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COMMITTEE OF PUBLIC ACCOUNTS díospóireacht -
Thursday, 23 Jan 2003

Vol. 1 No. 6

Finance Accounts 2000 and 2001 - Department of Finance

Vote 9/Chapter 4.10: Office of the Revenue Commissioners

I welcome the delegation this morning. Witnesses should be aware that they do not enjoy absolute privilege and are apprised as follows. The attention of members and witnesses is drawn to the fact that, as and from 2 August 1998, section 10 of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997 grants certain rights to persons identified in the course of the committee's proceedings. These rights include the right to give evidence, the right to produce or send documents to the committee, the right to appear before the committee either in person or through a representative, the right to make a written and oral submission, the right to request the committee to direct the attendance of witnesses and the production of documents and the right to cross-examine witnesses. For the most part, rights may only be exercised with the consent of the committee. Persons being invited before the committee are made aware of these rights and any persons identified in the course of proceedings who are not present may have to be made aware of these rights and provided with a transcript of the relevant parts of the committee's proceedings if the committee considers it appropriate in the interests of justice.

Notwithstanding this provision in the legislation, I remind Members of the long-standing parliamentary practice to the effect that Members should not comment on, criticise or make charges against a person outside the Houses or an official either by name or in such a way as to make him or her identifiable. I remind Members also of the provisions of Standing Order 156 that the committee shall refrain from inquiring into the merits of a policy or policies of the Government or a Minister of the Government or the objectives of such policies.

I call Mr. Considine, Secretary General, to introduce his officials.

Mr. Tom Considine

I am accompanied by Mr. Donal McNally, Second Secretary General in charge of budget and economic division, Mr. Pat McBride, principal officer in charge of the accounts branch, Mr. Michael Errity deals with personnel issues, Mr. Kevin Nolan, assistant principal in Government accounting section and Ms Aine Stapleton on public expenditure.

I now ask the Revenue Commissioners to make their introductions.

Mr. Paddy Molloy

I am in charge of the statistics section of Revenue dealing with budget forecasting and analysis. I am accompanied by Ms Fionnuala Ryan and Mr. Sean Maher who work with me.

Thank you. I call Mr. Purcell to introduce the chapter.

Mr. Purcell

This section of my report draws attention to the divergence between the tax forecast for 2001 and the eventual outturn for the year. It tries to establish the reason the tax take was so out of line with the Estimate. Members will appreciate the importance of accurate tax forecasting in the management of the public finances. The most obvious illustration is the scenario that unfolded in 2000. Public spending was then based on an estimated tax take of €30.5 billion whereas only €28 billion was received to fund that expenditure. One does not have to be a top flight accountant or economist to recognise that it would not be long before this scale of imbalance undermined the sustainability of budgetary decisions.

The fact that the tax shortfall against the forecast continued into the first half of 2002 heightened my concern that there might be flaws in the tax forecasting methodology employed by the Department of Finance. The figures used in the forecasts are informed by data supplied by the Revenue Commissioners so I was concerned that the shortfall might, in some way, be attributable to a reduction in the efficiency and effectiveness of tax collection. However, the chairman of the Revenue Commissioners furnished the information in table 17 of my report and the following paragraph in support of his view that taxpayer compliance and revenue efficiency had been maintained or enhanced since the beginning of 2001 and had made no contribution to the shortfall in the projected tax take for the year.

We all recognise that tax forecasting is far from being an exact science. It is only a few years since the regular underestimating of the tax take led to the setting up of the tax forecasting methodology group to undertake an in-depth review of the process. The group which reported in 1999 noted the direct relationship between movements in the macro economy and the tax take. When economic growth is understated, as it was in the late 1990s, the tax take will be greater than that forecast. When that logic is applied to the situation in 2001 it points clearly to the over-estimation of economic growth as being the primary cause of what turned out to be a very optimistic tax forecast for that year. All forecasts are subject to the impact of subsequent events and some of the variation was accounted for by events that could not have been anticipated such as the foot and mouth disease crisis and the events surrounding 11 September.

However, there are other factors that suggested to me a need to tighten up on tax forecasting procedures. I am thinking in particular of the oversight in failing to factor the cost of the deferment of the payment of excise duty on alcohol into the budget arithmetic and the optimistic assumption that new car registrations in 2001 would match the level of 2000 registrations when exceptional conditions applied to that phenomena.

The most persistent problem has risen in the PAYE sector where there was a shortfall of €762 million in 2001 and €734 million in 2002. An in-depth examination is being carried out by the Department of Finance in consultation with the Revenue Commissioners and others to try to establish a sounder basis for forecasting in this area. That will not be easy because substantial changes in the tax regime in recent years such as individualisation and the broadening of tax relief on pension contributions are likely to have affected behavioural patterns. Such changes have the potential to affect tax yield in unexpected ways because there is no history on which to ground estimates of impact. The Accounting Officer may be able to update the committee on progress being made in this area.

Thank you.

Mr. Considine

I thank the committee for giving me this opportunity to make a statement at the outset. In regard to 2001, if I may, I will refer to the written comments I made last July to the Comptroller and Auditor General which are published in his 2001 annual report regarding the forecasting of tax receipts.

Tax forecasting is not an exact science. There are many factors which can affect the outcome. There is the effect of shifts in economic growth and its composition and the impact of once-off or extraneous factors from year to year. There is also the quality and timeliness of the data available and the actual outturn for current year taxes. This outturn is not known until after the budget forecast is made.

On economic forecasts, these are subject to revision, especially in a very open economy such as ours. For various reasons, the economic data published by the CSO and other statistical bodies throughout the world for previous periods is subject to regular revision. Thus, the current CSO estimate of growth in 2001 may be revised again. In that context and given the magnitude of the figures we are dealing with, forecasting tax revenue is subject to an appreciable degree of uncertainty. There are other factors which can impact on the accuracy of tax forecasts. An example of this is major changes to the tax system giving rise to behavioural changes on the part of taxpayers.

Economic and tax revenue forecasting is all the more difficult because it is effectively attempting to predict the behaviour of economic actors and their patterns of buying, spending and investment, without having direct control over many of the events which can influence these decisions. The Department of Finance forecasts tax revenue each year in collaboration with the Revenue Commissioners. In the period before the budget the Revenue Commissioners supply the Department with pre-budget estimates of the expected tax revenue in subsequent years. These estimates take into account macroeconomic projections, including those for earnings, employment and consumption growth, provided in the first place by the Department to Revenue. It is important to note that the base year which is used to make these macroeconomic projections is also estimated because the projections are made before the end of the base year. The tax receipts for the base year are also projected outturn figures for the same reason. The tax forecasts take into account specific one-off factors known by the Revenue Commissioners to affect particular tax heads, such as tax settlements or repayments in certain areas.

In the case of excise duties a "ground-up" forecast, which takes actual consumption trends into account, is also supplied by Revenue. This is because some excisable products are less responsive to economic changes than other taxes and excises can be affected by specific factors such as cross-Border trade diversion.

The Department takes the Revenue estimates on board in the run-up to budget day with adjustments to reflect budget measures and the latest available information and projections. It should be noted in this regard that the four main tax heads, excise, VAT, income tax and corporation tax, together account for over 90% of annual tax revenue. The Department also looks at the total tax receipts projected to see if they are broadly consistent with the projections for nominal GDP.

The tax forecasting methodology used is outlined in more detail in the Comptroller and Auditor General's annual report. It is also published by the Department and is available on our website. The key point is that the overall tax forecast for 2001 was broadly similar in terms of its relationship to projected GDP growth to the average outcome experienced over the previous five years. On average, this experience supported the working assumption that every 1% increase in the nominal value of economic growth would yield an increase of about 1% in tax revenue, depending on whether growth was mainly domestic or externally driven and whether budget tax measures were more or less generous.

Clearly, this one to one relationship has proved less reliable in the past two years. The two years in question have seen much lower rates of economic growth than in the previous five years. We are continuing to examine the experience of the past two years in some depth with the Revenue Commissioners and the Central Bank. As new data become available for assessment, our understanding of the outturn will improve further.

Turning to 2001, the first significant factor in the shortfall in tax receipts in that year was that overall economic growth was lower than had been expected on budget day. Budget 2001 was predicated on a forecast of 8.8% growth for real GDP for the year 2001. This estimate was broadly in line with what was widely believed at the time to be the likely growth scenario for this economy. However, the actual outturn for economic growth was more than three percentage points lower than anticipated, with real GDP growth for 2001 at 5.7%.

The rate at which growth slowed can be appreciated when we see that annual GDP growth in volume terms fell from 11% in the first quarter of 2001 to 7% in the second quarter, 4% in the third quarter and 1% by the end of the year. The estimated outturn for GNP in 2001 was 4.6%. This was 2.8% lower than the December 2000 budget day forecast of 7.4%. It should be noted that these 2001 outturn figures published by the CSO are still preliminary estimates. This lower growth reflected the effect of the slowdown in the United States economy, exacerbated by the events of 11 September. It also reflected the outbreak of foot and mouth disease and related restrictions, which affected cross-Border activity and domestic spending in particular.

In 2001 the extent to which the world economy turned down took most economic commentators by surprise. For example, the European Commission had expected the EU economy to grow by 3.1% in 2001, but the latest data suggest that it only grew by 1.5%.

