry's profit margins. A clear message should be sent from this committee that we expect those savings to be passed on as a matter of urgency to premium payers, particularly to young motorists in rural areas who still find the cost of insurance unaffordable.

I support Deputy Howlin. It is incumbent on us as a committee to send out a message loud and clear to the insurance industry that the committee has taken this matter seriously from the time it was established and we have listened to the various sides of the industry make presentations to us. The message must go out loud and clear that there has been a turnaround in the climate in which this industry carries out its business and that we expect the effects of this will be seen immediately in reduced premiums for the public.

I agree with the previous two speakers. We have worked in this committee to try to ensure the cost of insurance is reduced. It is time for the insurance companies to bring down the price of insurance. Profits such as those Deputy Howlin mentioned are astronomical. We have to put more pressure on insurance companies to ensure they give back to the people who need insurance their right to have it at a reasonable cost.

The work of this committee has created an environment where there can be a profitable insurance industry. The trick is to attract many other players into the market to ensure there is real competition. Sending out the message that it is our intention that insurance premiums will be substantially lowered should encourage more competition into the market.

We will have further discussions on this matter at our meeting next week.

Before proceeding with today's business I thank the members of the committee for their work in regard to the insurance industry in the past year or so. It was gratifying to note there was all-party support for the actions taken by the Government in regard to the MIAB, in the bringing into operation of the PIAB, in the introduction of the penalty points system and regarding all the decisions in that area that were taken. The system seems to be working. I thank the members of the committee for the work they have done in this area. It is important to maintain the pressure for the benefit of the community.

We will move on to deal with the Taxes Consolidation Act (Prescribed Research and Development Activities) Regulations 2004. I thank the Acting Chairman and members for attending the meeting. I want to express my thanks and that of my Department to the committee, to its Chairman, Deputy Cassidy, in his absence, for agreeing to convene this meeting at such short notice and to Deputy Callanan for assuming the chair.

I assure members consideration of these regulations is time well spent and that the passing of them will be of critical importance to Irish industry and to the economy in general. The overall aim of these regulations is to encourage and increase the amount of research and development carried out by companies in Ireland and to make Ireland an attractive destination for foreign companies to commence or increase research and development, thereby moving Ireland's industry up the knowledge chain.

The regulations are on foot of a provision in the Finance Act 2004 which provides for the introduction of an incremental tax credit for companies undertaking research and development activities. Specifically, this section provides that the Minister for Enterprise, Trade and Employment, in consultation with the Minister for Finance, may make regulations spelling out which research and development activities are or, equally important, are not eligible for a tax credit. This distinction is important to ensure that only the right type of research and development qualifies for a tax credit. By the right type of research I mean research and development which will contribute to an enhancement of the calibre of research and development in Ireland and create high quality jobs and opportunities for our workforce. Critically, the tax credit will apply not only to basic and applied research, but also to experimental development, an activity of significant importance to Irish companies. This measure will provide an effective incentive to companies to increase research and development and will complement the various direct or, indeed, grant supports which are also available through various agencies of the State.

The types of activities defined by the regulations as eligible are in the fields of natural science, engineering and technology, medical sciences and agricultural sciences. However, the regulations specify that activities in categories of, for example, research and social sciences, market research and changes of a cosmetic or stylistic nature to existing products are not considered research and development for the purposes of the Finance Act.

I thank the committee for its co-operation in convening the meeting and I reiterate that this new initiative is particularly significant for Ireland as the level of research and development undertaken by businesses here is low for an economy whose output and exports are dominated by high technology sectors. Private sector spend needs to increase substantially if the major investment under way in the public sector is to be fully effective in its objective of fostering a more knowledge-intensive economy. Internationally, fiscal incentives in the form of tax credits or enhanced allowances are widely used to stimulate private sector research and development. Some 18 OECD member states already offer such incentives. As the importance of research and development for long-term economic growth has gained general acceptance, Ireland cannot afford to waste any time implementing these regulations.

I thank the Minister of State. Research and development is the lifeblood of any industry and this important tax credit is an effective incentive. If companies do not carry out research and development, they go down hill. I compliment the Minister of State on bringing forward this important measure.

We fully support this initiative. Research and development is an essential element of a good economy. We have no problem with this regulation. Has the Minister of State identified some abuses?

No abuses have been identified. We want to set out clearly what does and does not qualify and to make sure we do not have to go after people for abusing the system.

