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Dáil Éireann díospóireacht -
Thursday, 24 Jun 1965

Vol. 216 No. 10

Finance Bill, 1965: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time".

Last night I was criticising the licensed trade for the greed and avarice they have shown by doubling the tax the Minister put on drink. It is a ridiculous situation that any section of the community should be allowed to profit, without any voice being raised in protest here, to the extent of approximately £2 million a year, a sum equivalent to that which the Minister hopes to collect by way of taxation. If the oil companies or the petrol retailers doubled the tax the Minister put on petrol and oil, and increased the price by 6d instead of 3d, there would have been an outcry immediately against such profiteering. But that is what the licensed trade have done. If the tobacconist had increased the price of cigarettes by 8d instead of by the budgetary 4d, there would have been an immediate protest.

Yet in relation to the licensed trade, we have a position in which the Minister says he can do nothing beyond instituting an inquiry by the Fair Trade Commission. It will take the best part of the summer to make that inquiry. I am convinced it will not produce any results which will have the effect of reducing the price of drink. By the time the Fair Trade Commission reports, the uproar will have died down and there will be no question of reducing the price of drink to the level at which it stood before the Budget. That is very unsatisfactory. No Minister should have to come in here and admit that he is powerless to do anything. The Minister had the machinery available under the Prices Advisory Body but he deprived himself of the use of that machinery by allowing it to fall into disuse. On many occasions he has been asked, advised and encouraged to reactivate the Prices Advisory Body and have it available to deal with unwarranted and unnecessary price increases.

I am aware that it is not possible to exercise control over many price increases, but the point is that the manufacturer and the retailer should be in the position in which they will know that, before they can increase prices, they will have to go before a competent body qualified to examine the case made, and to explain and justify their action. If that is done, the temptation to increase prices more than is absolutely necessary will be removed because the manufacturer and retailer will know that they will have to face these people. The efficient manufacturer who is doing his best to keep prices down will be justified. The inefficient manufacturer will be discouraged. The public will be assured that the increases are necessary. Inquiries will be held in public and justice will not only be done but will be seen to be done. That is very important but, apparently, it is something to which the Government and the Minister attach no importance.

In the not too distant future, and particularly in the next 12 or 18 months, we will have to face a very difficult economic period. Exports are falling at the moment and imports are rising. Our unhealthy trade balance is getting more and more out of hand. The credit squeeze, which is now beginning to make itself felt, except in the case of the Minister for Finance——

The Deputy has been pouring out misrepresentation of me since he started this morning. Last night he did the same thing. The Deputy must not have been in the House when I made certain statements.

I was not here to hear the Minister's statement, unfortunately, but I am recalling answers given to Parliamentary Questions, answers in which the Minister denied any knowledge of a credit squeeze in relation to housing. We had a situation that one day recently the Minister said he was not aware of it, that this was a normal reduction made by the building societies at this time of the year. But five minutes later the Minister for Local Government said he was aware there was a credit squeeze, that the building societies had not the money and that this was the reason it was not being made available. Therefore, this is not a question on which Fianna Fáil are speaking with the much-quoted one voice of Cabinet responsibility.

I do not want to misrepresent the Minister. I do not think it is necessary. I think he is hanging himself sufficiently well. There is a credit squeeze and I am glad the Minister is now aware of it, like everyone else. I think it is going to get considerably worse. Britain is facing a difficult economic position. It will give them all they can do to maintain the value of the £ in the autumn. I would not be surprised if it was necessary to devalue the £ at the rate of 2.50 dollars or 2.40 dollars to the £. With this credit squeeze and the fight they are bound to make to maintain the £, and with the Americans tending to have a credit squeeze, the economic position will be extremely difficult. Far from increasing our exports, we are going to find it difficult to maintain them at their present level.

In that situation it is necessary that everything possible be done to keep prices down and to keep the economy trim and ready for fight. We are cowardly if we fail to make any reference to the possibility of another round of wage increases. It seems to be on the horizon. I believe the main reason for this is the rapid increase in prices in the past 12 months. The normal person feels that the benefit he derived from the 12 per cent increase has now been taken away. If anybody expects wage and salary earners to stand by and not strive to maintain or increase their standard of living, he is being rather unrealistic and most unsuitable as a Member of this House.

At the same time, can we afford another round of wage increases? I personally do not think we can. The position on the home market may not be unduly serious but on the export market, where our manufacturers should be striving to increase our exports, it is going to make a difficult position even more difficult. The only way this situation can be dealt with is for the Government to formulate some type of incomes policy. By an incomes policy, I do not mean a wages standstill order. I mean an incomes policy which will cover wages, salaries, prices, profits and dividends. This is something I should like to think the Government are beginning to realise is necessary. Practically every other country is beginning to realise that you cannot have a free-for-all on an unlimited basis. If exports and competitive prices are to be maintained and if tourists are to be attracted here, this is something we will have to face. I am not saying it will be easy and will not produce headaches, but the sooner it is faced the better. It is possible by this time next year we will have the Government making a move in that direction, but by then it may be too late. The time to start is now.

The Government would do well to consult the different sections of the community involved, discuss the matter with them and make some move in this direction. If they do not, they are showing utter irresponsibility. I hope we will not be faced with Ministers coming in here in 12 months' time and saying, as they have said, they were not aware of it. I hope they are aware of it now and will try to do something to meet the situation in advance. If the Government show the necessary courage in formulating this incomes policy, they will get the support, certainly of this side of the House, and I believe of all sides of the House, provided it is a genuine incomes policy which covers everything, including prices, dividends and profits.

I am naturally disappointed the Minister did not see his way to increase the tax-free allowances, particularly in the case of children and dependants. They have not been increased for some years and prices have gone up considerably since then. It is something which might have been done. If some of the £2 million which has been allowed to go to the publicans without protest were directed to this end, it would be much more to the credit of the Government.

Section 23 is the section in relation to a policy which a husband may have taken out on his wife or a wife on her husband. There is one point in relation to it on which I should like information from the Minister. Does this mean that, if a wife has a policy on her husband's life and pays for it out of her own income, this policy will be included in the husband's estate when he dies? If the husband were to give his wife a small allowance per week as pocket money and the wife, instead of spending this money, decided to take out an insurance policy on her husband for the situation that would arise on his death, does this mean that the policy will now be included in the husband's estate? If that is the case, it is most unfair and utterly unreasonable. It removes any status the wife has in regard to holding money herself.

I hope the Minister will clarify this when replying. The inclusion of such insurance policies in the husband's estate is a mean and petty way of grasping a few pounds from a widow and orphans at a time of distress. It is disreputable and not worthy of any man. If it were felt by the Revenue Commissioners that making provision for the next-of-kin was an offence and that £5,000 was too much, surely it would have been possible to reduce it to a smaller figure, say, £2,500 or £3,000 without abolishing it altogether? I hope there will be second thoughts by the Minister and the Revenue Commissioners in regard to this.

As the Finance Bill will be tailored in the Committee Stage, on this Second Reading, I shall confine myself to a few general observations. I join with Deputy Booth and other speakers last night in the hunt or the task of eradicating that thing called retrospective taxation. The thing should be spelled in capital letters "That Thing". In section 18, it is lurking in the shadows. In section 22 and 24, you see "The Thing" breaking through the lines. In section 39, it is hidden in the thickets of that charging section but it is clearly moving and in section 42, it gives a final hiss or yelp, call it what you will.

I am sure the Minister, as a lawyer of standing, has as good respect as all of us for the rule of law. This retrospective taxation, hereinafter called RT, deeply offends the rule of law. It is inequitable, unfair and fundamentally bad. If the principle, as it has in some non-west European states, is extended to other fields, we can find the patriots of 1960 becoming the traitors of 1965 in the acts done in 1960.

Where did "The Thing" come from? There is no doubt it originated with the Revenue Commissioners. It is a pet up there. They have a human weakness for it. After all, if the taxpayer has illegally defeated the Revenue in their effort to extract some tax from him, well then, let us get after him next year and make him cough up. I do not mind the stoping-up of gaps but this trying to carry the liability backwards into a year when the gap was legally open is what is wrong. The water has gone under the bridge; forget about it. A learned English judge, a Revenue judge, once delivered this obiter dictum:“A taxpayer can use every legal effort to prevent the Inland Revenue”—as it then was—“from putting its hand into his pocket”.

Do not confuse RT with back duty where a man may pay tax back in respect of 20 years. That man has failed to disclose some source of revenue or some asset over the years. He has been outside the law: he is caught out. The Revenue are good at this. They take well-merited pride in their work and we should praise them. Their officers are filled with a righteous glow. After the passage of over 25 years, I can still myself feel that glow. But back duty is not RT. In the case of RT, you have paid your legal share in 1964, have got an honourable discharge and a clear receipt and then, in 1965, RT or "The Thing" appears and asks you to pay up something extra for 1964 because it is put into legislation in 1965. No; I join my anathema with the other speakers last night and say "Away ye cursed from my sight". I hope the Minister will join us in the angelic rite.

As regards Part III, concerning death duties, I should like the Minister to take a hard look next year at this section of the code, which I will refer to as the Glasnevin, Mount Jerome and Dean's Grange section of the revenue code, and to try to bring some order into the cemeteries.

With section 39, I am in full agreement. It is very laudable and proper to bring into the ambit of tax the profitable enterprise of developing land and speculative building. But the section is far too widely drawn. Does it spell out too clearly the exemption of farmers? If a landholder in a country town decides to develop portion of his land for building sites and the Revenue Commissioners come along and say "Bail Ó Dhia ar an obair", will he not feel a shiver down his spine? Is he caught by this section or is he out? However, there seems to be a way out.