A second very important factor in determining the level of actual tax receipts is the overall composition of economic growth. Obviously, because we can only tax domestic sources of income, the growth arising from exports will yield less tax revenue than growth arising from domestic consumption. Likewise, investment in imported capital assets will yield less tax receipts than investment in domestically produced capital assets, whether this increased activity is reflected in extra jobs or extra hours worked. However, the make-up of economic growth is even more difficult to forecast than the rate of growth itself. This is especially true when the economy is subject to major shocks such as the events of 11 September and the foot and mouth disease restrictions.

The nominal level of economic activity in 2001, which includes the price effects of inflation, was only about 0.5% lower than expected at budget time. However, this did not generate the expected proportion of tax receipts because of the change in the composition of economic activity. For example, personal consumption expenditure, which is a major driver of indirect tax revenue, was 3.8% lower in nominal terms compared with the budget 2001 forecast. One area of lower personal consumption was the tourism sector, which the committee will recall was particularly badly hit by the travel restrictions to combat foot and mouth disease. Transport companies, hotels, pubs, restaurants and other tourism related services were affected and this impacted especially on VAT and excise duty revenues during 2001.

Certain cross-Border trade was disrupted and evidence from the UK National Audit Office in a recent report suggests that the revenue loss to the UK authorities from cross-Border trade between Northern Ireland and the Republic of Ireland in road fuels alone is substantial - £380 million sterling or €600 million in 2000.

I will now deal with the tax outturn for 2001. As I outlined in my response to the Comptroller and Auditor General on 26 July last, budget 2001 tax receipts were estimated at £23,990 million and the outturn at end 2001 was £21,993 million. I will outline the main factors giving rise to the tax shortfall of almost £2,000 million or €2,536 million. For ease of reference I will use euro amounts from here on.

Looking at the total €2,536 million tax shortfall in 2001 in more detail, about two thirds of this, or €1,662 million, was in the area of indirect taxes. These taxes would be the hardest hit by the lower than projected increase in personal consumption, tourism and disruption to cross-Border trade. A further €532 million related to income tax and the remaining €342 million shortfall was spread over the other tax subheads. Therefore, €2,194 million of the 2001 tax shortfall is accounted for by lower than projected indirect taxes and income tax. The fall in income tax, taking PAYE and non-PAYE together, can be explained in broad terms by the higher than projected cost of the 2001 income tax package - €242 million; the outturn for income tax in 2000 being lower than projected - €148million; and the additional cost of the post-budget Finance Act adjustments - €135million.

The causes of the VAT and excise shortfalls are more difficult to quantify. The lower than projected level of consumer expenditure, lower than projected car sales, the non-inclusion in the estimate of €88 million arising from the deferment of excise payments from December 2001 to January 2002 and a lower than projected 2000 outturn, when all combined explain more than half of the shortfall, €935 million. Bearing in mind that tax forecasting is not an exact science, the balance of the shortfall is most likely due to the economic disruption caused to patterns of spending and cross-Border trade by a combination of the events of 11 September and the restrictions due to the outbreak of foot and mouth disease. The outturn figures produced by the CSO for 2001 economic growth are preliminary and the final figures might help shed further light on this issue.

Moving on from VAT, excise and income tax, the remaining €408 million tax shortfall arises under a combination of tax heads. The most significant of these are capital gains tax, €111 million; customs duties, €66 million; corporation tax, €146 million; and stamp duties, €49 million. Customs duties and stamp duties would have been adversely affected by the 2001 economic developments to which I have referred.

In the case of corporation tax and capital gains tax the projections for 2001 were largely based on activity during 2000. Receipts from corporation tax and capital gains tax are prone to individual and one-off variations. In 2001 the Revenue Commissioners made exceptional repayments of about €160 million in corporation tax arising from changes in the tax treatment of contingent liabilities. This repayment was partly offset by a better than expected outturn in 2000 - €90 million - the base year. Allowing for these developments, the eventual shortfall in corporation tax in 2001 was €146 million.

As regards the capital gains tax shortfall, as the Accounting Officer of the Revenue Commissioners said in his reply to the Comptroller and Auditor General, this may have been an indication that the release of pent-up investment funds, which generated the acquisition of further capital assets in the years following the 1998 budget reduction of the capital gains tax rate to 20%, had slowed down.

The Department published the end-2002 outturn budgetary figures earlier this month. They showed an Exchequer surplus of €95 million and a general Government deficit of about €160 million. Net voted current and capital expenditure in 2002 increased by 13.9% over 2001 compared to the target for the year of 14.4%. Tax revenue in 2002 increased by 4.9% to €29.294 million over 2001 compared to the target for the year of 8.6% or €30,328 million.

As in 2001, the tax revenue shortfalls in 2002 largely reflected changed economic conditions. At budget time in December 2001, the expectation was that the international economy would recover in the second half of 2002 giving the Irish economy a similar boost. However, that did not happen. As a result, GNP in 2002 is now estimated to have grown by only 1.8% compared to the 3.5% we had forecast.

Regarding the 2002 tax shortfall of €1,034 million, €578 million is due to lower than projected receipts from corporation tax. Some €190 million of the shortfall can be attributed to the lower than expected outturn for 2001 when budget 2002 was framed. Corporate profits are very difficult to project when there are significant economic changes in the relevant period. The base year for the bulk of 2002 corporation tax receipts was 2001 and therefore the profits for that year reflect the impact of a rapidly slowing economy, 11 September and the foot and mouth disease restrictions. Ireland is not unusual in experiencing a significant shortfall in corporation tax in 2002. Other examples include Germany and the UK.

The balance of the €1,034 million shortfall in 2002 tax revenue - €456 million - largely reflects the fact that the economy in 2002 was weaker than had been projected at budget time. In particular, the widely expected upturn in the second half of 2002 did not happen. This caused the Department of Finance to revise its forecast of volume GNP growth for 2002 down from 3.5% at budget time to the current estimate of 1.8%. The major impact was on income tax which came in at €383 million below budget. It will be some months yet before the CSO publishes its preliminary estimate of the 2002 outturn for GNP and GDP.

As regards 2003, the Department's most recent projections for the economic and budgetary outlook are those published with the budget documentation on 4 December last. These estimates include relatively modest GNP growth in 2003 of 2.2%, with unemployment rising to 5.3% and a general Government deficit of 0.7% of GDP. At budget time the downside risks in relation to the international situation were emphasised.

The most recent EU Commission economic assessment has again emphasised these risks. In particular, it notes that the increased uncertainty stemming from heightened geopolitical risks and continued volatility in global stock markets has dampened confidence and is encouraging households and firms to delay spending. Oil prices have become more volatile as geopolitical risks centred on Iraq have mounted.

The Commission confirmed that the main risks that were outlined in its autumn 2002 forecast - of a further rise in oil prices and an additional correction in global equity markets - are still very much present. It points out that there are also positive factors, such as the lack of major imbalances in the euro area and the good growth prospects in non-Japan Asia, Russia and central Europe. However, the Commission concludes that the uncertainty affecting the global economy makes it difficult to be more optimistic. I hope that you have found these comments helpful. We will be glad to answer your questions as best we can.

Thank you, Mr. Considine. Do we have your permission to publish your opening statement.

Mr. Considine

Yes.

Thank you very much. Is that agreed? Agreed.

Every business in the country would have had predictions and would have suffered because of 11 September but if they were to report a shortfall of €536 million they would probably be out of business. That inaccuracy in their business predictions would not be acceptable.

The question of public confidence arises due to this shortfall and particularly so because of the meeting we had last week with the health boards and the inaccuracies that came to light arising from their management systems. What steps is the Department taking to explain the position to the public? What changes are being made to management systems and their understanding of the economy here and the impact of the global economy on it? How will the figures for 2003 stack up? The monthly reports that are available would have given an indication of something clearly going wrong with our figures. I would have assumed that world events would always have been factored into the equation. Events such as 11 September will always have an impact on us. I accept the explanations given but I still cannot understand how this situation came about. If one takes the percentages of the shortfall as a percentage of the estimate - it was down 28% for customs and 15% for excise - one would expect a degree of movement within the figures because of the nature of the tax base. To say that there was a movement of 28% without its having been partly predicted requires further comment, in spite of the explanation the Secretary General has given.

PAYE returns are largely predictable. I can understand the movement of the figures pertaining thereto in terms of economic growth or a downturn. However, a shortfall of €762 million is worrying given the predictable system of collection. Surely this indicates that the system of management that produces the final figures needs to be overhauled. It calls into question the understanding of where we are going economically, even after one considers what is happening in the world economy. I would like to hear more comment on the systems that generate these figures before asking further questions.

Mr. Considine

There is a great difference between tax forecasting and budgeting for an individual company or even an individual Department. The first major difference is that one has to take as one's base the forecast for the world economy, particularly the European economy and one's major trading partners. Such forecasts are produced by international organisations such as the IMF, the OECD, the EU etc. By and large, individual countries take those forecasts as given because it would take an enormous amount of resources for them to make forecasts themselves. Even if they did make them, there would be no guarantee they would be of better quality than those produced by the international organisations.

