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Select Committee on Finance and General Affairs debate -
Tuesday, 9 May 1995

SECTION 19.

I move amendment No. 30:

In page 44, line 21, to delete "to which this section applies".

This is another relieving section which the Minister introduced in that there were very difficult tax rules regarding commencements of businesses, and they were short circuits of what were the main interests of farmers since the advent of the current year basis of self-assessment. The Minister is introducing a relieving section which provides that a person would not be penalised with regard to short lived businesses. I am seeking to improve the section by deleting the words "to which this section applies". This would allow the person ceasing trading to offset the losses in the old trade against any profits in any new trade that he or she may commence. It encourages the entrepreneur to get back on his feet and to diversify. There are commencement rules which are of undoubted benefit to the new trade, but why not allow him also to recover his losses from the old trade in this way? I am not aware if the experts and officials in the Department have considered the matter, but this would be the effect of the amendment. I have not indicated what the cost to the Exchequer would be, but it would be very small.

We had a slight problem in fully understanding the Deputy's amendment when it was put down in the first instance.

It was put down only yesterday evening, and the Minister may not have had time to consider it further. Perhaps it could be considered before Report Stage. In any event, the effect of the amendment would be as I have indicated.

If that is what the effect of the amendment would be, then, in principle, I am not averse to it, but it would depend on the effect.

Perhaps the Minister and his officials will consider it before Report Stage.

Amendment, by leave, withdrawn.
Section 19 agreed to.

As it is now 6 o'clock, I am required to put the following question, in accordance with an order of the Dáil of this day: "That the amendments set down by the Minister for Finance in Chapter One of Part I of the Bill and not disposed of are hereby made to the Bill, and in respect of each of the sections undisposed of in the said Chapter, that the section, or as appropriate the section as amended is hereby agreed to".

While we disposed of all the sections and all the amendments in the name of the Minister, we postponed a decision on an amendment to section 8 in the name of Deputy McCreevy. I gave a commitment at that time that we would put this question at 6 o'clock, and whether I am procedurally correct or not, I am now going to do so.

Amendment No. 11 to section 8 has not been disposed of.

Amendment put.
The Select Committee divided: Tá, 12; Nil 9.

Broughan, Tommy.

Mitchell, Jim.

Connaughton, Paul.

Nealon, Ted.

Connor, John.

Penrose, William.

Kenny, Seán.

Quinn, Ruairí.

McCormack, Pádraic.

Ring, Michael.

McDowell, Derek.

Ryan, John.

Níl

Ahern, Michael.

Moynihan, Donal.

Ahern, Noel.

Ó Cuív, Éamon.

Cullen, Martin.

Sargent, Trevor.

Dempsey, Noel.

Wallace, Dan.

McCreevy, Charlie.

Amendment declared lost.
Section 8 agreed to.

The transcript of this morning's proceedings has been available since 4.30 p.m. That is the first time that I have seen that happen and I congratulate the Editor and the staff involved in this fantastic achievement which we appreciate. I understand that the transcript of this afternoon's proceedings will be available first thing in the morning.

They were distributed hot off the press.

The Select Committee adjourned at 6.12 p.m. until 9.30 a.m. on Wednesday, 10 May 1995.

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