The section charges a trade or an adventure in the nature of trade under Case 1, Schedule D, and all other activities are brought under Case 6. Case 6 was the old dragnet of the income tax code. However, these matters are more proper to the Committee Stage but I just wish to point out here that it is possible that the omission of Case 6 from this section might help to tighten it. The main point I wish to make here is that finance legislation has to be spelled out clearly and unambiguously, and must be well-defined. There is no equity in income tax, no room for loose interpretation.

The Finance Bill is rightly more than a mere tax collecting Bill. In the first place, it gives effect to the Budget Resolutions, which themselves reflect the social and economic thinking of the Government. The Bill is therefore correct, looked at in the setting of this economic climate, and certainly, as the Taoiseach warned some weeks ago, this needs careful watching. However, having listened last night to the Cassandra-like wailings from Deputies about our economic position, I would commend the House to read Senator Garret Fitzgerald's Economic Comment in yesterday's Irish Times. I particularly commend the closing sentence in which cheerfulness at least comes breaking through:

All our efforts must be directed towards overcoming the difficulties of the next twelve months with minimum disturbance to our economy so that we may be in a position to exploit to the full the potentialities of our economic situation thereafter.

These are sound, rational words.

In all the circumstances, I commend the Bill as one suited to the time. It implements the social welfare taxation embodied in the Financial Resolutions; it stops tax leakages and gaps; it rightly extends the area of tax in Part VII; and it does not increase income tax but hopes that increased business turnover will make for a better yield. Subject to the eradication of "The Thing", I commend the Bill.

We have every year in the Finance Bill an opportunity to take account of the kind of leadership the people have a right to expect from the Oireachtas, and the Oireachtas, to some extent, is dependent on the lead given by the Minister for Finance and the Government because only Ministers of the Government are enabled by law to propose the financial provisions which can act as correctives for the national economy.

We recall that on a day such as this in the recent past the Government sought and obtained the support of the Irish electorate on the strength of the slogan "Let Lemass lead on". We therefore look for this leadership which he was chosen by the Irish people to provide and we are entitled to ask where is he leading us now. The country is in a mess. We have unemployment running at a constant 50,000 a year, notwithstanding the fact that we have pumped into efforts to maintain employment more money than ever before in the history of the State.

Emigration is running constantly at a figure between 25,000 and 30,000 a year. Our balance of trade figures are particularly deplorable, £21 million worse than the limit which was regarded as tolerable in the Government's much vaunted Second Programme for Economic Expansion. We are have the Government, by their agent the Central Bank, doing the dirty work of a credit squeeze. We are entitled to say that the slogan “Let Lemass lead on” has become a cynical and deplorable warcry and that his leadership has become like that of the Duke of Plaza Toro—from behind— because the Taoiseach finds that more interesting.

This appalling economic situation is one which the Taoiseach and the Government foresaw last year but did nothing about. They spoke about it during the first two months of this year and indicated at that stage that certain corrective measures would have to be taken. Then, because of a passing political event, the Cork by-election, though knowing the country would end up in a mess in the very near future, they decided to forestall the unpopularity that would deservedly be theirs if the extent of the mess had become known. For a month we had promises of better times ahead, no need to worry. Then the election campaign came to an end and the weeping began.

We had a right to expect that in that situation some steps would have been taken to put the economy back on the right lines. Instead, the reverse took place. Instead of establishing an atmosphere of confidence in which business could not alone be maintained but expanded, the Government have set about the most vicious credit squeeze we have ever experienced, and while the Minister and his colleagues have used in this House glib phrases about productive investment being the test for credit, the fact is many concerned are unable to maintain their production, unable to expand in accordance with the targets of the economic programme, because credit is being withheld from them.

There are many different ways of killing a dog besides choking him with butter. What is happening is that bank managers have been deprived of initiative in determining whether customers of particular branches should get credit. All applications for continued or expanded credit are being referred back to bank headquarters where they are meeting a fate similar to that which awaits applications to the Exchequer for grants or loans—they are being processed over lengthy periods and by the time they may later this year be approved, the circumstances which require the credit will probably have gone or the companies looking for the credit may have got themselves into such dire circumstances that the opportunity to save them will have disappeared.

We are alarmed by the Government's restriction on credit for what they call productive purposes. They declared seven years ago their policy would be that investment in housing and education was not investment for productive purposes. As a consequence, they deliberately set about reducing the amount of money invested in housing with the result that we have at the present time the most appalling backlog of house-building we have experienced since the State was founded.

We can only assume from the activities, or inactivity, of the Government that it is not their wish that money be made available for housing. The small reliefs the Minister for Local Government announced within the past week under the SDA loan scheme are utterly inadequate to meet the problems of house purchasers. They are certainly no relief to people who signed contracts for the purchase of houses in 1964 and who are still unable to complete those transactions because the banks, insurance companies and building societies to whom they made application for loans are not in a position to give them money.

The unfortunate plight of many of those people is that, being unable to complete their transactions, they are, nevertheless, liable for payment of a rate of interest of six per cent or seven per cent on the outstanding balance of their purchase money. Many of those people are paying abnormal rents for one- or two-roomed flats, ranging from £4 to £6 10s. per week. At the same time, because of the gross neglect of the housing programme by the Government, they are paying six per cent or seven per cent interest on the unpaid balance of the purchase money. This involves an additional £16 to £18 per month so that many of those people are paying as much as £20 to £25 per week because of the fact that money is not available from building societies, insurance companies and other loan agencies.

In that situation it is utterly deplorable that the Minister and his colleagues in the Government will not provide money immediately to enable transactions already entered into to be completed. If they do not do it, they will certainly not be forgiven by the unfortunate people concerned. I am upset to think that they do not have any twinge of conscience in relation to it. Perhaps the reason they are unconcerned is that the recent general election indicated that there is abroad an atmosphere of "Most of us are all right; we couldn't care less about those who are not". The Government accepted that the majority of the people are reasonably housed and shod and are not coming to the assistance of the tens of thousands of miserable families living in overcrowded and insanitary conditions, with all the health and other problems such conditions create. Not only are they not coming to the assistance of people wishing to build or purchase houses but they are actually continuing to penalise people who invest their savings in homes for themselves and their families.

We in Fine Gael deplore the continual tendency on the part of the Fianna Fáil Government to imitate, without question or without considering whether or not they are suited to this country, tax laws and revenue collection schemes operated in Britain. Since they have that tendency to look to Britain to find better and more sadistic ways of extorting tax from our people, why do they not apply some of the more reasonable provisions in the British tax code? One such provision which long since should have been applied to a country such as ours, a country of small means in which we believe in democracy and believe in, or pretend to believe in, Christian principles, and in which we should be assisting the people to develop prudence and the Christian virtues of self-respect and of saving, is the abolition of stamp duty on house purchases. This should be introduced up to a reasonable figure like £5,000 which today represents only a modest house in this city and throughout most parts of the country, or if the Minister wishes, he could leave the ceiling at a lower figure.

At present when a person purchases a home for his wife and family and expends perhaps £3,000—and in doing so, he is purchasing only the bare minimum in house requirements—he is penalised to the tune of £90 in a penal tax which the State imposes on such people because of their prudence in saving and because of their service to their wives and families and to the community in purchasing their own houses. It seems to me to be daft in the extreme that the State pretends to be coming to the relief of people by providing, in 1965, housing grants which were barely sufficient in 1948, grants of perhaps £275, and at the same time imposes a levy of £90 or over on people buying similar housing accommodation. It makes little difference whether or not the person is purchasing a new or an old house. The incentive to builders or others to build new houses should be in the housing grants but there should be no difference between the stamp duty payable on a house in respect of which a housing grant is paid and a house built many years ago and in respect of which a housing grant is not now available.

The extraordinary situation is that many of the houses which are subjected to the three per cent stamp duty are houses in respect of which grants are made available in the form of repair and improvement grants. This seems to be bureaucracy gone mad. It is the kind of housing incentive which is damaging the whole housing situation. Everything that discourages people from investing in house property is anti-social, bad for the country and something which the Minister should terminate with the least possible delay.

Earlier in the year I obtained from the Minister an estimate of the cost of relieving house purchases from stamp duties. Unfortunately I was not able to lay my hands on it this morning but if my memory serves me aright—and the Minister can correct me if I am wrong—the cost of so relieving houses of a value of £4,000 or under would be in the region of £250,000 to £500,000. That is only a fraction of the annual revenue collected by the State but we in Fine Gael believe it is something which is socially desirable and would operate ultimately to the benefit of the Exchequer. The more people who are encouraged to purchase their own homes and live in their own savings boxes, the greater will be the relaxation of applications to the State to provide subsidised houses.

The chronic balance of payments position at present is a matter of no small concern. The facts are that our balance of payments position over many years has been deplorable and the only thing that has saved us from ruination has been the high rate of investment in this country by foreigners. That is a trend which at present appears to be halting and a trend which is going to be deliberately discouraged by the strangulating death duties which the Minister is proposing in this Finance Bill. In Fine Gael we are wondering what the intentions of the Government are in regard to the balance of payments, particularly if foreign investment does not continue to enter the country at the same rate to preserve us from ruination. We look back through the records and wonder whether the sinister silence which is operating at the moment indicates that Fianna Fáil may again implementtheir one-time policy of devaluing the pound.

