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Select Committee on Finance and General Affairs debate -
Wednesday, 10 May 1995

SECTION 31.

Question proposed: "That section 31 stand part of the Bill."

The section improves matters somewhat. However, I oppose it because some of its language is very archaic. By opposing it, I hope to highlight this problem. The section is over three pages long and in this era of trying to enable taxpayers to understand this type of legislation it is as good an example as any of the difficulties of meeting that objective.

This a relieving section regarding the payment of tax. However, an ordinary person would never figure that out by reading the section, which is one of the good improvements included by the Minister in the Bill as a result of negotiations between accountancy bodies and the Revenue Commissioners. No ordinary person would realise by reading it that this is a relieving section and nobody would understand its meaning unless one read the explanatory memorandum.

The position would have been fine if the wording of the explanatory memorandum had been used in the section. Explanatory memoranda explain precisely the purpose of sections and similar wording should be used in sections. I do not intend to cause offence to personnel in the Department of Finance or the Revenue Commissioners as this point applies to all Bills, which are usually drafted by the sponsoring Department before going to the office of the parliamentary draftsman.

Language, such as that in section 30 or the explanatory memorandum, should be used, rather than this extraordinary language. For example, page 59 states, "'pre-preceding chargeable period'". I know the meaning of this term, but if I was not a member of the profession, I would not understand it.

The Deputy is protecting his source of income.

I wish to emphasise the point. Perhaps the Minister's Department could try in future to make sections clearer and easier to understand. The section's purpose is good, but one could not make that out from reading it.

If the Minister, as he stated during his budget speech, is embarking on a process of consolidating the income tax Acts, I hope the opportunity will be taken to simplify and modify language, such as that included in this section, to ensure that it is readily understood. Regarding the debate this morning, before Committee Stage debate resumed, it is undoubtedly the case that ordinary people cannot understand tax legislation.

This will probably always be the case, but it places a significant onus on us as legislators to have regard to the standards and integrity of the accountancy profession. In relation to this morning's debate, which will be discussed tomorrow evening, it strikes me, first, that their integrity was put in question and, second, that legislation is being introduced which will drive out good accountants and bring in hooky accountants.

Chairman

We are going beyond the point made by Deputy McCreevy about gobbledygook, with which I agree. I am a member of the Council of Europe and I am impressed by the clarity with which matters are presented. I am always amazed by the efforts which are made, with regard to official literature, including UK legislation, to use common man's language. I agree with Deputy McCreevy's point, although it is not a reflection on the Minister or the Department of Finance but rather the habits of the office of the parliamentary draftsman.

First, to follow up on what I said in my budget speech, I take the point that Deputy McCreevy is making, and indeed the additional points made by Deputy McDowell. We are now at an advanced stage in terms of the consolidation process with the Revenue Commissioners. It is going to take longer than I would have hoped but shorter than originally intended.

And it is being done, which is wonderful.

It is being done and the intention is, subject to all the buttons being pushed and all the deadlines being met — and we have no reason to believe that that will not be the case — that it will be done in a joint public and private sector initiative run by the Revenue Commissioners. Commercially it will be very attractive and the intention is that it will be published — we are talking about consolidation — in the first or second month of 1997. Work has started on it. We will basically be taking the 1967 Act plus.

If it is done by or around that date it will be the most welcome thing that has been done for the past 30 years.

Chairman

I hope that our committee is still in place to deal with it.

As with this Bill, the intention is that it will be published in electronic disk form so that people can access it. Henceforth, successive Finance Committees, the Minister and the officials who have to write this material will be able to do so more readily and quickly for subsequent consolidation cross-referencing.

To come to your second point, I may have given the wrong impression. Consolidation is merely that; we cannot change the text. We can simply merge the text so that you have a single text; but if we change any word of it, it is no longer consolidation, it is new legislation.

The responsibility for the elegance of this particular prose rests with the Attorney General, I have to tell you, and people like Deputies Penrose and McDowell will fight with scholastic vigour down in the courts over the precise meaning of particular words. Although it is not my territory at all, I am told that that is the reason it is, unfortunately, expressed in these very non-vernacular terms.

Chairman

I am sure it will be welcomed by everybody.

Question put and agreed to.
Section 32 agreed to.
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