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Select Committee on Finance and General Affairs debate -
Wednesday, 24 Apr 1996

SECTION 5.

I move amendment No. 10:

In page 14, subsection (1), line 13, after "a" where it secondly occurs to insert "son or daughter or.".

This section provides relief with regard to alarm systems. The amendment seeks to ensure that relief is given to the person who pays for the system. The idea behind the Minister's proposal was good. However, it became clear after the budget that it would be of no use to those it was meant to help because the vast majority of old age pensioners do not have a taxable income.

The Bill as drafted extends the relief to relatives who pay for the alarm system. My amendment seeks to ensure this. I hope there will be a big uptake on this provision. Over the past number of years it has become apparent that there is a need, especially for old people, to have an alarm system. Indeed, from the way society is going, everybody will require such a system.

The relief set out in the budget has been extended in the Bill. Deputy Noel Ahern brought the matter to may attention. I also wrote to the Department of Finance to ensure that this extension would be included.

I am glad to note the inclusion of the provision in the Bill. There was an anomaly in the original provision contained in the budget. It was a good idea, although it was not well presented. What statistics did the Minister have at that time, or now, indicating the percentage of old age pensioners living alone who would have qualified? In the debate on the budget, several Deputies asked the Minister to do what he is now doing. I welcome these changes, although I doubt if it was necessary for the task force established by the Department of Social Welfare to provide justification for the Minister's action.

I understood the Minister was to allow the son or daughter to claim relief. However, what does the wording in the Bill mean when it refers to a relation through marriage? This is a broad term and suggests that the Minister is going from one extreme to another. For example, I do not know how many relations I have through marriage. Where does one draw a limit?

The definition of "relative" under the section includes: ". . . a relation by marriage and a person in respect of whom the individual is or was the legal guardian;". Does one have to be both? Would it not be simpler to say son or daughter? Who would be excluded by this wording? In this age of inclusiveness, would it exclude a son or daughter outside of marriage? Could they not claim relief on the £800 on behalf of the old age pensioner?

I welcome the support which Members have given to this proposal. The original budget proposal was restrictive. I was told that if I opened up the door on it I would not be able to contain it to those for whom it was intended.

We calculated 15,000 pensioners had a taxable income which would enable them to qualify for this measure. The Department officials made an assumption that half of them would probably avail of it on the basis that at least some of them would probably have an alarm system. On this basis the costing was done on a figure of 7,500 people, amounting to a total of approximately £1.5 million.

Following representations from various people, which became inevitable following the three or four outrageous attacks on elderly people between the time of the Budget Statement and the publication of this Bill, it was agreed to liberalise the provision.

We use the word "relative" to avoid a set of very tight definitions. What I am about to say would make the amendment redundant. The Revenue Commissioners will interpret "relative" in a very liberal sense. It will be a son or a daughter, irrespective of the marital status of the parents. It will be a son-in-law or daughter-in-law, a legal guardian or whatever where there is a paternal or maternal relationship, directly or indirectly. It could be a nephew. Where somebody is prepared to take responsibility, we would encourage it. In a sense it is strengthening the family link where there is a relative, in the family sense of the word, and the Revenue Commissioners will interpret it liberally.

The definition of "relevant alarm system" reads:

an electrical apparatus which, when activated, is designed to give notice to the effect that there is an intruder present or attempting to enter the premises in which it is installed.

That means it must be designed to be an intruder related product. What worries me about that definition is that many elderly people now have a pendant, which is not exclusively designed for that purpose. They may have a heart condition and want to summon a relative. If the Minister can tell me that the Revenue Commissioners will be equally liberal in extending this to that kind of device, which is not burglar related but can be used for security and illness, I would be happy. However, I would be unhappy with the provision if it is tightly related to burglars. I can imagine some revenue official of the non-liberal kind saying that he is not proposing to extend it to anybody who simply wears a pendant because she has a heart condition or whatever.

I thank the Deputy for bringing that to my attention. We will have to have a look at it and come back on Report Stage. I do not know what the implications are. My predilection would be to include it, but there may be a cost dimension of which I am unaware. We will certainly examine the issue. It seems to underpin the logic of what we are trying to do, which is to provide security for elderly people living alone.

The Minister is aware that many houses are isolated and an alarm going off around the house is of no benefit. I have been talking to a number of people in my own area about this. There are many new schemes such as mobile systems to which a person can react instantly. It is very much with security in mind although it is related to health in some cases. The drive at the moment is very much security.

One can borrow an intellectual concept from an earlier age where a certain form of medication was administered to females to provide for regularity and not for any form of birth control. We will apply the same kind of intellectual dexterity.