When difficulties faced this country before in the balance of trade figures, the Government of the day, of which Fine Gael were a part, took unpopular measures but they were measures which were patriotic and sufficient to protect the status of the country, economically and commercially. At that time the Fianna Fáil Party were advocating, from the Opposition benches, the devaluation of the pound. One of the people most in favour of this was the Minister for Lands, Deputy Moran. We should like to know from the Minister whether or not this matter is under consideration. If it is not, he has a duty to the people to give a categorical assurance at present that the pound will not be devalued in any circumstances whatsoever. That is fundamental so far as my Party are concerned. We, and the people, would like to be assured that the Government hold the same view, that the pound should remain sacrosanct and should not in any circumstances be devalued.

The retrospective provisions in respect of estate duty are of considerable concern. It is beyond me why the Minister is proposing to increase from three years to five years the period within which gifts made before death can be caught for estate duty purposes. Does the Minister believe that our capacity for premonition is improving and that people are now able to forecast up to five years before death when they are likely to die? A gift made within three years of death is what is known to the lawyers as donatio mortis causa or a gift made in anticipation or in consideration of death. Now, apparently, any man who in his wisdom or in the exercise of his paternal duties, makes a gift of portion of his property to establish a son or daughter or some other relative or friend in life will be penalised if he does not exercise that particular function within five years of death. It seems entirely wrong to penalise people who are unable to have a better premonition of death and are unable to anticipate death by more than five years.

Deputy Lenihan spoke of the particular position in which certain reliefs will be allowed if a person buys land and resells it after three years and a day, but if he sells it after two years 11 months and 29 days, the same facilities will not be available to him. One can certainly see his difficulty and sympathise with him but we ought also to understand the Minister's problem, the problem of anybody levying tax. A line must be drawn somewhere and anybody who comes on the wrong side of the line always has a certain feeling of bad luck. It will certainly be very hard luck on relatives of deceased persons if the provision made for them in life is not made within five years of the death of the person who makes it.

I have always felt that even the three-year limit was a very short one and that the proper and fair system would be not to make gifts of any kind liable to estate duty, unless it could be established that at the time of making the gift the person was in a position to know, by reason of his health condition or otherwise, that he was likely to die within a certain period, but I suppose the difficulty of proving this would justify having some artificial period of limitation applied. The period of three years has in the past worked satisfactorily enough and the State, I think, has not lost a great deal by not having that period extended to five years. I urgently beg the Minister to reconsider the matter and not to extend this period to five years.

I think the vital statistics will show that the sudden death rate is increasing rather than reducing and it would therefore be fair to think that rather than having an improved premonition of death, the position is the other way about. The Lord said He would come like a thief in the night when least expected; the Revenue Commissioners feel, apparently, that is not applicable to present circumstances and that five years notice is available to anybody with property, and if they do not anticipate before that five year period, they or their relatives ought to be punished accordingly. It is a deplorable trend to have in our tax laws.

What will be the effect of this, apart from the penalty it will impose on families who may have to pay estate duty in future who have not had to pay it in the past? It will encourage more money to go out of the country or discourage money coming into it. There are a number of islands not too far away from us which have found immense prosperity as a result of efforts of people to avoid estate duty. I refer to the Isle of Man and the Channel Islands because wealth has come to them because people with property, anxious to avoid the stranglehold which the British and other administrations may impose on the family fortunes, have gone to live there. If we now imitate what Britain did 20 years ago, we must expect a situation similar to that which arose in Britain at that time: we shall have a drift of money away from this country.

There is one activity at present which works to the advantage of people, that is, that they can make deposits in Irish banks in the North of Ireland and against such credit balances in the North they are able to obtain overdrafts down here and so far as our Revenue Commissioners are concerned, they are able to appear to be in debt. I believe the effect this new and extended estate duty will have is that people will start depositing money abroad in the Channel Islands and elsewhere and the serious reduction in bank deposits here will be multiplied. When I speak of a reduction in bank deposits, I speak relatively, not about the number of bank deposits which appears to have increased, but in regard to the value of money, our bank deposits are in fact dropping.

The 1963 Finance Act had a section in it which we were told was designed to capture tax evaders and it appears to be socially defensible because it seemed equitable that one section of the community should not be obliged to pay tax which others were able to evade. But the operation of that particular section, which compelled people to disclose bank deposits, worked to the detriment of this country and our financial standing because it caused a drift of bank deposits from Irish banks to safe places abroad, and whatever marginal advantages may have been gained by collecting a certain amount of additional revenue from bank deposits which previously escaped, I think it is fair to assume that greater damage was done to the economy and the financial standing of our banks by urging people who wished to continue their tax avoidance operations to take their money elsewhere.

I asked the Minister within the last week if he would state the value of the reduction in bank deposits as a result of the 1963 Finance Act. The Minister said that he had not any information on that matter. I do not think any Member of the House is so naive as to accept that the Minister for Finance in any Government or the Revenue Commissioners proposing a new tax measure by way of relief or by way of levy would do so without making an estimate of the financial cost involved. I am satisfied that the Minister and his advisers have in mind a figure of the enormity of the drift in bank deposits as a result of the 1963 Finance Act. I urge them to reconsider these new moves in relation to estate duty and having been bitten by the injudicious step they took in relation to bank deposits in the 1963 Finance Act, to think twice about trying to capture other tax evaders by this extension of the estate duty period to five years.

I know that all of us feel better morally if we participate in legislation to capture tax evaders. We feel it is entirely justified and that we can thump our chests and say that we are capturing the wrongdoers, that the fair thing is to make everybody pay and not allow anybody to avail of any loophole in the law. We must also consider whether or not, in so doing, we shall ultimately do greater harm. I think in fact what we are doing in this kind of legislation is producing a sledge hammer to break a walnut and the result will be that we shall also break the concrete underneath and we shall not be able to patch it up again. I ask the Minister to look into this matter further.

We in Fine Gael are very disappointed that the Minister, like his predecessor, has not yet conceded that income tax should not be levied on people, portion of whose income is frozen for the payment of necessary medical bills. For a number of years, we have tabled an amendment to the Finance Bill asking that a tax allowance be made to persons suffering from medical deficiency which required constant medical attention and drugs and medicines. We have qualified our amendment by saying that this exemption should not be available to people who could have insured under the Voluntary Health Insurance Scheme or other similar insurance scheme and failed to do so but there are people who are precluded from the Voluntary Health Insurance Scheme by reason of suffering from some chronic disease or by reason of at the time of application suffering from a particular health deficiency which is regarded as likely to throw an additional and unusual burden on the finances of the Voluntary Health Insurance Board. We think that these people, having in fact no discretion in the manner in which they use portion of their income because it is frozen for health purposes, should not have income tax charged against that portion of their income or expenditure. We have to point to countries abroad that have accepted this principle and we are extremely sorry that the Minister had not yet seen his way to introduce such a scheme here.

We do not believe it would cost a great deal. Indeed, I am satisfied that the Revenue Commissioners ought to see that in obtaining evidence of the medical and other services paid for by an applicant they would have access to information about the incomes of other people which they have not got at the present time and it could well be that the introduction of such an equitable tax allowance scheme would work to the ultimate substantial advantage of the Exchequer.

The problem of people who make contributions towards pension schemes is one which also deserves to be examined by the Minister. Sometimes cases occur in which people are employed in a company on a particular pension scheme and then they are promoted and by reason of their promotion the contributions which they make to the pension scheme are increased and, likewise, the pensions to which they ultimately become entitled also increase. Sometimes the age at which a person obtains promotion is such that he is unable to make sufficient contributions at the higher rate to become entitled to the higher pension on retirement unless—and this is a matter to which I wish to direct the Minister's attention—he makes a retrospective pension contribution to qualify him for that pension.

If I can illustrate it by an example: It may require contributions for 20 years to a particular pension scheme to qualify for a pension at the particular rate and if the age of retirement in a firm is 65 and a man is not promoted to the rank associated with that pension until he is 50, in order to qualify for the pension related to the rank to which he is promoted, he has to make contributions in respect of the previous five years in one lump sum. Had he, in fact, been promoted at the age of 45 and paid his contributions year by year to the superannuation scheme, he would have received tax allowances against contributions made by him but when he makes one lump sum contribution in respect of the period he is not permitted any tax allowance in respect of that contribution. Thus it is that a man is penalised substantially by the Exchequer because he makes proper provision for his retirement years hence and because he has been unlucky in not being promoted sufficiently in advance of retirement, he is further penalised by having to forfeit the tax allowances which would have been available to him if he had been promoted and was earning a higher salary at an earlier period. This seems to be entirely inequitable and I doubt if it would cost the Exchequer anything really worth while to provide this entirely justifiable relief.

The scope of the Finance Bill is extensive and I have no wish to delay the House in discussing it at any great length. We have indicated from the Fine Gael side our dissatisfaction with certain trends in this Finance Bill and there are other aspects of it which we think can be dealt with very appropriately by detailed amendments on Committee Stage. We would hope that when that Stage is reached the Minister may be in a more receptive mood in order that the Finance Bill will have some humanity in it which it has not got now.