When one is starting out, one uses the forecasts of the international organisations as a base. At the outset, I said that their forecasts were also out significantly. The EU forecast of volume growth, which is of major significance to us, was 3.1%, whereas the actual outturn was 1.5%. In addition to the problems that other countries encountered, the foot and mouth disease crisis was a major event here. When one looks at where the major hits were in terms of indirect taxes in particular and at the outturns for 2000 and 2002, where the same approach to forecasting was used, it is reasonable to conclude that the distortion caused by these events caused the tax forecasting to go out of kilter in 2001. This is evident from the personal consumer expenditure figures, which are very much lower than expected. It is evident from the increase in the number of people who went abroad for their holidays in 2001.

As I pointed out in my statement, cross-Border trade is a major factor in all these developments. That is not to say that we are complacent about our forecasting. There was a major review in 1998 before this ever happened, which is published and available on our website. We tried to determine a better means of projecting our tax revenue into the future. We have been doing that in the past two years. In the previous five years there was a buoyant economy and the past two years have been less buoyant. The less buoyant economy is not delivering the same revenue return as that which obtained previously.

The Deputy made a point about PAYE. There are two parts to income tax receipts, the PAYE and the non-PAYE parts, and there is a significant overlap between the two. One of the things we are looking at is why the non-PAYE sector has been producing better results than expected while the PAYE sector has been producing lower results than expected. When one takes the two together from 2001 and recalculates the Estimates with the knowledge we now have about the 2000 outturn, the cost of the budget day package in 2001 and changes made subsequent to the budget in the Finance Act, one gets a figure very close to the actual outturn. The challenge is to identify why the two constituent parts of the income tax figure are not behaving as we had expected.

Will the Secretary General comment again on the methodology used? He is in the business of forecasting. Small businesses or large companies also need to predict how the economy will grow. They have a methodology as well. It appears that the methodology applied by the Secretary General needs to be revised again because there needs to be some understanding of where our economy is going. Surely, because forecasting is a full-time business for the Department, the shortfalls we see here reflect that there is a serious problem with the base from which it is working. Because the implications for the economy of an inaccurate revenue forecast are so serious, possibly involving borrowing or raising taxes, there is a need for the Department to look at what is considered best practice in other countries and at what we are doing wrong, in spite of the events of 11 September, what is happening in Europe, foot and mouth disease or anything else. These are things the Secretary General should factor in as he proceeds. It seems there is something critically wrong with the formula he is using to arrive at forecasts. That is not just hearsay but is reflected in all the figures before us.

For the Secretary General to say that forecasts would be out by 28% and 15% reveals a substantial gap between those forecasts and what happened in reality. In terms of forecasting, before the budget of 2002 a number of statements were made in the press in respect of general tax returns. At one stage circumstances were deemed to be bad and getting worse, then suddenly we had money and certain windfalls occurred. How did that happen? It was erratic, as if we did not calculate our accounts correctly. It was almost unbelievable, particularly given the respect people have for the Revenue Commissioners and the Department of Finance. People will feel that there is something seriously wrong with how we crunch our numbers. Given the backdrop in the Department of Health and Children, it will lead to a serious lack of confidence in the system we have for making the kinds of predications that affect every citizen.

Mr. Considine

The Deputy asked many questions. I could allude to each tax head and explain to him why the outturn figure was different from that predicted at budget time, but I will pick the more significant ones given that there are time constraints.

In the case of excise, the budget estimate was €4.774 billion and the actual outturn was €4.05 billion, a shortfall of €724 million. To ensure that we are not claiming credit for something we should not, we received €76 million in tobacco duty in a timeframe which, when adjusted, would bring the shortfall to €800 million.

The 2001 impact of the lower 2000 outturn was €110 million worse than expected. We use personal consumer expenditure as the main forecast item for this. This was down, in nominal terms, 3.8% on what was expected. The other major item is lower than projected car sales. This accounted for €262 million of the shortfall. Another €303 million remains when allowing for the cash overflow we mentioned earlier. The distortion caused by the foot and mouth disease restrictions and the whole pattern of spending caused excise duties to fall by a greater amount than anyone could have anticipated. Using the same approach in 2000 and 2002, the outturn was acceptable.

The budget estimate for capital gains tax was €993 million and the outturn was €882 million, a shortfall of €111 million. The lower 2000 outturn accounts for €13 million and the changes in the economy accounts for €17 million. This leaves €81 million unexplained. The conclusion offered by the chairman of the Revenue in his reply to the Comptroller and Auditor General last year was that a slowdown may have occurred in the release of pent-up investment funds generated following the change of capital gains tax from 40% to 20%. This was a major change and was likely to have affected behaviour.

Stamp duties were €49 million short. The budget estimate was €1,276 million but the outturn was €1,227 million. The lower outturn in 2000 accounts for €21 million of this and the changes in the economic outturn accounts for another €32 million.

When one takes the two parts of income tax together, the projected budget estimate was €9.879 billion, but the outcome was €9.347 billion, a shortfall of €532 million. The lower than expected 2000 outturn accounts for €148 million and the changes in the economy explain a further €64 million, and there were changes of €135 million between the budget and the Finance Bill. The tax package in 2001 cost €242 million more than was allowed for. When we received details of the number of people on Revenue's books at the relevant time we found they were significantly different from what we had assumed.

One of the problems with forecasting income tax returns is that none of us is required to make returns until after the event. We will not know the 2002 outturn until the middle of this year at the earliest. Tax returns in respect of 2002 will only be made from now on. If there are changes in behaviour in the way people have responded to tax changes we will not know about them until the returns become available. These are unavoidable problems associated with tax forecasting. Unlike most other forecasts, tax forecasts are based on forecasts of macroeconomic and other aggregates and these are extremely difficult to forecast. Even after the event, outturn figures produced by the statistics offices are often revised by up to 2.9%.

I do not wish to give the impression that we are complacent about this, but there are real problems in tax forecasting and they become particularly acute when major changes occur in the level of economic activity such as occurred in 2001. In 2001 the economy grew by 11% in the first quarter and 1% in the fourth quarter. Huge disruptions to the patterns of spending, as occurred during the foot and mouth scare and after 11 September, also skew our forecasts.

I now come to 2002. At the start of the year, after the budget estimate was prepared, the Revenue produced a month-by-month profile of how it expected collection to pan out. Based on what was known until the end of September and Revenue's assessment of it, our expectation at that time was that we would be €1.3 billion down on the budget estimate. As it turned out we had a shortfall of €1.034 billion. The reason the end-year figure shows a surplus as opposed to the projected deficit in September had more to do with savings on debt service and other areas. Revenue accounted for €266 million, debt service accounted for €317 million and expenditure across a number of areas was €150 million lower than projected.

All we can do is give the best assessment we can. Every year, because of the size of the Government's business, some Departments spend more money than originally expected of them and some spend less. The main objective is to stay within the overall envelope. This is what happened in 2002.

I have looked back to 1997 and there is not a single year in which individual Departments spent the exact amount agreed for the obvious reasons that one will get unexpected items cropping up. For example, in the health area one may have particularly high demands in the spring due to exceptionally high levels of illness. These are the day-to-day management challenges of running Government - to try and balance these out. If there is an unavoidable over-run in one area, measures must be taken to deal with it in another area.

Given that the overall return for 2001 was 8% less than predicted and that tax receipts were short by €2.5 billion, what corrective action, if any, was taken in 2001 as an indicator for the way forward for 2002?

Mr. Considine

During the course of the year, as we see the out-turn emerging, we do whatever we can to try to get to the bottom of what is happening but, as I was saying, there is a major problem with getting accurate data. First is the problem of macro-economic forecasts. One will not know the outcome for 2001 until well into 2002 nor will one know details of why tax revenues are down until well into the following year. However, one does see that they are falling and we try to make the best assessment as to why that is happening.

That is why we have a working group, building on the work done in the late 1990's and which has published documents to see if we can improve our understanding and find better methods. For example, it takes a long time to get full information on changes in the tax base - the number of people on the Revenue Commissioner's books and so on. One method we have started to use with Revenue is sampling which we may develop further but there is a risk that incomplete information will lead one to the wrong conclusions. We are striving to get an earlier understanding of these events and their importance for the future.

Is Mr. Considine saying there are no plans to change the methodology of the forecasting which has been totally inaccurate? It is mind-boggling to hear that we are out by €50 million per week in terms of miscalculation. It is hard to explain that.

Mr. Considine

We have made changes to the forecasting methodology as a result of the work that has taken place but it involves trying to use the information we have about the out-turn for 2001 and 2002 to guess a better approach to forecasting the individual heads for 2003. We can only draw on the information we have available to us. Excises and VAT were two of the big problem areas in 2001 but improved for 2002. I do not think the problem is continuing on the indirect tax side.

What confidence can the committee have that, with indications in the recent budget that there would be an increase in the tax take of 8%, it will not result in an even greater shortfall when there is such an anomaly in the figures to date and the history of inaccuracies in forecasting meant there would be a major deficit in the future?

Mr Considine

As I have said, we have done what we can to draw on the experience we have from 2001 and 2002. It is not a consistent problem in relation to indirect taxes, whose shortfall in 2001 was not repeated in 2002. The 2002 problem was largely one of corporation tax which is extraordinarily difficult to predict in a climate where there is major economic change. Unexpected repayments by Revenue in 2001 accounted for £160 million alone. Capital gains tax and corporation tax can have very big movements in a few companies and, given the composition of the economy, we will continue to have difficulties when there is turmoil in the market. We are doing what we can to minimise that.