It is an important point.

I thank the Minister for his comments. Would the Minister confirm that the old age pensioner does not have to own the house? Would he confirm that "residence" covers rented accommodation?

That is confirmed.

The provision also requires that they be in the house for the greater part of the year. Is that by months or could it be interpreted as the greater part of each day? Will it calculated by months of the year?

It certainly will not apply to a holiday home.

The person would have to live in the house alone for the greater part of the year. Does that mean they would have to be there for seven months of the year? One could not extend it to somebody whose husband went out to work at 8 a.m. and came back at 8 p.m. meaning that for the greater part of the year by hours, they would be living alone. It would have to be by months of the year.

The residence would be where they live. The ownership of the residence is not a factor. If they are installing an alarm system they may in some cases require the consent of the landlord. The living alone component is clearly defined as living alone.

I accept the Minister's guarantee that the Revenue Commissioners will interpret this liberally. I anticipate that it will be interpreted quite liberally unless and until there seem to be some obvious abuses of the system, which I hope will not occur. I take the Minister's assurance in that regard. That is generally the line the Revenue Commissioners adopt in these schemes.

Amendment, by leave, withdrawn.
Section 5 agreed to.
NEW SECTION.

I move amendment No. 11:

In page 14, before section 6, to insert the following new section:

"6. -If a claimant proves that for the year of assessment he/she is employing an individual to care for his/her dependant children, the income tax to be charged on the claimant for that year of assessment shall be reduced by an amount equal to the appropriate percentage of the payments proved to be so made.".

The purpose of this amendment is to allow people an allowance for the moneys they pay, subject to a certain limit to be decided, for child minding and so on. Society has changed radically over the last 40 years and even more radically over the past ten. This benefit would have a positive spin off to the economy.

When I was young, a woman gave up work when she got married. It would now be regarded as very unusual. Our thinking has changed over my lifetime. It was regarded as strange when I was young for women to be professionally engaged, unless they were doctors or something. When people married, they usually gave up working. It is now the exception unless people are financially well off or women decide for other reasons not to work outside the home. Society has changed totally and this is now regarded as the norm.

If we gave an allowance, subject to a certain amount, to allow women in particular to pay their child minders, there would be a spin off to the State. First, the person would have to register as an employer and tax and PRSI would have to be deducted from the child minder. That would have some benefit in revenue terms to the State. Second, child minders usually get money from the employed person every week but are not in the tax or PRSI system. Under this system, if they became unemployed or sick they would have a social insurance contribution record built up which would be of benefit to them. There is another viewpoint which is that the take up of this scheme would be very small because the people employed in this type of activity would not want to be registered for tax. However, the pressure that would come from employed people might push them in that direction. I have given the matter some thought over a period of years and have come to the conclusion that it would be worth a try. I can see the downsides to it and I can see where people would say that it will not work and would be very cumbersome. However, I think it is well worth the attempt. The purpose of my amendment is to allow this type of deduction for payments made, particularly for child minding, subject to an overall limit.

I support Deputy McCreevy. A lone parent can get a grant of £45 for child minding. That is just a statement and I am not saying anything further about it. The cost of housing now is extremely expensive, more so in this part of the country than in other parts. It is often necessary for both partners to work if they want to keep their house. In that case they must pay someone to look after their children and that should be included in their tax free allowance. As Deputy McCreevy said, people are employed as housekeepers but they do not pay tax or PRSI and they are not registered for those payments. They are illegal, outside the system. If a Minister for Finance decided to follow these people, both the housekeeper and the person employing them could be heavily fined. A tax free allowance should be given to these people to regularise this.

We hear demands for this from time to time because many mothers work outside the home. I support it, but I am worried about how it would be implemented. If two parents with small children work, it is obvious that some arrangement must be made and that someone will make money from it. I would prefer if an allowance could be given without the need for proof.

People make arrangements to look after their children. There is a growing number of cr�ches, some of which are causing problems in residential areas. If people pay a cr�che to look after their children, they should be given receipts and an allowance. Many mothers make an informal arrangement in that they pay £40 to the woman across the road or to their mother or a relative. I would like them to get credit for that. However, I do not want the woman across the road to have to declare that income. Some 35 children go the cr�che in my area each morning. Cr�ches are big business which should be put in one category. However, the woman across the road is in a different category.

If a person provides a receipt, they should be able to get credit. However, could a person get credit for paying a smaller amount? Lone parents get a £45 allowance without providing proof. I would settle for a smaller amount without proof of payment. If a couple with small children are both working, it is obvious they are paying someone to look after their children.