As I said, our principal disappointment with the Bill is that it has not provided the nation with the leadership which it is entitled to expect from a Government which sought and obtained the confidence of the electorate on the slogan, "Let Lemass lead on". The position which the Taoiseach now holds, leading troops from the rear, is an unworthy one and the Minister for Finance and his companions in the Government, all the officers in the battalion, are all leading the country from the rear. We do not think that a Government who sought and obtained the confidence of the electorate on a slogan of leading the country are entitled to behave like the Duke of Plaza Toro. If the Government do not tackle the problems facing the country with courage and, if need be, risk the unpopularity which may flow to them, the consequences for this country and for our community will be appalling and almost beyond comprehension.

I want to refer to the last speaker. The one thing that we on this side of the House have done is that we have faced the position as we found it. We have never shirked our responsibilities as far as the financial position of the country is concerned. We never left office leaving an unbalanced Budget. We never decided to let things drift.

The Minister for Finance at the moment has a very tough job because his own colleagues as well as Deputies from the other side of the House want more and more from him all the time, without giving him a chance to tax anything.

He has taxed everything.

Deputies want to have the right to protect the interests of the people who have trusted us over the years. For that reason I want to make a few comments here. The Minister has a very good concession for us in section 18, for which I take this opportunity of thanking him. He has taken the discretionary powers out of section 18. I welcome that. I believe that anything which is necessary for the guidance of the Revenue Commissioners should be law and not discretionary. While as public men we often have to appeal to them and ask them to go easy on a particular case, that is democracy in action. I want to defend that right. We or anybody else should have the right to appeal to anybody. Any citizen should have the right to come to a Deputy, no matter what his circumstances are, whether he is a civil servant, a garda or anybody else. I believe in that right. That is a right I hope to defend. No matter who wishes to come to a Deputy to make representations to him to go to the Revenue Commissioners or to anybody else, that is our right and we should maintain it.

A new principle.

Canvassing is disallowed.

I bow to a superior ruling but I thank the Deputy for his help. The Minister has recently taken over the Department of Finance. In my estimation he is making a very good job of it but there are a few things I want to raise with him. I am against retrospective legislation of any kind.

You voted for it on the corporation profits tax.

I am against retrospective legislation. I feel that it is bad.

The Deputy——

If Deputy Ryan will allow me to develop my point, I will give him all the assistance possible when he gets up.

We will graciously allow the Deputy.

Retrospective legislation of any kind is bad. Even if retrospective legislation is introduced to help a section of our people and the period of retrospection is one year, there will be deputations of people who will want the period two years or three years, and the pressure groups will descend on every Deputy. The only way to keep a democracy completely independent is to avoid retrospective legislation altogether.

I realise the Minister's predicament. More money is required for various services, higher social welfare benefits and so on. I might appear to be unfair to a colleague but he understands my position. There is enough democracy in our Party to ensure that we can discuss in this House as well as at our private Party meetings what we feel we have a right to discuss on behalf of the citizens. I believe the change from three to five years under this measure will not help us. I have often felt that, having regard to the amount of money collected in death duties and the amount that could be gained by encouraging more people from outside to invest money here, it might be of greater advantage to abolish death duties altogether.

We are a young country. We are old in years but young in parliamentary procedure and in our efforts to develop the nation's resources, and that cannot be done without money. We on this side of the House have succeeded in bringing the country a long way towards the prosperity we hoped for and we expect to bring it further. I have great sympathy with the Minister in the task he has before him. If I were down there, I would possibly be doing the same thing, and I might be even tougher. I would have to ask my financial advisers in the Department of Finance and the Revenue Commissioners to devise methods of getting more and more money for all the services that required it.

I shall deal with section 23 on the Committee Stage of the Bill. I do not wish to detain the House but let me say again that while the Minister has met us on section 18, for which we are very grateful, I hope he will also meet us in regard to this matter of retrospective legislation. The amount of good it will do will be outweighed by the amount of ill-will it will create and it will discourage many people from abroad from coming here and investing their money.

I want to dwell not on the Committee Stage features of this Bill but on the underlying situation which has given rise to this Finance Bill and the economic state of the country which is the context in which this Finance Bill is brought before the House. How many Deputies realise that in the 12 months ending in the month of May the adverse balance of trade in this country is £150 million and the adverse trade balance is steadily rising? That rise was characterised recently by the decline in our exports and the rise in our imports. How many Deputies realise that the cost of living has risen, to a base in 1947 of 100, by 42 points since 1957, that is, more than 30 per cent?

I want to put this simple proposition to Dáil Éireann. I have drawn their attention to it last February on the Vote on Account and I have drawn their attention to it again on the occasion of the Budget debate on the Financial Resolution. If we are to have a steadily increasing adverse trade balance, if we are to have a steadily rising cost of living, if we are to have a steady increase in our adverse balance of payments, the consequences for this country are as inevitable as tomorrow's dawning. It means economic catastrophe for this country and it can only end in either of two consequences: either a ruthless and ferocious operation of a stop-go policy, or else devaluation of the currency. If this Government are driven into a ruthless effort to bring under control the dialectic for which they themselves are responsible, it is important to understand what a stop-go policy means here. It means mass emigration. Since the election we have seen one factory after another closing down: Holdens on the Long Mile closed; GEC in Dundalk closed; the Sykes enterprise in west Cork which contemplated the expenditure of £2,500,000 abandoned; and another factory closed at Shannon.

That trend is developing but these may be fortuitous developments. However, if on top of that, the present credit squeeze is intensified—and remember it has only just begun to operate—we will not have the manifestation that is seen in the United States of America and Great Britain from remedial measures of that kind, that is, mass unemployment, because the unemployed would simply take the boat and clear away out of the country. In the past ten years, we have lost 250,000 young men and women between the ages of 18 and 30 years of age. That was taken out of the productive element of our population. If in the next five years a corresponding efflux of young people takes place, this country is no longer viable. We shall be a nation of old people and children wholly unable to bear the burden of the social services without which we consider a civilised society cannot long survive.

What appals me is to see here in Oireachtas Éireann, apparently, complete indifference to this whole situation. When I hear my old friend, Deputy Burke, bleating blandly about his detestation of retrospective legislation, I remember him galloping into the Lobby like an antelope to vote for the first retrospective legislation that was given effect to in this country which was based upon corporation profits tax. Why? Because the wily old Deputy Burke said that only a few people were paying corporation profits tax, and that the retrospective legislation in respect to corporation profits tax was designed to give pensions to the poor. "The companies that pay corporation profits tax cannot put any fire to my tail," said Deputy Burke, and off he galloped into the Lobby. Now he is wringing his hands and wailing because the Minister for Finance is seeking to rest upon that precedent and introduce retrospective legislation in respect of death duties.

If Deputy Burke is not aware of his own record, he had better polish up his conscience, and try to follow up the source of the proposition which the Minister dropped like a hot brick, because many people are affected by the proposal for retrospective legislation in regard to death and succession duties. Deputy Burke should remember that when he galloped into the Lobby and voted for retrospective legislation in respect of corporation profits tax, he endorsed the precedent which the Minister seeks to use in the context of the present Finance Bill. It is a bad precedent. It is a bad system. I agree with Deputy Burke that retrospective legislation is inherently bad, and when we warned the House of the danger associated with it, Deputy Burke did not understand.

It astonishes me the way members of Deputy Burke's Party can delude themselves. Deputy Burke blandly and weepingly describes his heartfelt sympathy for his poor colleague, the Minister for Finance, because, he says: "We in the Fianna Fáil Party ask for money for everything and we will not agree to tax anything." He should remember that his Party were the first Party in the history of the State to tax everything. His Party have the distinguished record of being the first Government in the history of Ireland—and I include Oliver Cromwell and all the British Governments that followed—to tax food, fuel, clothing and everything else purchased by the poorest of the poor in this country. Yet Deputy Burke says that Fianna Fáil will not agree to tax anything.

I am delighted I was able to help the Deputy. I gave him a few inspirations.

No, no. The Deputy is a decent kind of man and what appals me is that these men manage to delude themselves. That would be bad enough but what is really disastrous is that they have succeeded in deluding 49 per cent of our people. Providentially, they have not secured a majority— they are a minority Government—but they have succeeded in getting 49 per cent of our people to vote for them, although their Government are the first Government in the history of Ireland, foreign or native, which taxed the essentials: food, fuel and clothing.

However, I do not want to be diverted from the fundamental proposition. We have an adverse trade balance today which is higher than it ever was since this State was founded. We have a higher cost of living than ever rested on our people in recorded history. We have a rising adverse balance of payments, and that adverse balance of payments would be far more dramatic but for the fact we are selling the country piecemeal to foreigners. We began by selling land, and now we are selling property. As the city of Dublin falls down around us, we are aware of the fact that large foreign combines are coming in and buying property and buildings and collecting rents which must be paid out of this country. We read in the papers every day of additional takeovers. It is not a question of foreign capital coming in to establish new industries to generate new exports. That would be welcome and desirable. But this is capital which is taking over the distributive trades and services and wiping out the ordinary citizens who were engaged in that business. It will draw profits out of the country in the years that lie ahead.

The influx of capital designed to buy out the country is concealing the true character of the adverse balance of payments which would be a feature of the economic picture but for this progressive sell-out. I said before, and I want to repeat, that if Fianna Fáil continue, we will yet sell out for cash what was purchased with blood. The interesting thing is that if Britain had only twigged on to the fact that we were prepared to sell for cash our economic and ultimately our political sovereignty, they need not have shed all the blood they did in the past seven centuries to keep the country in thrall. If our fathers, our grandfathers and our forefathers had been like us, Britain could have bought them out and they need not have fought at all. It is a queer, queer situation that in 1965 we are selling what seven centuries of our people spent their lives to preserve. That is where we are going. That is where we are going as certainly as the present situation is allowed to continue.