In relation to the figures that were not included in the budget arithmetic, the provision in the Finance Act 2001 to abolish the end-of-year payment catch up was not included nor was the SSIA scheme. Can Mr.Considine explain why they were not? What happened to lead him to that position? What happens within the methodology that lead to an over estimate of £60 million in 2000, to correct the figures that are ongoing in subsequent years? Mr.Considine refers in his answers to 2001 and so on, but he has been in the business longer than that so there is information and statistics that should give them greater control over the final outcome of these figures. Can he comment on the arrears of €351 million which was an increase of 1.4% over December 2000?

Mr. Considine

On the opening shortfall, the point being made is that we have to produce the Estimate for 2003 before we know the out-turn for 2002. If the budget is on 4 December, one does not have figures for December and one's understanding of the figures for November may be limited because they need to be analysed. We know when we get the out-turn what the implications are of that out-turn for the forecast we have made. With the first reporting of the out-turn at the end of the quarter, we have to make an assessment of what has happened in the meantime and that would give one reason to believe the budget forecast will be different. In every year one will be faced with that once one has to make Estimates before the out-turn for the previous year is known.

The position in relation to the €88 million is that there was a change in cash flow. Payments that were - as the law stood - to come in December were brought forward to January and we should have deducted that from the Estimate. The money came in one month later and because of that we should have deducted it from the Estimate. We have made changes in the way we put together the budget: a second level of checking to make sure that does not happen again.

The €135 million in adjustments made between the budget and the Finance Bill were the result of changes of policy made in the intervening period. One of them was the special savings investment accounts, which cost €71 million in 2001, and the other was a change in the treatment of withholding tax on professional fees, arising from the short tax year. The net effect of those two explains €120 million of the adjustments. That is not unusual and, in the same way, when it comes to the first quarter, an assessment must be made of whether we should conclude at that stage that the budget estimate will be undershot for revenue or not.

This issue is of paramount importance from the point of view of ordinary working people, who have a justifiable expectation of stability in the services they need, be it health or education. Those services are underpinned, obviously, by income from the Government, and stability in forecasting is critical so that the services that are rightly expected can be delivered. I imagine that the pupils and teachers of 400 schools who are bitterly disappointed this morning that their extensions, new buildings or improvements are not going ahead have had their justifiable expectations raised by the forecasts for taxation income in 2001 and 2002 and then bitterly dashed.

I have studied very carefully Mr. Considine's earlier report to the Comptroller and Auditor General and his statement of today. He goes into great detail on the amounts of the shortfall. I will ask some questions on that in a while. Really, though, the key point is the methodology itself. He states in one of his reports that the methodology he used for projecting tax income was borne out by the experience of 1996 to 2000, based on the forecasting methodology group's criteria. He then says that the results for 2001 and 2002 were less reliable, which is quite an understatement. Is the correlation between growth in GDP and growth in taxation from 1996 to 2000 accidental? Our primitive ancestors blamed occurrences in their own lives on coincidental natural events. Is it coincidence that both GDP and tax happened to grow by 1%? Perhaps that was observed to happen for a few years and then taken as a reliable barometer for the future.

Is it the case, alternatively, that under the very favourable circumstances of growth in the days of the Celtic tiger, the method employed might have been accurate but that it has now been blown to bits at the first hint of a crisis? We have been through foot and mouth disease and other exceptional circumstances, but we are dealing with a problem, Mr. Considine will agree, that is far deeper than that, particularly with regard to income tax. Is it the case that going into a new economic situation we cannot rely at all on the previous methodology and that there will have to be a serious new methodology? Where does this leave our projections for 2003?

Mr. Considine

The 1:1 correlation is not much more than a rule-of-thumb check to see whether the overall estimates produced compare broadly with what we have experienced in previous years. The background against which the 1998 document was produced was that the out-turns were better, after a number of years, than had been expected. The work that was done suggested that if this 1:1 rule was used as an overall check it might have improved the Estimates. That is an overall rule, however. Individual estimates are prepared for each of the major tax heads. What forecast is used depends on which head one is talking about. To take customs, for example, the imports from non-EU countries in 2001 is the base from which we try to produce a forecast of such imports in——

Was that not always the case? Surely there were variables from 1996, 1997, 1998 and 1999.

Mr. Considine

Yes.

But it did not throw the projections to the same extent.

Mr. Considine

I have those projections here. The difference was that they were on the right side, so they did not attract as much attention. For example, the 1990 forecast was €9,828 million and the out-turn was €10,035 million. That is a 2.1% variation. The 1996 forecast was €15,323 million as against £15,897 million - that is a 3.7% variation. In 1998 it was 6.4% and 7.1% in 1999. The reason we did this study was that there were variations in the earlier Estimates, but they were in the opposite direction - they were producing higher revenue than what was being projected. The observation in the report, which I repeated in my statement, was that applying this rule of thumb to the out-turns up to that time would have given a better result on average. That did not change the fact that individual estimates were built up and that the Office of the Revenue Commissioners builds these up on the basis on information it has, for example in the areas of excise, corporation tax, capital gains tax or whatever. All the 1:1 rule suggests is that when one does all this, one applies the rule of thumb to see whether the result one has——

I appreciate as well that when the figures are on the right side they are less noticed. I empathise with people who have to try to compile this huge amount of data. For us, however, it is vital when we are given the figures in the budget that we have a reasonable expectation that they are right. Otherwise, are we saying that this is impossible in present circumstances and that wild inaccuracies are a real possibility? Is that the case for 2003?

Mr. Considine

It is no great consolation, but in the current economic circumstances other countries are having difficulties with their tax forecasting because it is proving so difficult to forecast what the economic out-turn is going to be and to forecast what the composition of that out-turn is going to be, as opposed to what one expects. From that stems even greater difficulty in terms of getting accurate revenue forecasts. We do not just apply a rule of thumb and leave it at that. These Estimates are gone over in detail under each tax head, with appropriate input from the Revenue Commissioners. In some of them, like the corporation tax and the capital gains tax in particular, major swings can take place among just a few companies.

We do not have details of individual companies but the Revenue Commissioners do, and they assist in preparing these Estimates. That is really all that we can do. You can arrive at a situation where you think a company is going to make a payment and have no reason to believe it will be different from what you expected, only for it to turn out to be a lot less. If this happens with a few very large companies it can totally undermine an Estimate. When the economy is uncertain, with such movements as we have had in IT in particular, there is no way of avoiding these problems entirely unless you get very lucky and there are offsets on the other side.

I will move on to one or two specifics. What I am learning is that we have to be very conditional about the projected increase in taxation of €2,310 million for 2003. That has alarming implications for the services that our people need. Mr. Considine mentioned corporation tax so I will stay on that for the moment. In 2002, there was an astonishing shortfall of €578 million in the projected amounts. Mr. Considine says that was due to a shortfall in 2001, which still leaves a substantial shortfall. It was quite clear to the major corporations, and was stated Government policy, that the Minister for Finance was going to reduce corporation tax further in 2003. Is it possible that in 2002, corporations were able to manage their accounts to push into 2003 amounts that they would then declare so that they could avail of the reduced level of corporation tax in 2003? Does Mr. Considine think this practice accounted in any way for the dramatic shortfall in 2002? In terms of multinational corporations and their role in all of this, can Mr. Considine comment on whether they are involved in the shortfall of €578 million and if their policies of transfer pricing and manipulation of profits vis-à-vis, their home countries and this State is a factor?

Mr. Considine

In relation to 2003, and what we can and cannot assume about the forecasts, I have said that they are always just forecasts. At the end of the day, we have done everything we can to take on board the experience of 2001 and 2002, so I believe the forecasts for 2003 are as good as we can make them in the light of previous experience.

In regard to corporation tax, we do not have access as a Department to individual taxpayers, but perhaps my colleagues in the Revenue Commissioners might have information to help the committee. I am not aware of companies managing to push profits into 2003 but I do not have access to individual company accounts and would not be in a good position to comment.

Is it a possibility? I am not asking about the experience of individual firms. Is it doable, in which case of course they will do it?

Mr. Considine

Without any evidence to support it, I would be very slow to say that responsible individuals producing accounts would deliberately manipulate them.

Is it doable legally? Let us leave out illegality.

Mr. Considine

The accounts are produced in accordance with company law and the tax is computed in accordance with tax law so, to the extent that people can change their behaviour in response to a change in taxes, I presume that, yes, that kind of thing can happen. I suggested, or rather, drew attention to a suggestion of the chairman of the Revenue Commissioners, that when you get a sharp reduction in capital gains tax, it is understandable that people who may have been holding back on transactions because they did not want to pay 40% are now willing to make them at 20%. After a while, however, this momentum dies——

I understand that but I am not talking about capital gains, I am talking about corporation taxes. The major corporations obviously have an army of accountants at their disposal and can see how favourably disposed the Minister for Finance is to them, slashing their taxes year after year. I know Mr. Considine cannot comment on this but it is quite wrong. With that advance knowledge, it is most likely possible for them to arrange to push profits into 2003 and pay much less tax.