Deputy Noel Ahern put his finger on the problem and the delicate way it must be approached. Different types of services are being provided in the manner he has described. We must try to provide more cr�ches and to ensure they are properly regulated. As Members know, Leinster House will have a cr�che later this year. Many people have reservations about cr�ches. Sending a child to a cr�che is one way of getting parents to immunise them against every known childhood disease, such as mumps, measles, etc. Parents for many reasons, including convenience, are happier if the woman across the street looks after their child either in their house or in her house.

It is a separate question as to whether we should use the tax system to facilitate, encourage or fund this activity. We have studied this issue before because we have had repeated requests for such a facility. Should we make a distinction between a couple who makes a conscious decision for one of them to give up work outside the home to provide parental care inside it because they do not get tax relief, or should there be tax relief for the mother who stays at home as distinct from the person who goes out to work? We are assuming that mothers are the only people who stay at home, but that is true in 95 per cent of cases. How does one put equity back into the system and do we want a Murphy mark two type judgment in our tax system?

We have two recommendations. First, the tax strategy group, of which Deputies will be aware, represents the different sections in the Government and the officials from the Revenue Commissioners and the Department of Finance who study various taxation proposals. They could not reach a consensus on the issue we are discussing for the reasons I outlined. Our expert in-house group studied this in great detail but we were not able to come up with an agreement on the way forward.

The other group which looked at it was the Second Commission on the Status of Women. It did not recommend that tax relief for child care expenses should be given to working parents. The commission considered it was preferable that any additional assistance for child care facilities should be provided through increased investment in child care support and services rather than providing tax relief. The reasons it gave were that tax deductibility would do nothing to increase either the supply or the quality of child care workers or improve training; tax deductibility was of no use to anyone with no or relatively low income; it would be worth more to high earners than to low earners; and the people who need to go to work to supplement their income might not have the level of income to benefit from the tax deductibility.

As regards the black economy, many people would not come into the pale grey or white economy if they were required to declare what they were getting from the young parents across the road. We had experience of this in the past when Mr. George Colley was Minister for Finance and Professor Martin O'Donoghue proposed a series of tax reliefs for home improvement works. The assessment in the Department of Finance and the Revenue Commissioners was that the tax deduction provided a two price mechanism in the market. There was one price if it was in the black economy, but there was a higher price if it had to be declared. There was a discount in the system as a result of that. The black economy does not appear to have been wiped out on the home improvement side, although the information is limited.

We have a growing problem in this regard. Anyone I have asked to look at this situation from the tax point of view has mentioned all the issues about which we have spoken. They also said that an argument, which could be reinforced by a legal claim, is that a person who had a job and who decided to stay at home for a period of time to mind his or her children could claim the same benefit, the cost of which could be substantial. Countries which have high levels of female participation in the workforce, such as Scandinavia, have managed to do so through structured and freely available, in geographical terms, child care services and facilities.

I was initially favourably disposed to this approach and my instinct is to support the childcare system and make it accessible. Perhaps it could be fee based, in order to give some State support for its provision, and some type of tax allowance could be provided for the person who avails of it. The entire matter is then in the white economy in a much more accountable way. This would address some of the problems mentioned by Deputy Ahern, such as unauthorised cre±ches. Deputy McDowell will recall one in particular which went to the wall when AnCO tried to establish it close to its place of operation. The area is a minefield. It starts off as a simple, good idea, but it becomes immensely complex when one begins to peel off the onion layers. For this reason I am not in a position to accept the amendment.

I agree with the Minister's legal concerns. Listening to the discussion, the point about a mother at home, minding her children, struck me. The Constitution states that such women should be nurtured and protected, but where is she in the equation if her neighbour gets a tax concession?

Acting Chairman

She is in the High Court.

I understand the Minister's comments. He raised a number of wide ranging issues and I appreciate a significant amount of work has been undertaken in the Department of Finance and other bodies regarding this matter. I see the advantages and disadvantages and that much work has been put into it.

As we discussed earlier, certain anomalies arise as a result of the peculiar nature of the tax system. As Deputy McDowell pointed out, we can envisage a situation where legal difficulties could arise, particularly in terms of the Constitution and women who stay at home to look after their children. I am sure the Minister will consider the matter further, perhaps for future years, but perhaps some of the ideas he mentioned could proceed. There is a need for some type of relief in a broad sense to facilitate those who are working in our changed society.

I have given this matter consideration and other aspects, which the committee has not discussed, arise. For example, many people in the black economy go to houses and mind children there. The amount of money required to enable them to come into the full white economy would be substantial. The requirement for workplace cre±ches is increasing, but these only cater for children up to the age of four years. How does one address the problem which arises once they enter the primary school system?