J.M. Keynes is the alibi for political gambling with the nation's finances. We are told it is a most salutary thing to have limited inflation. The simplification of the theory is that when things are booming, the State should reduce its expenditure and when a recession begins to manifest itself, the State should be mobilised to expand Government expenditure even to the extent of deficit budgeting, in order to prevent collapse. The fundamental fact remains—and it is a fact upon which all the neo-Keynesian economists turn their backs—that if you perennially earn £1 and spend a guinea, you will "go bust". That is as true of a nation as it is of the smallest shopkeeper on the roadside of Ireland. The difference is that for the shopkeeper, the businessman or, indeed, the farmer, the consequence is that the bailiff comes in and sells him out, but that is not the consequence for the nation. Lots of people say to themselves: "Ah, what does it matter? They are all doing it." The consequence to the nation is either massive emigration or devaluation.

There are many people, and I believe the Taoiseach is amongst them, who flirt with the idea of devaluation as a good let out to the consequences of his own gambling propensities with the national finances. I want to warn the House that devaluation is the most inequitable and vicious form of capital levy because it bears upon the poor, the wage earner, and the unsophisticated. No sophisticated financier ever lost as a result of devaluation. He can convert his property into gold, diamonds or foreign equities, whatever is most suitable, to avoid the consequences of devaluation. It is the wage-earner, the small person who puts his money into Government loans and the person who keeps his money under the mattress or in a jug on the dresser who is crushed by the consequences of devaluation. You must remember that if in one fell swoop you devalue the currency, you can reduce the wages of everyone in this country by 20 per cent. Then begins the slow painful struggle to get back that purchasing power. That upheaval must operate to the grave detriment of small industrialists and other people.

The Government resolutely fail to face these fundamental questions. There is a most significant proof of that. The Minister for Finance comes in here and makes a speech on the Budget. The Taoiseach comes in here and intervenes in the debate. He speaks about the Common Market, the housing situation and so forth. When he has finished speaking to the House, you are just as wise at the end of his speech as you were at the beginning of it. Then he goes to the Wool Combers luncheon and deals with the financial situation of this country. The Minister for Finance adjourns to Bray and addresses some luncheon or other—I forget which.

It was not a Labour one.

It was some fiesta or something else which he was at. He got up and delivered a long oration on the economic state of the country. As neither of these matters had been touched on by either of these men when speaking in Dáil Éireann, they could not be answered. That is the usual technique of Fianna Fáil Ministers. They turn their backs on Dáil Éireann. They do not do that because they have parliamentary institutions. They do it because they fear them. They make their pronouncements to Wool Combers, Rotarians or anyone else who is prepared to give them a luncheon or dinner.

That is democracy in action.

It is not. Democracy in action is debate in this House. Democracy in action is a declaration by Ministers of a Government of their policy in the presence of representatives of the people so that when their statement is published, it can be accompanied by intelligent comments. It is the very reverse of democracy in action to be afraid to face an Irish Parliament and to run away to a Rotary luncheon in order to state, without comment, what the Minister wishes the public to believe.

Parliament is entitled to hear from the Minister what he proposes to do to meet the situation of an adverse trade balance, which, as far as I can calculate, is £150 million in respect of the 12 months ending May. The figure, as supplied to me by the Central Statistics Office, was that the adverse trade balance for the 12 months ending April is £142,570,000. I think the adverse trade balance for the month of May is about £8 million more, £7 or £8 million more than it was in May of last year. That leads me to believe that the adverse trade balance for the 12 months ending May is over £150 million.

I want to ask the Minister what he proposes to do to meet that situation? I want the Minister and the Government to tell us because it is very important that we should know how far they are determined on the stop-go policy. It is shocking to me to hear the Minister for Finance evasively answer questions about the present credit squeeze in this country. There is a credit squeeze operating at the present time of a more violent and indiscriminate character than at any time in my past experience.

I was speaking recently to a headmaster of a secondary school in a rural town in Ireland. He had received notification from the Department of Education that they would give him a grant of £60,000 to build a new secondary school. He went to the bankers with whom they had been doing business for 100 years. He asked the bankers, if the building proceeded, if they would make available £100,000, £60,000 of which the Government had undertaken to provide by grant and £40,000 of which he was prepared to raise by bazaars. The bank told him they would not give him a shilling. They did not give a hoot what grant he had from the Department of Education. I said to the principal of that school: "Go to another banker and there will be no difficulty there." He said he had done so but he could not get even 6d.

That credit squeeze is hitting children who want secondary education. We are going through the form of saying: "Yes, I agree. Here you have a grant of £60,000 spread over the next ten years. Go and get accommodation from the bank." There is no school because the bank will not advance the money. It may be in three, four or five years time that money will be forthcoming but there are children waiting for secondary education now. There are 120 children waiting for it and they cannot wait three, four or five years because at that time the time available to them to get secondary education will be gone. It may mean very little to the members of Dáil Éireann that 150 children in my constituency will not get secondary education and that they will never get it. It means a lot to me and to those children who are deprived of the means of getting secondary education. That is happening because of the credit squeeze.

I want to remind the House that a lot of people are inclined to say it is only the people who depend on borrowing large sums through the bank who will suffer. I want to warn the House it is never big borrowers who suffer in a credit squeeze. If a person borrows £250,000 the bank will never close on him. They will carry him because if they did not, they would lose their £250,000. It is the person who owes £5,000, £6,000 or £7,000 who is hardest hit. The bank will never be so rough as to send you the bill. They will say: "Do not write any more cheques because they will not be honoured". There are more ways of killing a cat than by choking him with cream. There are more ways of killing a man than by hanging him. If a businessman who has £3,000 worth of bills waiting to be paid and who is waiting to pay them in the spring and carry his customers over to the autumn or Christmas is told in the month of June or July: "No more cheques", he might as well close his shop. It is these small businessmen who are going to meet the consequences of the credit squeeze operating at the present time.

I remember warning this House when the Government embarked on the accursed turnover tax that that tax would operate yet to destroy every small business in rural Ireland. It will, as the chains move in with their supermarkets, and the small businessman, who is not able to collect the turnover tax from his customers, faces that possibility. The small shop is closing down and is being wiped out. The big fellows can grapple with that situation but the small people are being destroyed, and nobody cares. Nobody seems to be conscious of it. I want to warn that you are superimposing now, with that accursed tax, this credit squeeze which will hit the small man again. I shall never forget once listening to a leader of the Fianna Fáil Party standing up in the seat where the Minister now sits and saying: "You cannot have an omelette without breaking an egg". I remember saying to him: "That is a lovely doctrine so long as you are not the egg".

I sometimes look at the Front Bench of Fianna Fáil and ask myself is there a single creature sitting on it who ever employed a man. I do not think there is. Is there a single man sitting there who ever employed a man? It makes me sick sometimes to think of the silent misery being endured by thousands of decent people in this country almost entirely as a consequence of the crazy policies of this Government. They are marching boldly forward. But I demand the Government to tell us where they think they are going, where they plan to go. Do they want to wipe out all the small people in this country? Do they want to export the population or do they intend to devalue the currency? If neither of these is present to their mind, how do they propose to meet the situation where you have an adverse trade balance, an adverse balance of payments and a steadily rising cost of living? We are entitled to know. The suffering is only beginning in this country at the present time. As a result of the credit squeeze, it will go on.

I do not know how far the steps taken, or the consultations which have taken place between the Minister for Local Government and the building societies, will relieve the situation in regard to the building of houses. I have no doubt the credit squeeze is contributing to the difficulty. But I want to warn the House of this. There is not the slightest doubt that a lot of hot money came into this country. It came in, and some of it went to the building societies, some of it to the Stock Exchange and some of it into deposits in the bank. That money came in in anticipation of a Labour Government in Great Britain. I want to issue a solemn warning on that. It is an embarrassing thing to talk about the political situation of another country but we must.

I remember warning the House 18 months ago that the whole economic picture here would change after the general election in Great Britain and after the general election in the United States and I remember warning the House that even in Great Britain they were scraping the bottom of the barrel before the general election and it was the same in America. But as soon as the general elections were over, the British and American Governments began to retrench. We get the back kick here. Now, I want to warn that there is a very real possibility of a change in Government in Great Britain after the next general election which cannot be postponed much beyond next autumn.

Whatever flood of hot money came in here during the past 18 months, it will be nothing compared to the deluge of hot money that will go out if there is a Conservative Government in Great Britain. We have to prepare for that situation. Not all Deputies appreciate that what happens in the United States affects us here. For precisely the same reasons it operates here, where the United States was spending a guinea she was earning only a pound in foreign transactions. America is having to retrench on her external expenditure. There is not a shop in Ireland, whether in Dublin or in rural Ireland, that does not feel the impact of that decision. From the month of May to the month of October in every shop in Ireland the bulk of the trade is tourist trade, from linen to——

Waterford glass.

Waterford glass or knick-knacks of one kind or another which the American tourists bring home to their friends in America. But that all stopped. The American Government by a decision, to which some publicity was given, announced that returning tourists may no longer bring in 100 dollars wholesale, which was their allowance, but that in future the limit of their import in their personal baggage will be 50 dollars worth retail. Some Deputies here will say: "Ah well, damn it, if America are doing this and if Great Britain has to retrench, why do you expect Ireland should not retrench?"