Mr. Considine

I have no evidence to support the view that the change in corporation tax was sufficient to cause significant changes of behaviour by corporations. That is what it boils down to. If the change in the tax rate is significant enough then obviously people will look at their affairs to see how they can take advantage of it, but as I do not have any supporting evidence, I do not know whether that change was significant or not.

We will have to deal with that when we come to Revenue.

Mr. Molloy may wish to comment on the corporation tax reduction.

Mr. Molloy

We speak for the Revenue side. We certainly have no evidence that companies have, if you like, anticipated the reduction on the corporation tax rate, with a view to minimising their tax bill at the higher rate and pushing their profits forward to be taxed at the lower rate. Corporation tax applies to profits earned in a particular set of accounting periods and is calculated on the basis of the rate applying to the date of the particular accounting period.

Profits earned in a particular accounting period should not be moved into another one in a contrived way. We would be reluctant to assume it has been done because we have no evidence to show it has happened. I would be far more inclined to think that the out-turn shortfall in 2002 from the corporation tax side was due to the fact that, because corporation tax is more or less on a previous year basis, that is profits underpinning the 2002 tax are basically earned in 2001, there was a delayed impact on corporation tax which was already evident in 2001 on the current taxes, such as VAT and excise. Corporate profits especially in the computer sector were reputed to have taken a very severe drop in 2001. The further into 2001, and coming near the end of it, that companies' accounting period tied in with, the greater the drop the profits showed. Of course, the international economy started to unravel at a faster rate at that time. Tax rates have always been important considerations when it comes to business planning and so on.

The Deputy asked about the possibility of moving profits closer to the lower tax year. It might be possible to comment on that directly if we did not have the downturn rowing in on top of this as well. All I can say is that we have no evidence that this has happened. It is possible that something could happen but I could not say that for certain without having some real evidence. Aside from that we have an existing situation which could have caused the same result in the international economic recession.

Thank you, Mr. Molloy.

I hope further down the line Revenue will examine that particular possibility. I would like as well, in the future, further details on how the multinationals operate in this regard but time is pressing on. I have one or two urgent short points to put to Mr. Considine. I was astonished to read in the Comptroller and Auditor General's report, based on your information, of the find of 76,000 extra PAYE taxpayers in 2001. Last week the Comptroller and Auditor General found 23,000 or so ghosts in the health service and they had to be chased out so that the accuracy of the amounts being paid by the taxpayer, through the health boards, to the medical profession could be correct. I am puzzled by two points, namely, how 76,000 people could appear in 2001 that the Revenue was not aware of and how in a full year that could cost €300 million in the tax package. If I am correct, that is almost €4,000 for each of the 76,000 which is an astonishing amount considering what the ordinary PAYE taxpayer would have got in tax concessions for 2001.

Mr. Considine

Going back to what I said earlier it takes some time before one knows the basis on which people are paying tax in the current year. For example, if you take 2002, none of us is required to submit our tax returns before the end of the year. P35s are not returned so you do not have the details. What happened here is that as Revenue got the details later on another other tax year, as I understand it, both the 2000 budget measures and the 2001 budget measures had the effect of increasing the cost of the 2001 tax package by €242 million. When we got another year's figure to Revenue, that figure was adjusted down to 57,700. Perhaps my colleagues from Revenue who have a better, closer understanding of this would be able to help the committee. This happens all the time because one does not have the detailed figures on the previous year when drawing up the Estimates. As soon as you get the detailed figures you go back and recalculate what it would cost to make the tax changes, whether plus or minus, made the previous year. The costing was done from an older tax base.

How can it cost on average €4,000 per each extra person found?

Mr. Considine

As I said, it is the effect of the budgets in 2000 and 2001. One has go back and recast the figures to reflect the changes found in the composition of the tax base both in terms of numbers and of the earnings for the periods in question. Perhaps our colleagues from Revenue could help.

Mr. Molloy

Perhaps I can add to what Mr. Considine has said. The problem with having undercosted the 2001 budget package and having to recost it by reference to later data arises where, as we found in this case, the income levels we presumed for everybody initially and the undercount in the numbers originally used, both contrived to produce, on a revision, a much higher cost for the concessions than was originally set. It is not just due to the 57,000 extra cases that that has happened. We acquire what is termed a data file, based on the last available complete history, which for the costing of the 2001 budget was a 1997-98 data file. In building up a costing model to cost the 2001 budget changes, growth factors based on the same macroeconomic indicators, which Mr. Considine mentioned earlier and which themselves are estimated, were applied to the 1997-98 data to bring it up to 2001 terms, both in numbers projected as likely to grow and growth in income levels expected as well. Having done that we produced a cost for the 2001 budget package which was used on budget day. Since then we have acquired basic data which is two years more recent.

The 1997-98 data which was used originally has given way to 1999-2000 data. When that happened we recreated the projected income levels of taxpayers from 1999 through to 2000 and 2001 up to 2002 and 2003. Effectively, it means that the 1999-2000 data, which we now have as a fact and which would have been previously part of the projected role of information between 1997-98 and 2000, has shown a higher growth in numbers and a greater growth in income levels than was originally constructed.

Does the information given to the Comptroller and Auditor General last year need to be revised because his report states that the revised tax base reflected the fact that the estimated number of PAYE income earners on Revenue's books in 2001 increased by 76,000 compared with the corresponding figure used in the budget for 2001? It further states that the tax base, revised on the basis of those figures, caused the cost of the 2001 tax package to be revised upwards by €300 million in a full year. As I understand it, that €300 million is related directly to the 76,000 extra bodies reported by the Comptroller. Mr. Molloy said that corporation tax can vary because of different factors, but the PAYE sector is a more stable body of people which should be much more easily assessed on a month by month basis.

Mr. Molloy

It is correct to say that the numbers increased by 76,000 on the basis of the data available to us then, but in revising our basic history records and coming up with more recent versions of them, it would be almost unheard of to have exact similarity in regard to all the other features. Income levels of individuals will have changed, sometimes lesser or greater than was originally projected based on two year old history data. There is certainly a combination of both increased numbers and changes in the income levels——

It was projected that the tax package would cost an extra €300 million. It states here that that was caused by the extra 76,000 people who were found. Is Mr. Molloy saying it is caused by something other than that?

Mr. Molloy

It is caused by the changed income levels of the existing population as well as the additional 76,000.

They must be extraordinarily well paid if, on average, they cost almost €4,000 extra each in 2001.

Mr. Molloy

At the time we were doing the original cost projection, we were trying to bridge a gap between the 1997-98 factual year and the 2001 budget year. We had to do what bridging we could, as we always do, on the basis of the then estimated economic growth factors which indicate potential rate of wage and salary increase and potential rate of numbers increase and we used what we had at the time. They in turn became revised later. The same growth factors which underpin the forecast of tax revenue and which are very much subject to revisions are also used to underpin what we will call our budget costing base. During that time growth was very strong. Wage levels were increasing at a higher rate than was initially projected and that fact was reflected in the more recent history data when we could look back on those years for which we had originally projected. We were simply——

I am not any clearer but we have to move on. I would ask that this matter be elucidated further, perhaps by written material. If the 76,000 costs increased because of the tax package, surely there should be a lot more income as well because of the taxes they would be paying.

I understand Mr. Considine referred to this in passing but I was relying on an article by the respected economist and journalist, Colm Rapple, in 2001 in which he referred to the change in the Finance Act - I do not know whether it should be considered a loophole - whereby the wealthy self-employed paid 74% of declared income only. Why did that happen? What was the justification for that? Mr. Rapple gave a certain figure in that 2001 article but Mr. Considine gave a figure which took into account the effect of the special savings accounts. Will he briefly elucidate that particular provision in 2001? What was the justification for that? Not all self-employed people are very wealthy but a section are wealthy. Why would they be given such a massive break and how much did that cost?

Mr. Considine

Could I ask Mr. McNally to answer that?

Mr. McNally

The tax year in 2001 was nine months, which is 75% of the year, so the self-employed would pay 74% to 75% of the income. That is the simple, straightforward explanation.

So there was no break for them.

Mr. McNally

No. They pay on the basis of their accounting year. The accounting year for that period was the nine months, rather than the full year, from 5 April to 31 December. That is slightly less than nine months, roughly 75%.

On that point I ask the representatives of the Revenue Commissioners to take note of Deputy Higgins's concerns and when they come before us again, they can address those issues.

On another point, what is the justification for deducting the SSIA payments from income tax revenue?

Mr. Considine

That is not unusual. This is done also for——

Mr. McNally

Tax relief at source on the mortgage income, VHI.

Mr. Considine

Yes. Mortgage income and VHI are other examples of that. It is an efficient way to do it. It is just an administrative approach. There is no particular significance to it. It would cost the same amount, assuming the person was a taxpayer, if it were done the other way. It is an administrative approach to doing it, and an efficient one.

In terms of refinement of the figures, which this committee will be examining, and the impact on the economy and the infrastructural development of the country of the figure being out by €2.5 billion, do you believe that has far reaching consequences in terms of the methodology used and the accuracy of the figures arrived at? When the economy was buoyant it was easy to project figures but it is difficult to tolerate a figure which is out by 8%, which I am sure you will agree is very high. A figure which is out by 1% or 2% would be tolerable but that level of inaccuracy in an overall budget is difficult to explain. What is your opinion on that?

