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Select Committee on Finance and General Affairs debate -
Wednesday, 26 May 1993

SECTION 37.

I move amendment No. 122:

In page 75, subsection (1), between lines 42 and 43, to insert the following:

"(a) by the extension of the 10 per cent. corporation profits tax rate to technical and consultant service contracts executed in all export markets outside the European Community."

I gave much thought to this amendment, first about tabling it and secondly about its target. I gave it much thought against the background of the Culliton report which, among other recommendations, clearly states that it does not want to see an extension of the general application of the 10 per cent rate of tax.

I know that since the Minister has already extended that concept to the advertising income of newspapers, the ministerial pot will not call this suggestion black.

It arises largely out of my experience trying to pick up expressions of interest in EC schemes by Irish companies. I am convinced through the work done heretofore in the European Parliament that Irish firms in general and Irish consulting firms, in particular, are slow on the uptake, for many reasons, in respect of a variety of EC schemes.

In the amendment I am suggesting that the 10 per cent corporation profits tax rate be extended to technical and consultant service contracts executed in all export markets outside the EC.

Were we to apply it inside the EC it would be trade distorting, anti-competitive under the Treaty of Rome and would not wash. Outside the EC, however, I am thinking of Central and Eastern Europe, the Commonwealth of Independent States and the African, Caribbean and Pacific countries for which there is the PHARE programme — aid and technical assistance to Central and Eastern Europe — the TACIS — technical assistance to the Commonwealth of Independent States programme for the former Soviet Union and the Lomé Convention for the ACP countries.

Under those programmes there is a very significant amount of contractual work for technical and consult service contracts. My confirmed belief from looking at the reports on those programmes is that in Ireland, we are doing badly on them. The general size of our consultancy companies, like most of our companies, is very small by European standards. We are not big players in that context. There is a very high cost of entry to that type of market. We live on an island, there are expensive air fares, hotels and so on and this tends to be offputting. It is easier to look for consultancy contracts near home or in the UK rather than heading off into the great unknown.

The third thing I have discovered, much to my disappointment — I made something of an issue of this in the European Parliament — is that many of the contractors use people as tender fodder. They will probably have decided who they want in advance but the rules oblige them, for contracts above a certain level, to invite submissions. When companies are bitter like that after putting in all the man hours and, in some cases, man years to produce proposals, paying travel costs and so on they are twice shy.

Section 18, which we dealt with yesterday, seeks to generate more enterprise here. This is rich in employment terms. We are not talking about big capital assets. Technical and consulting services are based on people power and brain power rather than on capital assets. It is focused on non-EC activity precisely because I would not wish it to be caught offending competition rules. It is aimed to encourage or to signal to Irish technical consulting companies that there is a vast market to be tapped, not least in EC schemes for Central and Eastern Europe, the former Soviet Union and African, Caribbean and Pacific countries. It has a great deal of merit and is worth considering.

It was with some trepidation I thought of tabling the amendment because I do not incline easily to the view of tax base write-off. The general prescription of Culliton was not to extend this tax but its logic is very much in line with the logic that the Minister employed in section 18 which was discussed and approved yesterday. I urge the Minister to consider my amendment. Perhaps it needs the expertise of a parliamentary draftsman to tighten it up but the essential idea is a sound one. It is for people with power which we are very rich in and it is worth looking at.

I support this amendment. When I was chairman of the Oireachtas Joint Committee on Small Businesses, particularly when studying the construction sector, I come across a variety of technical services provided by architects, quantity surveyors, etc. and niche makes of technical companies that were small but had huge potential to grow. This is extremely labour intensive and knowledge based skill intensive. It provides a great opportunity because if one wins a consultancy contract — there is a good relationship between consultancy firms and construction firms — they can get the business that will follow. In other words, if an architect wins a contract for a public service project in the UK or elsewhere he could advise his contracts in the construction industry to tender for the work. Also if you get consultancy firms breaking language barriers that will also open up new opportunities.

The Government is spending a great deal of money on advertising and PR. There are huge opportunities for growth for consultancy firms. They should not rely on public sector contracts but expand into the UK. Deputy Rabbitte reminded us that it was money well spent in relation to Government Ministers, that they needed this improvement and the taxpayer is probably getting good value for money. If these services were opened up it could mean that jobs at home could be sustained by export contracts. Given that pressure is building for greater competitive tendering systems within the EC, it is something that should be considered. It is all extra business for Ireland.

I support this amendment. Anybody involved, particularly in the services industry, will welcome this. Our market is small. One of the economic arguments for a united Ireland is that we would have a bigger market place. One way to grow is to become involved in export markets. To do that, one needs encouragement. Some companies are very reluctant to take this on. Any incentive to business in this regard should be examined carefully. We spoke this morning about the disincentives to business. Whereas the Minister this morning pointed to the fact that he is offering incentives to business and never before in the history of mankind have we seen so many incentives offered as were offered by this Government, what would be a small gesture in this case would be very welcome, particularly in the services contract sector.

I acknowledge that Deputy Cox has done a great deal of work in this area. The Finance Act, a few years ago, attempted to limit the 10 per cent rate. Any broadening of the scope has the effect of narrowing the tax base, but if there are desirable arguments about contracts, it is worthy of examination. If the Deputy would make his work available we could have a look at it. The EC are now much more conscious of competition between member states and are examining the issue. We would probably need EC approval for such a measure as it would be a service activity.

Is the amendment withdrawn?

Can I return to it on Report Stage?

Amendment, by leave, withdrawn.

Amendment No. 123 has been ruled out of order.

With reference to the debate on the currency phenomenon and the alternative minimum tax, I want to reserve my position on that for Report Stage.

On Section 37, amendment No. 123a was already discussed in the context of amendment No. 117.

I move amendment No. 123a:

In page 76, line 3, to delete "and".

Amendment agreed to.

I move amendment No. 123b:

In page 77, subsection (1) (b), line 14, to delete "published." and to substitute "published, and".

Amendment agreed to.

I move amendment No. 123c:

In page 77, between lines 14 and 15, to insert the following:

"(c) by the insertion after subsection (1CC10) of the following subsection:

‘(1CC11) (a) In this subsection "newspaper" means a newspaper—

(i) the contents of each issue of which consist wholly or mainly, as regards the quantity of printed matter contained therein, of information on the principal current events and topics of general public interest,

(ii) the format of which is commonly regarded as newspaper format, and

(iii) which is—

(I) printed on newsprint,

(II) intended to be sold to the public, and

(III) normally published at least fortnightly.

(b) The following provisions shall apply for the purposes of relief under this Chapter in relation to a company that carries on a trade which consists of or includes the production in the State of a newspaper:

(i) the production of the newspaper (including the rendering of advertising services in the course of the production of the newspaper) by the company shall be regarded as the manufacture within the State of goods,

(ii) any amount receivable—

(I) from the sale of copies of the newspaper, or

(II) from the rendering by the company of advertising services in the course of the production of the newspaper,

shall be regarded as an amount receivable from the sale of goods,

and

(iii) subsection (1D) shall have effect as respects the company in relation to a claim by it for relief from tax by virtue of this subsection as it has effect as respects a company in relation to a claim by it for relief from tax by virtue of subsection (1B) or (1C).',

and

(d) in subsection (6), by the substitution for ‘For the purposes' of ‘Subject to subsection (1CC11), for the purposes'.".

Amendment agreed to.

I move amendment No. 123d:

In page 77, subsection (2) (b), line 20, to delete "paragraph (b)" and to substitute "paragraphs (b), (c) and (d)".

Amendment agreed to.
Section 37, as amended, agreed to.
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