Latchkey kids.

There is much evidence to suggest that children who had the benefit of parents being at home much of the time are better placed than children who did not have this benefit. This is the latchkey kid syndrome, which nobody wants to enter. Many parents are most unhappy about the economic necessity which forces them to be out much of the time. Children only go through this wonderful period for a short time and they are obliged for economic reasons to miss it. It is a complex issue from sociological and parenting points of view.

The Fruit of the Loom company in County Donegal introduced a cr�che because many of the women who had acquired skills were opting to stay at home to be with their children. They could not get child minding facilities and Fruit of the Loom introduced an extensive, heavily financially subsidised workplace cr�che. Such a move addresses the problems of some parents but it does not address the issue in its entirety.

Acting Chairman

I intend to call Deputy Cullen. The committee must deal with five more sections in less than an hour so I am anxious that we make progress.

I agree with the Minister regarding the way to proceed in terms of the systems which need to be put in place. The Minister is aware that my brother in law is Danish. He has just become a house husband, but I have a jaundiced view of that move.

How does the Deputy's sister feel about it?

I will not elaborate on that aspect. There are benefits, but the cost to the country is substantial. It is also beginning to have another effect, and from my recent visits to Denmark I know there is much questioning about the type of society which is developing. People are questioning many of the well intentioned ideas and they are putting up their hands and saying that society needs to stop what it is doing. Members have quoted the great Danish experience over the last number of years, but that system is not perfect. It has many consequences, not just in terms of taxation and costs but also with regard to the type of society which is developing.

There is no need for Ireland to ape everything because not every aspect is successful. There are upsides and downsides and we should bear this point in mind when we quote what we perceive, from a distance, as great successes. It is interesting that the Danes are starting to question a wide spectrum of their society in terms of how it is developing.

Since I am my party's spokesperson on finance, I am conscious of the tax implications of everything I do in my home. It would be instant death if it was found that I was doing the wrong thing. If people are conscientious about it, compliance with the tax system is onerous in relation to in-house childminders. In terms of childminders, housekeepers and others in domestic employment, it would be more sensible if a simplified flat rate, such as an annual sum of £200 or £300, was given to the Revenue rather than people living in the black or grey economies on that front. A simplified system would mean that one would not have to fill out PRSI forms as an employer in respect of what happens in one's house. This might be a more fruitful way of getting more money in for the Revenue and making many people's consciences easier about what they are doing.

It would also guarantee the rights of people in such employment. If I was not in this political position, I could imagine the temptation not to pay PRSI because the whole matter is so complicated. People find the idea of filling out forms in respect of that situation difficult and they are frightened by it. Many people require the services of an accountant to compute tax liabilities and a simplified system should be applied in respect of domestic employment.

This may seem harsh, but many people do not exist as far as the economy is concerned. Perhaps it is not a disaster that this is the case, but they do not exist in terms of tax or otherwise and they live in a type of underworld. It would be much easier if a simplified system was introduced, such as a domestic employment levy, which everybody could understand. For example, if one pays £80 to the person working in one's house, 10 per cent must be put aside.

If I employed a housekeeper, would I be entitled to a deduction? For example, if I was a vocational person, such as a clergyman, and I had a housekeeper, would I be entitled to a deduction?

The Deputy should not ask us to go down that road.

I know the answer is yes. I am a politician and this is a vocational pursuit so I should also be allowed a deduction.

Regarding Deputy McDowell's point, I understand personally the sense of propriety with which he spoke. Many people not only politicians or those in a semi-public domain want to be compliant but find it difficult. It would be useful if we could say to a person who has somebody coming into their house for four, five or six hours per week — we are not only talking about childminding, although this relates to it in part — that, in respect of their legal obligations as an employer, they could comply without filling in a five page form as if they were employing somebody for a 38 hour week, 52 weeks of the year and with holiday entitlements. I will see if there is a simple way for somebody employing a person part-time for a 12 month period to make a single cash payment which will discharge their employer PRSI obligations.

By definition, the money in question would be below the income tax threshold. There is a system for small remitters but it is not high on the level of perception among officials in the Department of Finance or in the Department of Enterprise and Employment. A booklet or an idiot's guide on employing somebody is not available. We will try to clarify this as far as possible and I will give Members a progress report on Report Stage.

That leaves us with the question of the person being allowed to register as an employer.

Anybody can register as an employer but it is a question of doing so with a certain degree of simplicity.

Amendment, by leave, withdrawn.
Section 6 agreed to.
Section 7 agreed to.
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