This is the terrible kind of illusion under which we are living. Do not forget the cushion the Government of the United States and the Government of Britain have under them when the time for retrenchment comes. The Government of the United States are spending billions—3.4 billion dollars, not millions, to give away in foreign aid. But that is nothing compared with their annual expenditure on armaments. They are spending about 40 billions on armaments. If the American Government want to contract their outlay, they have the whole of that vast arena of expenditure on which to make retrenchment. If they retrench and are hard-pressed and want to withdrawn from Asia, or want to pull out of some of their foreign commitments overnight, by that economy alone the United States Government could resolve every problem of a financial character with which they are at present confronted.

The Government of the United Kingdom is spending, I think, £100 million per annum on armaments, a great deal of which has been spent east of Suez. In the morning the British Government if they could no longer carry on and their outgoings were excessive, need only close down east of Suez, and that problem is resolved, whatever other problems might be created for them. Yet, if we cut out our defence expenditure, if we cut out the whole Department of Defence in the morning, it would not make any material contribution to the resolving of our problems at all. Our dilemma is that we are modelling our whole economic approach in these affairs on the example of the United States and Great Britain. We are consoling ourselves that if they are experiencing these difficulties, who would blame us for thinking that whatever we have wangled out of, we would wangle out of that, too?

But, with all their vast resources, it is still very doubtful if the £ sterling will not be devalued; and there are many Deputies here who say to themselves: "Surely, if they have to devalue, we will have to devalue." If we devalue because the British devalue, we will simply lose that much of the value of any British securities we hold and we will be in exactly the same position as we were in before, unless we further devalue. Do not be so sure that that is not what is in the Government's mind; if the British devalue by 20 per cent, we may be forced to devalue by 30 per cent; and we will be in the same position as New Zealand and Australia when they devalued vis-à-vis the British £20 years ago. Do not forget what the consequences of that will be for our people.

I am asking the Government, and I think I am entitled to ask, what remedial measures they propose for our situation. I do not want to close on this matter without clearly fixing responsibility for the present situation where that responsibility belongs. Let no one forget that, when this Government introduced their proposal for a turnover tax, that tax was opposed by this side of the House because we said the tax, which represented a burden on everything that everybody has to buy, would detonate a dialectic of inflation in this country, the end of which no living creature could prophesy. I very well remember that we debated that issue in the Dublin North-East by-election, and we defeated the Government. Then came the Cork vacancy and the Government ran away from it. Then came the Kildare vacancy, and it became inevitable they should face the two by-elections.

What course did they pursue? They announced to our people that prosperity was available in such abundance that the time had come to share it out. The Taoiseach, Deputy Lemass, had switched on the green light, whereupon the whole dialectic of inflation began to unroll. Now every sophisticated person knows that in the initial stages of inflation everybody feels grand, everybody has more money in his pocket. The husband is coming home, and his wages have gone up by 12 per cent. Where he was earning £10, he is earning £12. This is lovely and, for the first two, three, or four weeks, they are going to the pictures twice a week instead of once. They are buying toys for the children that they never bought before. But, in the fifth week, somebody has to buy a coat for Mary or for John, and the wife comes home and says: "My God, do you know what the coat cost? Things are getting very dear." A month later she comes home with the grocery bill. She says: "My God, do you know what Mrs. So-and-So asked me for the groceries this week? It is up £2". The husband says: "Sure, it could not be £2. That is all I got in my wages." She says: "It is, and it is going higher". Then the husband discovers his tobacco has gone up and his beer has gone up. Children's clothes have gone up and boots have gone up. He goes down to the trade union, and says: "What about it? I am accustomed to a certain standard of living and you have entered into a National Wage Agreement. What about my status? Those boys are trying to shove me back and I am not going to be shoved back. If the Army get a rise and the Garda get a rise I am entitled to a rise. I am entitled to the same level as the Garda have and, if you cannot get it one way, I am entitled to get it the other way". And everybody says: "Oh, the villains! They are breaking the National Wage Agreement".

But they are not breaking the National Wage Agreement. The Government are robbing them of what they got out of the National Wage Agreement and they are worse off now than they were when the Agreement was made. Whether you call it status or national agreement, or whatever it is, they want to be as well off now as they were before they embarked on this adventure. What they do not know, of course, is that they are caught in the spiral of inflation; and it is the little man who suffers then. Catch the big boys! They did not leave their money in preference shares or shovel their money into fixed interest Government securities. They did not lend their money to the building societies. Not on your boots! They bought ordinary shares or they bought land. They bought the kind of things that do not stand still while the butcher's bill and the grocer's bill went up, and the children's clothes went up, and everything else went up. They bought the things that keep rising as the cost of living rises and they smiled at the poor fellows having the 12 per cent who thought Utopia had arrived.

Here was a Prime Minister who turned on the green light and there was £2 more in everybody's pocket following the Agreement. I can remember the soldiers on the Curragh during that by-election in Kildare. They were delighted. They had got their 12 per cent and back pay for six weeks, and they were all going around, saying: "Vote for Norton? Lemass is a bloody miracle. He is shovelling it out with a shovel". Where are they now?

What maddens me is that these are decent fellows who do not understand what hit them. They do not realise the confidence trick that has been played upon them. But what is infinitely worse is the cost to the country. Who is to be blamed when the people are walking to and from work in the rain because there is a breakdown in transport services? Blame the busmen. When there is a strike of the gravediggers, the blame is on the gravediggers. Of course, the real reason is that all these people have been caught in this detestable spiral of inflation which will destroy us all if it is allowed to continue and which will tear our society ultimately into tatters. It will set one section of our people against the other in strife and contention, the end of which I find it hard to envisage.

Now, I want to say that one of the advantages of retiring from the leadership of a Party is that one can sometimes say things that are unpopular, things one would not dare to say when one is responsible and speaking on behalf of a Party. The desolation that all this horrible dialectic has brought upon us is soul-sickening. We have created a situation in which a man, who is going to bury his mother, says to his neighbours: "You go and bury my mother. I could not pass the picket". That has happened in Dublin.

Values have got so completely upside-down that society is beginning to show all the symptoms of breakdown. I want to fix responsibility. I fix it on the Government who deceived the people. I fix it on the Government who said the green light was on; shovel out the money. I fix it on the Government who said to the working people of this country: "Do not believe those who talk to you about the consequences of inflation. All that this means is that you will get more, more than you ever had before". But they did not say more money that will buy less, and all the industrial strife, all the industrial upheaval, all the complications that at present beset us are due to the gamblers' Government, who are determined to take a chance——

Hear, hear.

——on gambling with the economic life of our country in order to win votes. A lot of good the votes may do them. They were bought by fraud. The tragedy is that the payment for that detestable fraud will ultimately have to be made by our people. It will not be by the sophisticated elements in our society. It will be by the people whose interests we are supposed to belong to this House to defend and protect.

How long can we go on that road? I do not think very long. The further we travel on it, the greater the velocity of our progress towards catastrophe is going to become. I know Deputies all around this House recoil from facing problems of this kind because they do not know what the answer is. They do not know how to grapple with them. I sympathise. Their problem is one of great difficulty. A lot of people will say at this moment: "Did we not have a great time anyway for the past 18 months?" Yes, there were all the characteristics of spurious prosperity that the initial stages of inflation always bring with them.

Think of where we would stand if this crisis development had not taken place. If we were not now in the situation that we had this vast adverse trade balance, balance of payments and the rising cost of living, if we had stability and could look to our right and left, to the United States and Great Britain in the throes of grave economic difficulties, and feel we had room for manoeuvre to insulate our people against the kind of catastrophe that will be brewing abroad, how much better off we would be.

I do not believe in looking to history too much except for the lessons you can learn from it. I remember 1928; I remember 1930; I remember 1931. I remember working in the United States as a boy when you could throw up your job, walk down a block and get another job. I remember going back in 1929 and 1930 and seeing men singing on the street corners "Brother, can you spare me a dime". I can remember that here in Ireland we were practically untouched by that convulsion. Great Britain had, I think, at one stage 3½ million unemployed. The United States had ten million unemployed. Those were the days before Roosevelt when there were no social services in the United States. If you were unemployed, you went out with a can and begged in the street. I saw growing men with a handful of apples held out asking for anyone to buy them for a nickel. Ireland, because we had what was then regarded as the conservative administration of Mr. Cosgrave—the father of the present Leader of the Fine Gael Party—sailed through that period, when the whole world was shaken to its foundations, in relative stability.

How happy this country would be to-day if it had the same margin for manoeuvre Ireland had then. But we have not. Perhaps there is no use crying over it, but the fact that we have not imposes on the Government the duty and obligation not only of looking pitiably in the eyes of Deputy Burke. His heart bleeds when he looks down at his own Minister and sees him in such a quandary and with such little help from his colleagues when he faces what appear to be insoluble problems with no answers. But that is not enough. He is not enough. He is not there by chance. He is there because he wanted to get there, and I say that in praise of him. I admire a man who aspires to the first place in public life. But aspiration to honour in public life is not enough; one must be ready to discharge the duties of the office to which one has aspired.

The present Minister for Finance is a member of an administration led by a gambler. He has gambled with the lives of our people. He claims the right to lead and has got an authority from 49 per cent of our people to lead. I want to ask him now the question he will not answer in Dáil Éireann. Where does he propose to lead the country? I am not asking him to tell the Wolf Cubs or the Boy Scouts or any other banquet, dinner or dog fight to which he may be summoned. I am asking him to come into Dáil Éireann and render an account of his stewardship here. He is the master of the situation. The Minister is merely his instrument.