I welcome what I believe is the rationale for including this in the Finance Act. The devil is always in the detail. I was given the briefing note yesterday and I have just been given the statutory instrument. I have no doubt somebody will explain to me the type of research, which seems extraordinarily broad ranging, covered by this. Research into otorhinolaryngology and palaeoecology is, I am sure, highly worthy but will not be instantly recognisable to most members of the committee. I am struck by how broad ranging the activities encompassed by this potential tax credit are. It seems that anything in the field of agricultural research, forestry research, medical research, mathematical research, pure science research, chemical research or physical research will all potentially be covered. That raises the issue of how to ensure there is value added to the State and the taxpayer in giving tax credits.

Will the Minister of State outline the system of certification envisaged and who will conduct certification in regard to approvals of applications for tax credits under this regulation? Is a role for Science Foundation Ireland envisaged? Has it been contacted or asked for an opinion on this matter? Does this regulation apply exclusively to companies or can stand alone research undertaken, for example, by universities or by centres of higher education benefit in any way from this?

The Deputy asked about the definition of research and development activities. The Finance Act 2004 contains a core definition of the activities as being systematic, investigative and experimental activities in a field of science and technology being either basic research or applied research or experimental development. They must seek to achieve scientific or technological advancements and involve the resolution of technological uncertainty. The regulations before us define what is and is not qualifying research and development for the purposes of availing of tax credits and if categories of activities included in the regulations are based on the Frascati model, which is an old OECD standard for research and development.

Who was Mr. Frascati or Madame Frascati?

I presume Mr. Frascati was Italian or of Italian extraction.

And had nothing to do with a shopping centre in south Dublin.

The Revenue will certify the qualifying expenditure. Only companies will qualify because it relates to corporation tax credits.

How will the Revenue be scientifically enabled to make such decisions about what constitutes pure research that will have the benefits defined in the 2004 Finance Act? I know the Revenue has extraordinary talents but to encompass all the disciplines involved here would stretch even a Revenue official.

The Revenue will have access to expertise, if necessary.

What is the procedure?

There are experts in Science Foundation Ireland, in the universities, in Enterprise Ireland and in Forfás. The expertise will be available if needed.

The core issue for us is to ensure that, in providing tax credits, we are not creating a loophole for tax avoidance. We want to benefit pure research which has a knock-on value to the Irish economy and which will sustain Ireland as a cutting edge country in terms of the next generation of job creation. However, we do not want to create a loophole that will allow people, who are used to availing of loopholes, to avoid tax. What is the structure? Is Science Foundation Ireland the mechanism or the agent? Is it haphazard, random and dependent on a Revenue official to determine who should it validate? Is a structure in place to evaluate applications under this regulation? If not, will one be put in place?

The Revenue will look at the claims made for tax credit and if it is of the opinion that there is a need for expertise to be employed to ensure the work qualifies, it will be in a position to acquire that expertise.

How can a Revenue official determine that research in vulcanology, oceanography or the other disciplines covered by the regulations will comply with the Finance Act 2004 without a scientific structure in place to certify that is the case as a matter of routine?

Tax relief on patents, for example, has been provided for many years. The Revenue calls on experts in that area, if necessary, and a similar scenario will apply under these regulations.

I am unimpressed that no structure will be in place to provide a scientific evaluation of the benefits of the tax credits.

No matter what area of taxation is involved——

Does the Minister of State intend to report back to the Oireachtas on applications so that the Oireachtas or at least this committee can evaluate whether the Finance Act 2004 and the regulations have been complied with? In other words, is a reporting mechanism approved under these regulations so that a committee can oversee their implementation?

The Departments of Enterprise, Trade and Employment and Finance will review this tax credit initiative and will report on it. It will not be left standing out on its own.

Deputy Howlin is probably fearful a loophole will be created whereby companies can avail of exemptions to which they are not entitled and that is fair enough. I would not be as fearful as him but, at the same time, his query is legitimate and the reply he received is not clear. These regulations are important and must be approved but we should be aware of how they will be monitored because we must be sure these regulations are working as intended.

Furthers guidelines will be issued by Revenue. Those who make an application for tax credits under the initiatives must comply with the guidelines. If questions are raised regarding whether they meet the conditions to qualify for the tax credits, the Revenue will have the power to bring in experts to ensure the conditions are complied with from a technical point of view. I understand the concerns of members that it should be ensured people do not abuse the system but the Revenue will have the power to make sure they do not.

While I welcome the regulations, there should be co-operation on research and development between small indigenous companies and third level institutions. A certain amount is taking place but co-operation on research and development should be enhanced. It should also be internationalised by establishing links between domestic industry and foreign third level institutions.

The scheme will not support research and development in universities. However, my Department is examining the processes undertaken by Enterprise Ireland companies. For example, where a company incurs expenditure carrying out research and development and pays a sum to a university or institute of higher education, it qualifies for tax relief provided the sum paid does not exceed 5% of the expenditure incurred on research and development activities. We are seeking to develop links between companies and higher education institutes.

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