Mr. Considine

I would not want to minimise what you say, Chairman, but I have before me what I believe to be the forecasts for the US tax revenues in 2002 and the out-turn and the difference between the two figures was 13.9%. The latest figures for the UK, which appeared in this week's Financial Times, is about 1.9%. I thought it was 2.1% but it is 1.9% according to the table I have before me. We are in no way complacent about tax forecasting and the problems that can arise from forecasts which are significantly different to what was expected. There have been extreme variations in developments over the past number of years compared to what was expected and this is causing particular problems.

In relation to the impact this had on expenditure, expenditure in 2001 did not change as a result of the tax shortfall. The strain was taken on the reduction in the surplus. A reasonable question is whether the Government would have taken a different view on expenditure if we had been able to forecast more accurately the out-turn of tax. It is a fact that expenditure in 2001 did not turn down in line with tax revenue.

With regard to the economies of scale compared to the US and the UK market, in a business world one can make comparisons with bigger companies which would not reflect the true nature of the business in any sense. While one can justify inaccuracies by citing best examples elsewhere, is that tolerable in this day and age? Should we not concern ourselves with best business practices here, given that we have a 21st century information database, the SMI report has been published and the strategic management initiative has been implemented in every Department? The Department of Finance is a lead for other Departments. Is it not indicating to other Departments, heavily constrained by having to keep within their budgets, that there will be a level of tolerance, if there are such inaccuracies within the Department of Finance? Is that not giving a signal that such a level of tolerance will be allowed?

Mr. Considine

I would dispute that we would allow ourselves any tolerance in relation to our budget or in relation to expenditure generally. It is our job to deliver budgets on target, but forecasting tax revenue is a different matter. While I take the Chairman's point, as I said a number of times we are doing everything we can to try to improve our performance. While that point can be made about the size of the US and the UK markets, the point can also be made that the Irish economy is very open. It is one of the most open in the world. Whenever the world economy is buffeted by unexpected events it hits us hard and there is no escaping that. I wish we could anticipate as much of this as we can. I assure the committee we are doing everything to try to produce a better performance than we had in the past few years.

I wish to raise a question concerning what Mr. Considine said and to ask another question. Alongside the methodology the Department uses, I am sure Mr. Considine would agree that there is a need to work on the profiles of the clients with whom it deals. Aside from what might happen in the European economy or the world economy, there is a need to understand what is happening at micro and macro level within this country. Alongside the methodology used by the Department, there is a need for it to have a nose for the market. It must have profiles of its clients. From the replies and explanations given by Mr. Considine, it seems the Department does not fully understand what is happening at macro and micro levels here and does not have a clear understanding of the profiles of its clients. If there was such an understanding, the Department would have a greater understanding of its clients' ability to cope in the economy and with changes that occur within it. From what has been said, I do not have confidence in standing over a statement that the Department has a complete understanding of or a nose for the market that would give us relevant information. The Department seems to be lacking in that regard.

Does the Department have a figure on its books in respect of returns of capital gains tax based on the issues raised by the Ombudsman on behalf of certain individuals which are still pending? In one case where the Ombudsman found in favour of a client and which the Department is disputing, the amount in question is in the region of €750,000. Has the Department set aside an amount that may have to be returned to the individuals concerned?

I wish to ask a general question on the finance accounts. I will not go into the reasons the Department has purchased various sites. The Department's purchase of various properties for use by other Departments was raised recently in the national newspapers, particularly in relation to specific properties purchased by the Office of Public Works and left unused for long periods. Is it not a scandalous waste of public money that a site was purchased without maintenance and security programmes in place and that this property may be sold at perhaps less value than that for which it was purchased? I refer to a property in Wexford. Another property was leased, but has not been used for the past two years, although the person with whom the lease was arranged presumably is being given some payment. Is that not of concern to the Department?

The Department also entered into arrangements to purchase sites for the building of schools. The deals were almost complete and certain costs were entered into by the State, but by and large the purchase of those sites has been abandoned. What vacant properties does the Department have throughout the State, which are not attracting rent or are not being used? Is there a list of and a valuation on each of those properties? What is the Department's intention in relation to the disposal or lease of those properties? In dealing with this issue, is the Department actively pursuing the market in terms of seeking value for money?

Mr. Considine

Before I answer the Deputy's questions, I wish to deal with an earlier point he made, which I missed in my reply. He referred to arrears of €351 million, which is stated on page 54 of the Green Paper. Our Revenue colleagues would be able to assist in that regard, but the point made was that there was no evidence from the level of the arrears that a collection problem was a significant issue in relation to the shortfalls in 2001.

With regard to the Deputy's comments about the profiles of our clients and our knowledge of the macro economy, in relation to excise and VAT, which were two big items in the shortfall in 2001, that shortfall was exceptional in the sense that those items were not short in 2000 or in 2002. In 2002, the forecast for excise was €4,405 million, which represents an 8.8% increase over the 2001 outturn, and the actual outturn of €4,441 million represents an increase of 9.7%. In the case of VAT, the forecast was €8,789 million which represents an 11% increase over the 2001 outturn and the actual outturn of €8,885 million represents an increase of 12.2%. As a result of the analysis we did on the 2001 out-turn the forecast for 2002 reflected our belief that 2001 was exceptional and the out-turn seems to bear that out.

In relation to knowing the macro economy, I said earlier that the world economy is of major importance to us because our economy is very open. Everything that happens in the world economy is bound to impact on us. To the best of my knowledge, in common with most other countries, we take forecasts of the world economy produced by major international organisations and use them as the basis for our forecasts. If they turn out to be wrong, that will hit us. Sometimes, depending on the composition of it, it will hit us more or less than others because we are so open.

In relation to our knowledge of the client base, we do not have any access to it. We rely on the Revenue Commissioners for that. We do not know about individual clients and it would not be right that we would. In relation to the——

I am not suggesting that. If one is in a mainstream business, the profile of one's customer base is essential. I am not asking about individual clients but there should be a general profile of their activities and their ability to continue during economic difficulties caused by either home or international events.

Mr. Considine

Obviously we have close working relationships with the various sectors, particularly the financial sector and, through the Revenue Commissioners, with the other sectors in the economy. As I explained earlier, that is critical under some of the tax heads because there can be major moves by individual companies which significantly impact on the out-turn. Obviously, we can always improve on that. Part of the reason we are continuing to work on the out-turns for 2001 and 2002 is to see if we can do a better job in that regard.

With regard to the Ombudsman, I do not know about individual cases but I am sure that if the amount is significant, the Revenue Commissioners will have taken that, as well as any other development they are aware of, on board. The Revenue Commissioners can confirm that to the committee. The State property portfolio is the responsibility of the Office of Public Works, which has its own accounting officer. Indeed, the Office of Public Works manages our buildings as well as those of every other Department. I accept the point, however, that every effort should be made to ensure we make the best use of all the buildings we have. I am not in a position to comment on individual buildings as that portfolio is managed by the Office of Public Works.

I also asked about CGT. Is anybody else willing to comment on that figure?

Mr. Molloy

We made no provision in the capital gains forecast for anything of that nature. Our problem was a wider one in forecasting capital gains because we were coming from a situation where we were already coming in short against the target for 2002. We addressed it in a more global fashion. We had to decide whether the tax was slowing down for the reasons given earlier. The release of transactions and so forth which followed the 20% tax rate was now starting to peter out. We built our forecast for 2003 on the basis of relatively moderate growth rather than on an optimistic level. We did not make specific provision for the Ombudsman related matters the Deputy mentioned.

That is significant because there are disputed figures included in the returns for CGT. Clients made their returns but have disputed the amount they had to pay and taken their case to the Ombudsman. I am not asking you to comment on the cases but the Ombudsman has laid a report on this matter before the House. Surely you are obliged to ensure that your figures reflect the possibility of having to pay back CGT, as recommended by the Ombudsman. Two errors have been made. The collection figures correctly includes the money that has been collected but there is a doubt about that money. That will, therefore, result in a further shortfall in the returns. Second, it is good accountancy practice to set aside figures that are disputed as they might have to be paid back.

Perhaps the Revenue Commissioners will take note of that concern. They will be before the committee again before we note the Vote for the Department. Does Mr. Molloy wish to comment?

Given the amounts of money involved in the purchase of property, the sensitivity of this in cases involving potential school buildings and that properties are sometimes bought for a purpose but are not used at all, there is a significant cost to the State. Will we receive a written reply to our concerns in that regard, since the accounting officer is not present? The Department of Finance must have concerns about the amount of unused property and the cost to the State. The public is concerned about it and is expressing that concern through the national media.

It is a matter we can discuss with the Office of Public Works.

Can the Department of Finance insist that the Office of Public Works give a comprehensive reply to the issues raised?

Mr. Considine

I will look into it, Chairman, and reply to you.

With regard to the consultancy, what changes are planned with the green book? Does Mr. Purcell wish to comment?