The dilemma in which the Minister finds himself to-day was created when, to purchase votes in Cork and Kildare, the Taoiseach turned on the green light and said: "There is abundance for all; let us share it out and share it out." But the people who got it are beginning to discover that, like so much else that came from Fianna Fáil, it is phony and false, leather and prunella, tinsel that glittered like gold but tarnished in the light of the morrow. Let them take off their leather and prunella and their tinsel and tell our people in this Parliament where they are going to lead them, where they think they are going, how they are going to control the adverse balance of payments, the adverse balance of trade and the cost of living that is eating away not only the economic and social foundations of this country but—let no one forget this—eating away the foundations of the political stability of this country.

I hope I will not be a member of an Irish Parliament if that Parliament is one that will go down in history as the Parliament that sold for cash what was purchased with blood. The members of the Irish Parliament who sold this country into the Union have gone down in infamy for the corruption. But they at least got paid for it. If through sheer incompetency and ineptitude, we participate a corresponding catastrophe in our time, people will have it to say of us that we were not even paid for our perfidy but that we stumbled into it because we were blind.

(South Tipperary): Trying to read through this Finance Bill, I feel I am compelled to join with Deputy Corish in expressing a protest against the complicated legal jargon which seems to be becoming more and more a feature of legislation introduced into this House. This is essentially an assembly of laymen. Without a training in economics and without a training in law, we have to try, to the best of our endeavour, to pass judgement on various aspects of legislation produced to this House. I think, therefore, it is incumbent on any Government to see that legislation coming before the House is couched, in so far as it may be, in language which the ordinary layman, composing 90 per cent of the Members, can understand.

I am a medical man. We have our own jargon. We have occasionally to deal with lay people, particularly as regards court proceedings where we meet the people of the law. But we are instructed, all through our medical training, that, on such occasions, we are to exercise the greatest care in the use of language and to use words which not alone the lawyers but the people of the jury, who have to adjudicate on a case, will understand. I would plead, therefore, that a similar attempt be made here as regards the production and the preparation of legal measures by the parliamentary draftsman. We are not the only sufferers. The same obtains in Great Britain.

We are all acquainted that recently, under the Finance Bill going through the British House of Commons, the leading economists and leading legal advisers were unable to interpret many of the sections. Even the highly-skilled commentators writing for the Stock Exchange journals admitted that they were unable to interpret many sections of the Bill and repeated attempts were made to get the Chancellor of the Exchequer to give an interpretation of some of the sections.

We have also developed here an unfortunate practice of copying legislation from Great Britain. Speaking here yesterday, Deputy T.F. O'Higgins dealt with that. Sometimes the legislation is copied without taking proper cognisance of the circumstances operating here. I feel quite sure that if the present Minister for Finance is with us this time 12 months, and introduces the 1966 Finance Bill, he will be able to produce just as incomprehensible a measure as Mr. Callahan is doing at the present time in Great Britain because I am quite sure a lot of the sections will be copied directly from the British Finance Act of 1965.

There is little I can say about this particular Finance Bill which I think has not adequately been covered already. Therefore, I do not feel I should indulge in a repetition of the points raised by previous speakers except to endorse what has been mentioned not only on this side of the House but particularly by Deputy P.J. Lenihan and Deputy Burke on the far side, namely, the general antipathy of members here towards retrospective legislation. When this Financial Resolution was first introduced here, I must admit for myself, and I think it applies also to all members on this side of the House and probably on the other side, too, that the full implications of Financial Resolution No. 18 escaped us. I must pay my due meed of thanks to our national newspapers, to the Irish Independent and to the Irish Times, and to the chambers of commerce up and down the country who immediately saw the full significance——

Deputy O'Higgins was gracious enough to include the Sunday Press in the tributes.

(South Tipperary): I am speaking about the ones I have read.

The Deputy does not read the Sunday Press?

(South Tipperary): I have not read the Sunday Press. It may have been in it—I could not say. If it was in it, by all means I extend my thanks to them also. However, I am speaking about the ones I have seen, the Irish Times and the Irish Independent, who drew attention to the extravagant demands which the Revenue authorities had written in here under the hand of the Minister for Finance.

It would appear that legislative and judicial powers were being added in a retrospective fashion to the administrative powers of the Revenue authorities, extending the existing period from three to five years, and that it was calculated to render relatively void dispositions already made.

I am glad that this section 18 appears to have been modified. As far as I could understand it, it would appear that the discretionary powers of the Commissioners could determine in 1965 that an estate should be penalised and fined for an act which was perfectly legal in 1961; that was to be decided entirely at the discretion of the Revenue Commissioners. To quote from subsection (c) of Resolution No. 18:

.... not withstanding the manner in which the disposition was made or transaction effected, to have regard only to the consequences of such disposition or transaction in relation to the passing of property on death....

If ever dictatorial power were sought by a bureaucratic machine, this surely was it. Therefore, it was no wonder indeed that such an outcry was raised all over the country against this demand. It raises the question of how this Financial Resolution found its way on to this paper.

Presumably, these Resolutions are submitted to the Minister for Finance. The Minister has been a practising barrister, a skilled man of the law who is reasonably familiar with this type of legislation. Yet he saw fit to allow Financial Resolution No. 18 to be submitted to the House with the Budget. Having seen fit to allow it to be introduced—that was somewhat reprehensible—he made very little practical reference to it in his Budget speech. Had he thought this was a reasonable authority to give to the Revenue Commissioners, and being cognisant of the fact that it was a fundamental departure in thinking on the matter, surely he should have adverted to it in firm terms in his Budget speech?

I suggest he should have told the House: "Look here; this is a departure; this is laying it on pretty thickly, but in the interests of the nation's economy and in order to prevent these tax escapes, it is desirable to introduce it. I regret having to do it; I regret having to invest the Revenue Commissioners with these extra powers, but it is in the interests of the country". Had he brought it in that manner he would at least have been candid, but he glossed over it so well that none of us spotted its true significance. I admit, not being a person trained at first glance to interpret legal jargon, that its full significance escaped me. It also escaped people trained in the law. Therefore, the Minister should have given greater emphasis to this in his Budget speech if he wanted to take the House into his confidence.

However, the provision appears to have been modified since the Budget. The discretionary element which it was suggested the Revenue Commissioners should have seems to have been modified. The retrospective element will apply only to those who die after the passing of the Act. There is also an appeal permitted to the Circuit Court, and to the High Court in some cases, on questions of tax relief.

I feel sure the Minister is quite familiar with appeal procedure to Circuit Court judges and to the High Court on questions of revenue. I understand the law is that a person can appeal from the Circuit Court to the High Court only on a question of law but a person can appeal from the income tax inspector to the Commissioners and from them to a Circuit Court judge in a matter involving income tax. I wish to draw the attention of the House—the Minister will know how this operates—to the fact that ordinary appeals differ very much from income tax appeals. The payer of income tax must produce all the evidence on which he is to be adjudged before he begins. He has to prove his innocence which is the reverse of the ordinary rule of law.

The inspector of taxes is not required to produce evidence. He merely submits an arbitrary estimate. Ordinary appeals are heard during ordinary Circuit Court sessions. What usually happens in the matter of income tax appeals is that the judge tries to arrange half an hour or an hour in between his ordinary court hearings. The income tax appeals are heard in a back-room, in camera. This is an unsatisfactory arrangement in so far as the judge is merely trying to sandwich these appeals between the ordinary work of the court.

When he goes into this hearing in camera, the income tax inspector may not be put on oath but the taxpayer may be put on oath. The judge has to listen to evidence produced on the one hand, by an expert, the income tax inspector, and on the other, by the taxpayer. One great difficulty here is that the judge is not an auditor. He may understand law and he is there to judge on law, but in the case of income tax appeals, he is given evidence by both the inspector and by the taxpayer, who is supposed to produce a statement.

The unfortunate judge, in the few minutes at his disposal, must decide a question involving perhaps thousands of pounds. He may have a balance sheet before him which he may not be qualified to interpret. Should it not be possible to provide some kind of assessor, some advisory service to help a judge in these circumstances? In ordinary court hearings it has been the practice to provide medical assessors to advise judges in cases where there are conflicts of medical evidence. Surely a case could be made for supplying a Circuit Court judge with the advice of an accountant or an auditor in income tax appeals?

The role of the taxpayer in these appeals is always difficult. Even if he has the assistance of an auditor or accountant, the taxpayer may find the auditor or accountant is not capable of presenting his case in the same way as the inspector who has more experience and more confidence in handling these cases. It is for those reasons that I make this submission to the Minister. I have tried to point out the limitations of this appeal procedure, in which the dice is heavily loaded against the taxpayer.

The question of stamp duties was mentioned by Deputy Ryan and I support him in his suggestion that this duty should be removed for people who want to buy their own houses. I would ask the Minister to consider this and bring our practice into line with the practice obtaining in the North of Ireland, Great Britain and Scotland. Representations have already been made to the Minister on this matter and it was pointed out that in the six northern counties of Ireland and in England and Scotland no stamp duty is payable by people purchasing their own homes up to a price range of £4,500. Deputy Ryan tabled a question, and I have a similar question, to find out how much it would cost the Exchequer if we abolished stamp duties on houses up to £5,000. If we accept the principle, as we all do, that it is very desirable that every man should own his own house, and if we are prepared to give grants or loans for repairs, and are advocating that these should be increased, it seems ridiculous to be giving money out with one hand and taking it back with the other. I understand that the abolition of stamp duties would cost somewhere around £250,000 but the Minister probably has the figures and whether or not he can tell us what it would cost to abolish the duty up to a certain level, he at least will have figures available to him giving the total for stamp duty.