Mr. Purcell

There is a general point and a specific one. The general point relates to updating procurement guidelines. The role of the Government contracts committee has been modernised and revamped. There was a fear, which was expressed over the last few years at different points in the committee's consideration of these matters, that the GCC had become more or less a rubber stamp for the granting of contracts. Mr. Considine can elaborate but I have seen a circular which revamps the role of the GCC. It will now be more concerned with disseminating best procurement practice and with sole responsibility for evaluating contracts which are awarded on the basis of the most economically advantageous position. That will be dealt with in-house. Of course, it will be subject to audit by my staff. In this case the Department consulted with my office and what one might call compensating controls and different reporting procedures have been introduced which, I believe, meet the position more than adequately. In fact, we are getting to a better position than heretofore with regard to contracts.

If I understood correctly, the Chairman is referring to Campus Stadium Ireland and an issue that arose about the procurement of executive services. At that time there was some ambiguity about which procedures were the appropriate ones to employ when contracting for such services. It was a novel type of consultancy. Last month the Department issued a clarification which brooks no ambiguity about this type of activity in the future. Once again it brings the cost of the service to the forefront in evaluating any proposals.

The budget for the Department was overrun with regard to consultancy services. I am referring to item 7.

Mr. Considine

Is it in our Vote?

Mr. Considine

Is it for 2001?

Mr. Considine

Item A7 in 2001 was a saving of €583,000. That was due to the delay in spending on a number of consultancies, particularly things which were expected to go ahead in the year but which did not.

What were those things?

Mr. Considine

Some €300,000 was included in the Estimate in respect of the evaluation of bids for the renewal of the national lottery licence, of which only €202,000 was spent. There was another €200,000 for consultancy in respect of research into compensation issues and the potential impact of that on the Exchequer. However, that did not proceed. On the organisation, management and training side of the Department, a number of individual items ranging from €17,000 to €25,000 did not go ahead as expected. In some cases there were provisions for the possibility that organisational reviews might arise, but that did not happen. Another €110,000 was provided to deal with issues relating to personnel and remuneration. However, the spending was €32,456 less than what was provided for.

As regards forecasting, it was stated earlier that the Revenue Commissioners produce a monthly profile and that at the end of three or six months we know if revenue has increased or decreased and how it will impact on the final out-turn for the year. We all know it can change from month to month. Does the Department produce a similar monthly profile for expenditure and is it published? It is strange that on 29 December it was expected that it would cost a certain amount to service the national debt, but on 31 December we found out that it cost €317 million less. I am sure that was known as the year progressed and that it did not happen on the last day. That is reserve accounting. The money is kept up one's sleeve until it is produced on 31 December, although it is known that at least €300 million was saved on the management of the national debt during the year. It is not acceptable to say at 5 p.m. on 31 December that €317 million has been found. There has been much hullabaloo in recent years about the release of information and the fact that we could face a deficit of €500 million, €700 million or €1 billion. Yet at the end of the year there was not a deficit because the profile of expenditure was not released. If the public and commentators were given a monthly profile of expenditure, they would know that some of the predictions were artificial. Perhaps Mr. Considine could deal with that point.

That is a good point.

Mr. Considine

I am looking at the pattern of expenditure on voted spending over the past three years. It tends to be erratic because of the fact that expenditure can be lumpy. The year 2000 over 1999 was erratic. There was a fall in January of 12.6% and an increase in September of 13.3%. The total out-turn was 12.7%. The year 2000 over 2001 was fairly even through most of the year. The out-turn was 22.7% for the year. The only figure below 20% was the January figure. In 2002 over 2001 the figures were coming down over the final months of the year. Part of the explanation for that is that when expenditure is slowing from a 23% increase the previous year to 13.9%, it takes time for it to work through the system.

As regards the debt service, it is not quite the case that the €317 million surfaced on 31 December or 2 January. Some €200 million was included in the budget figures for 2002 which were published on budget day. The significant changes between the end of September and the end of the year related to the fact that tax receipts were €266 million better than we had expected. We did that on the basis of the monthly profiles. It seemed, on the way the tax was coming in, that there would be a shortfall of €1.3 billion. In the event, it was €266 million better than that. When one considers the whole period, debt service was down by €317 million. Normal expenditure was also lower than we expected because of the savings across a number of Votes. There is a multiplicity of individual spending items and when one is pushing in a particular direction, it is difficult to get a precise figure.

As to whether we should have known about the €317 million debt service saving earlier, people tend to be prudent when releasing savings and they will not release them until it is clear they will have them. There is a fair amount of uncertainty in the financial markets and I assume that is the reason the figures were not released earlier, if they were known. Where we knew the figures, such as the lower contribution to the EU budget, that was released early in the year in June. It is not a case of squirrelling away all the good news and only releasing it at the end. That is what happened in 2002.

Mr. Considine is making my point to an extent. The NTMA, in the interests of prudence, did not release the savings until the end of the year. It could have said in June, September or October that based on current projections it expected savings of a certain amount. However, we did not get that information during the year. It all came at the end of the year. I am not saying it should have released it as a final statement, but it could have been based on projections. The monthly profiles are projections and comparisons. Mr. Considine did not answer my first question. Are monthly profiles of expenditure published? Perhaps they were published and I missed them. I know there are variations but at least we could have a more informed debate if we received these on a monthly basis. We were trying to prevent over expenditure early on in the year and we were told it would come down to 13.9%, and it is great that it did. However, that must mean there was a severe break in the last couple of months to bring it down to the average 13.9%. The public would not have known this was real but if it had known the profile of expenditure on previous dates, it would have known whether it was possible to achieve this or if it was just a rabbit pulled out of a hat.

We spent the day discussing the problems of forecasting on the revenue side and, of course, when all is said and done, it is an inexact science. I see no reason we cannot have the equivalent level of debate and public information in relation to the forecasting of expenditure. One has far more control of expenditure in any organisation than over potential revenue because one can ultimately say "no" and write no more cheques, but one is waiting for revenue to be collected. It is easier to do projections, profiles and monthly expected expenditure. I suggest it would help to spread it more evenly. It would better inform the public and commentators on the issue and ensure more informed debate rather than having all the information come out at the end.

Mr. Considine

For the reasons I have explained, I fully accept we should be better able to control expenditure than revenue. We said repeatedly we would do that.

You never produced the monthly figures so we could assess that.

Mr. Considine

We are going to publish monthly profiles——

I am pleased to hear that.

Mr. Considine

——of expenditure for 2003 at the end of January - for voted expenditure. We will also publish them for the revenue for 2003.

Will that happen on a monthly basis from now on?

Mr. Considine

No, the full 12 months will be published.

You will release them at the end——

Mr. Considine

We will release them at the end of January.

I understand. Thank you.

Mr. Considine

I cannot accept the NTMA knew it would have these savings before it released them.

I agree with DeputyFleming that it would be good to have the monthly spending figures published but I would like them to be growth figures as far as services are concerned. That is the important thing.

I have two brief questions. The shortfall in income tax in 2002 was €383 million. Was any of that due to an underestimation of the cost of the special savings scheme and if so, how much? I cannot see that figure anywhere. Mr. McNally partly clarified my question but, in any earlier intervention, I thought you referred to that particular situation as giving rise to some cost. Maybe you could repeat that. I would like to know how that cost arose. Mr. McNally said that nobody escaped paying what they would have paid anyway.

I am intrigued by paragraph 15 of your report, Mr. Considine, in which you said that the nominal level of economic activity in 2002 was only about 0.5% lower than expected at budget time. You went on to say that maybe the content of the economic activity changed with foot and mouth disease, etc. In relation to the drastic drop in income tax, considering what you said about economic activity, could some of that drop be accounted for by an increased use of tax shelters? Is there a mechanism by which Revenue, or indeed yourselves, know how much money is being saved by certain sections of the taxpaying public from tax shelters?

On the pension fund, do you believe the 1% is adequate to meet future needs in light of the age profile going forward?

Mr. Considine

I will deal with that question first. A 1% contribution would not meet the full cost; it would only meet about one third of it. Having said that, Ireland would be to the forefront in making such provision in good time before the ageing hits us. In terms of age profile, we are a bit behind many other countries.

In relation to the shortfall in income tax in 2002, the SSIA scheme accounted for €177 million. The reason I did not mention it is that there may be other one offs which are in the opposite direction and until I get an overall picture, it might be misleading to pick out individual items. For example, the underlying tax collection from DIRT brought in about €112 million more than we would have provided for, so that is an off set. It is dangerous to pick out individual items. The fact we also have a lower forecast in terms of economic growth would also account for some of it.

Mr. Considine, it may be offset but that is quite accidental. They are completely different categories after all. I would have thought the €177 million underestimation of the cost of the special savings scheme is an important figure in its own right.

Mr. Considine

I do not dispute that. It is one factor. Because it is so recent, we are not really in a position to make an overall assessment of why the income tax shortfall in 2002 was as reported. As I said, the reason is that we do not have revised economic forecasts or out-turn forecasts from the CSO or we do not have great details on the tax base for the relevant period. There is no disputing that fact. I think my colleague from Revenue mentioned that when a new scheme comes in, it is particularly difficult to anticipate how many people will avail of it. More people availed of this scheme and found it attractive. That is the explanation.

In relation to the nominal GNP in 2002 and the fact it was just down 0.5%, I put that in because I have heard that point made before and to point out that it is not that relevant. What is more relevant is that personal consumer expenditure was down quite sharply. There were other distortions in the economy which I have explained.

In relation to tax shelters, a report was produced and published shortly after the budget, the Revenue Commissioners' study of the effective tax rates for high earning individuals, which is in the Library. If the Deputy would like me to go into it, I will do so. They sampled a number of the top earners and the lower effective rates in these cases were attributable to availing of mainly property based tax incentives. Much has been done since 1998 to close off these property claims, including what the Deputy might have seen in the newspapers in the last couple of days. It takes some time for this to work through.

The Revenue Commissioners will be coming before us again when we can go into that in more detail. It is a huge issue.

I will study that report. I seek clarification on the self-employed situation in 2001.

Mr. Considine

I will ask Mr. McNally to respond to that.

Mr. McNally

The position is that the self employed, for example doctors, pay professional services withholding tax and they get a credit for that when they pay their income tax. It arises from a court case of 1996 and is paid on a current year basis. Until then we paid it one year in arrears, but the Daly case of 1996, decided in the High Court, ruled that it should be on a current year basis.

When we changed the tax year to nine months it meant that some people had accounting periods extending to 31 March, which straddled the 2001 and 2002 tax years, because the changeover was from April back to January. The tax law provided that where such a period was straddled, the tax credit should be given in the subsequent year, in 2002. That was the basis on which we put the figures in the Budget. Subsequent to that the Attorney General advised on constitutional grounds and in the light of the Daly case we would be on unsafe ground to deny the tax credit in the current year. As a result, we gave the tax credit in 2001 rather than 2002. That accounted for €49 million of the credit.

Will that be recovered in the following year?

Mr. McNally

Yes, it is a cash flow from one year to the previous year.

There are two entries in the Finance report regarding an arrangement with Marathon Oil which indicates a cost to the State of approximately €6 million. Has there been a review of the arrangement?

Mr. McNally

I know about this because Colm Rapple asked about it at a press conference and I had to ascertain the position. In 1959 an agreement was reached between the Government and a company then known as, I understand, Ambassador Oil under which the royalties paid were specified, while they and the tax involved were limited to a certain amount. It means that where the company pays more tax than royalties it gets money back. That agreement has lasted more than 40 years and I am not aware of it being subject to renegotiation. It is a binding, contractual commitment under the terms of which the company undertook to operate.

It is disappointing and regrettable that the State must subsidise the company to the extent of €6 million. I am disappointed that the contract cannot be revisited or renewed, especially in view of the profits made by the oil companies.

Mr. McNally

By way of clarification, I only know the accounting details. I do not know of the circumstances, but presumably if the State changed the contract it would be expected to fulfil its obligations.

Perhaps you will let me know if it is possible to review the contract.

Mr. Considine

The royalty payments are made in six monthly instalments and the level of the royalties paid by Marathon Oil is determined principally by the quantity of gas delivered by the company to Bord Gáis Éireann and the price which the latter pays for it. Royalties are brought to account in the Exchequer receipts before the committee.

With regard to the Kinsale gas deposit, under the 1959 agreement, royalties are payable by Marathon at the rate of 12.5% of the fair market value of the well-head of such oil, gas and other petroleum substances as may be produced. Where the product is not sold to the well-head, a deduction for the cost of making it saleable and transporting it to the sale point is allowable in computing royalties.

The Kinsale gas deposit came into production in 1978 and as the gas is not sold at the well-head but is delivered on shore to Bord Gáis Éireann at Inch, County Cork, Marathon's transportation costs are allowed. Following agreement on the methods of calculation of the deductions, the first royalty payments cover the period from the commencement of production in 1978 to 31 March 1982. Royalties in the Ballycotton gas field began in 1991.

There is another side to this. Under article 10 of the agreement with Marathon, the company is entitled to a refund of the amount by which the total of tax and royalties paid in any accounting period exceeds 40% of the net income as defined in the article. This agreement applied to all operations pertaining to acreage held under Marathon's 21 year leases, of which it now holds royalty payments. Statutory power to make payments of this kind is contained in the Finance Act 1992 which amended section 55 of the Petroleum and other Minerals (Development) Act 1960. Article 10 requires that Marathon be paid due remittances at the time when the relevant tax is paid. The amount of royalty and tax paid in any accounting period essentially determines the extent of the remittances to be refunded to Marathon, as per the contractual obligation on the Minister devolving from the 1959 agreement, which cannot be unilaterally altered. The payment and the level of remittance which falls to be paid in any one year are issues over which the Minister of the day has no control.

The agreement made in 1959 with Ambassador Oil - Marathon now has this interest - was drawn up at a time of low prospectivity expectations, an unfavourable risk-reward ratio and a desire to provide a favourable environment for exploration investment to establish the existence of oil and gas resources. The Department of Communications, Marine and Natural Resources completed an examination of Marathon's article 10 net income from 1959 up to the end of 1990. As of that date the company had a net loss for article 10 purchases of €235 million. On current operations, Marathon generates a new income for article 10 purpose at which rate it is clear the company will not exhaust the full amount of the net loss before the expiry of its leases. Accordingly, its net income will remain at less than zero, which will, under the article 10 formula, entitle the company to receive a remittance for the full amount of any tax paid each year.

The nature of the provision in the 1959 agreement and Marathon's operations to date are such that repayment of remittances will be an annual event for the foreseeable future, that is, until the net loss reaches zero. The amounts are listed in statement 1.6 of the Finance accounts. It was £5.24 million in 2000, £12.6 million in 2001 and £8.6 million, or €10.9 million, in 2002.

Mr. Purcell, would you like to comment?

Mr. Purcell

I recall that agreement because I happened to be working on the audit in that area at the time and I was probably responsible for highlighting the financial aspects of it through the then Comptroller and Auditor General's report. I recall accompanying the then Public Accounts Committee to Marathon platforms off the old Head of Kinsale. In effect what it means is that Marathon will never pay tax in this jurisdiction. There is a theatrical element to this in that in recent years it would hand over an amount of tax for so much and get a cheque from the Exchequer for a similar amount. The company would, of course, pay a certain amount in royalties on the gas.

Is it simply the case that the tax paid by Marathon is refunded or does it amount to a net liability on the State?

Mr. Purcell

No, it amounts simply to the tax paid by Marathon. As Mr. Considine said, they will not absorb the extent of the calculated loss over the period of the reserves of gas which are in the Kinsale field.

Who made this calculation of expected loss? That is what I would like to know.

It is a good question because it is giving huge privilege to a very wealthy company. It is unbelievable that the State is subsidising that.

We spoke about transfer pricing here a while ago. One can now manufacture a loss in Ireland. Who is verifying this calculated loss?

Would it be possible to get a copy of the note which Mr. Considine has read into the record?

Is there any way, in the opinion of the Department, that this could be renegotiated in the future?

Without renegotiation, Chairman. I see people nodding their heads. One cannot renegotiate, but I would like to verify that these losses are genuine. I gather that if there were no losses they would not get this money back but as long as there is a loss, they continue to get the money back. I would like to be satisfied that it is a real loss incurred in Ireland. Perhaps it is. I am not saying it is not. I do not know.

It must be as a result of the experience of this that Fianna Fáil went one step further and gave away the entire Corrib field for neither tax nor royalties.

Mr. Considine

Chairman, this is the primary responsibility of the Department of Communications, Marine and Natural Resources. If it is the wish of the committee, I can ask that Department to let you have a note on it.

That would be very much appreciated. On the recent working group on accountability, perhaps you would undertake to write to the committee outlining your view of the impact it could have on the Committee of Public Accounts.

Mr. Considine

The report was an opportunity for all of us to review the way business - the preparation of accounts, the responsibility of accounting officers, Secretaries General, etc. - is done. We had the advantage of having on the committee a former Comptroller and Auditor General who was able to provide an input from that side of the house. We also had private sector people involved. We consulted various people and the current Comptroller and Auditor General came and gave us very helpful evidence.

Would you write to us on that point? I realise it has been a long meeting for you. I am conscious of the importance of receiving consideration on that report and that you keep us informed on it.

Mr. Considine

I will do that.

I note that the Houses of the Oireachtas Commission Bill has been ordered for Second Stage. Is this Bill a priority in your Department?

Mr. Considine

It is in the sense that it has already been published. My understanding is that it has passed Second Stage and is awaiting Committee Stage.

When do you think it will be taken?

Mr. Considine

That is a matter for the committee. As far as I know, the delay is not on our side. Obviously it is ready.

As Chairman of the committee concerned, we are dealing with the Financial Services Regulation Bill this month and the Finance Bill at the end of February. It will be March when we move on to Committee Stage of the Bill to which you refer.

I thank Mr. Considine, Mr. Molloy and all of his team for an excellent debate. I thank Mr. Purcell and his team for providing fantastic back-up for all of us.

I propose that we note the following: President's Establishment - Vote 1, Office of the Minister for Finance - Vote 6, Superannuation and Retired Allowances - Vote 7, Secret Service - Vote 12, Contingency Fund Deposit Account, and the Finance accounts 2000 and 2001 - Department of Finance. Chapter 4.10 will be left until the meeting with the Office of the Revenue Commissioners. Is that agreed? Agreed.

At our next meeting on Wednesday, 29 January, we will deal with Vote 25 - Department of the Environment and Local Government, including examination of Dúchas. Is that agreed? Agreed.

The committee adjourned at 3.15 p.m. until11 a.m. on Wednesday, 29 January 2003.
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