I notice that turnover tax is again receiving attention. The explanatory memorandum issued with the Bill states in Part VI in regard to section 34 (b) that:

Persons dealing mainly in goods obtained from untaxed sources are at present allowed to remain outside the scope of the tax, provided that their sales do not exceed a limit of £250 a month. Persons providing services have an exemption limit of £100 a month only. With effect from 1 August, 1965, there will be a common exemption limit of £150 a month for both these categories.

That may be tidy administration but it would seem that a certain limited category of people will now be paying a little more on turnover tax. The Minister now has had experience of how turnover tax works in practice and I would ask him to have another look at the matter of the application of turnover tax at source. During the election campaign I, like every other Deputy, had occasion to visit small shopkeepers' premises and a common complaint I found among the very small shopkeepers was that they just could not apply turnover tax.

On certain small items they were paying turnover tax but they were not collecting the tax, and they claimed they could not collect it. It was administratively impossible to put it on small items, or if they did, they had to put on substantially more than the 2½ per cent, which would make it one penny, in order to avoid having to deal in fractions and then they were not competitive as regards the great combine stores. These people were very vocal in their complaints about turnover tax on the basis that they were unable to collect it and had to pay it themselves. In certain larger stores which would have first-class book-keeping facilities the complaint —one that we are all aware of—was that they had the extra expense and the trouble of keeping the accounts which turnover tax involved.

There is a third objection which is inherent in the question of exemptions and this perhaps is more difficult to get over. It is the question of certain goods being sold to one person, no turnover tax being payable and of the same goods being sold to somebody else and turnover tax being payable. Take a simple example. If a person goes into a chemist shop and asks for an antibiotic which he says he wants for his dog, he does not have to pay turnover tax, but if he wants the same antibiotic for his child, he must pay turnover tax. There is a difficulty there and there is probably even room for irregular procedures developing whereby dogs would be getting all the penicillin and babies very little. The same applies to cement sold to a manufacturer, which attracts turnover tax, but if it is sold to a farmer for the purpose of doing something to his outhouse or something like that, there is no turnover tax. Again, you have the same difficulties and the same danger of irregularities.

These are the three difficulties I see in the operation of the turnover tax as at present applied at retail level. I know that the Minister will say that the objection to its applying at wholesale level was the question of adding on and that the turnover tax would be added at each resale level and be used as an instrument of profit. At all events, I would ask him to have another look at it. I cannot give the exact figures now but I was familiar with them when we were debating the turnover tax, but applying it at the manufacturing or primary distribution level would mean the examination and inspection of a very limited number of establishments and would mean a limited amount of work devoted to the book-keeping associated with the tax, whereas when it is applied at retail level, the amount of work is increased tenfold.

Later on, as will undoubtedly happen when the Government feel that the people have become accustomed and conditioned to the turnover tax, we shall have more extreme inspection of its operation. Are we going to have hosts of inspectors employed on rather non-productive work, running up and down the country checking and counter-checking? I ask the Minister to have another look at the question of the application of the turnover tax at the primary distribution level. Whatever objections we had, and still have, to the turnover tax, we must, it would appear, largely come to terms with it, but, having gone so far, I think we should try to make it as operatively convenient and reasonable as possible. On that basis I ask the Minister to reconsider its present administration.

I ask him to give us a simple, unequivocal statement of Government policy as regards death duties. It is an important matter and there seems to be a cleavage of opinion. We are arguing here about the details of death duties as adumbrated in this Finance Bill, largely technical points, but what I think is even more important is the question of general policy on death duties. It appears from the ferocity— if I may use that word—with which the Minister approached the death duty problem that he is determined to increase death duties and that that is his accepted policy. There is a substantial body of opinion which favours the gradual reduction of death duties. All Deputies, I presume, will have received a copy of a submission made by the Association of Chambers of Commerce of Ireland to the Minister for Finance in respect of Financial Resolution No. 18. Although that Resolution is now modified, the general purpose of their submission is still applicable. Part of that submission read:

Furthermore the Association views with dismay the retrograde step being contemplated in broadening the scope of Estate Duty. Many persons have come to Ireland over the past twenty years, induced to a large extent by the less unfavourable climate of tax legislation. Their arrival here has improved our Balance of Payments both on current and on capital account. The Association is aware of many other persons who would come to this country if the incidence of Estate Duty were to remain unchanged or if it were reduced.

The present proposals regarding gifts inter vivos, trust companies and discretionary trusts will cancel out any tax advantage vis-á-vis other countries and may well lead to an exodus of capital and income which at this juncture would be most untimely.

That is a submission by a body with a very fundamental interest in our national economic welfare and a submission to which we must all give particular attention in view of its source. I should like the Minister to say if he has discussed this policy question on death duties with his advisers, not alone from his own Department but with any other advisers he may have.

I saw a statement in the papers in which he said he rather felt that the abolition of death duties would not give us this capital inflow of a permanent nature which some people maintain would result. I cannot answer these questions. It was once stated here, for instance, that if the bank rate were adjusted in England, we had to make a corresponding adjustment here. That was a doctrine subscribed to by the bankers and in fact it proved to be untrue and the general outflow of capital that might have resulted from changing bank rates which did not remain parallel, did not occur. Possibly some people with large deposits may have transferred funds, but in practice, apparently, the average man did not rush his capital out of the country because our bank rate did not continue in parallel with the bank rate in Britain. Therefore, I do not know if anybody is in a position to give a categorical answer as to what the ultimate effect would be on our economy of the progressive reduction and abolition of death duties. It appears that the Minister has taken a decision on the matter and I am asking him to state simply and categorically if, in fact, the Government have decided to press death duties to the limit or have they given due consideration to a policy of progressive reduction of these duties.

People have become more sophisticated regarding the manipulation of money in this country. Deputy Dillon mentioned the balance of payments which is a more serious matter for us than is a balance of payments problem for Great Britain. In fact, they speak in Britain of a current balance of payments and a long term balance of payments which mean nothing more than a method of expressing the fact that Britain is not always very much upset by a current balance of payments, so long as she has considerable foreign assets. We have no corresponding picture here and to us the balance of payments is of immediate concern. In the recent past, our bank deposits have fallen and our bank levy has increased. Partly, I think, that is due to a more sophisticated approach by people who have money. The day is gone when every shopkeeper and farmer in the country went to the local bank and brought his money there. The Minister must be prepared for an increasing movement in that direction.

The terms offered by commercial banks are not as attractive now in the eyes of the better advised money owner in this country as heretofore. Money can flow more readily out of this country than heretofore. In every daily newspaper there are advertisements by mercantile banks and industrial banks, hire purchase banks, looking for deposits at a high rate of interest, higher than is given by our commercial banks and higher than is given by National Loans. Money tends to flow out of the country. There is established here and also operating from England the unit trust movement which has accumulated tremendous funds in the past decade. That is a form of stock exchange investment which is very appealing to the uninitiated small capital holder in this country and elsewhere.

Therefore, I suggest to the Minister that there is quite a risk in this country, a risk to which we are always exposed, that there will be in future a trend for capital to move out of the country to a greater extent than has been the case in the past and it is in that context that I am pressing so much for a statement of policy on this question of death duties. My personal view is that if death duties were less onerous here than elsewhere it would improve capital inflow into this country. As we are faced with increased risk of capital outflow, not alone foreign capital outflow but capital outflow from our own people, I am asking the Minister, when replying to this debate, if he will give a statement of Government policy on death duties and if he will state whether he thinks modification or reduction in death duties may not be a better policy than the policy that he apparently is pursuing of increasing duties.

There has been quite a lot of detailed comment on the sections of the Finance Bill which, I am sure, I am not expected at this stage to answer in any great detail. I would, in fact, be anticipating some arguments that might be made during the course of the Committee Stage and anticipating some of the answers I would have to give to those arguments. However, I am grateful to Deputy Sweetman and other Deputies who commented in some detail on the sections because it gives me the opportunity to look at these sections again in the light of their comments and gives me some advance information as to the reaction of Deputy Sweetman and others to the provisions of the sections.

Before I proceed to some little detailed comment, I just want to say in reply to a number of Deputies who singled out the Revenue Commissioners for attacks that any attacks or any charges that they have to make or any contumely that is to be heaped on anybody, must be directed at me. I am not going to pretend that I know all the details of tax laws, income tax law and succession duty but I tried as well as I could to understand the details of the Bill and in so far as it appears before the House in its present form, it is my responsibility and mine only.

I should like to say, however, that the Revenue Commissioners are not servants of some despot whose sole function it is to seek out every subject of that despot and take his last penny from him. They act in accordance with the legislation that we pass in the House and they act for the purpose of gaining revenue in order to enable the State to pay its way and to pay its commitments and they act under the aegis of the Government and of Parliament. They are the servants of Parliament and they get no penny profit out of any particular activity they carry out under the aegis of statutes. It is not fair that they should be singled out for particular attack above all other public servants. They are not nameless and faceless men; they are known men, but they are voiceless in so far as attacks by Deputies in this House are concerned. So that, in future, as long as I am Minister for Finance, at any rate, I invite Deputies who have attacks to make against the activities of the Revenue Commissioners, activities which we enable through legislation, to direct these attacks at me.

I might say, too, that in relation to the introduction of this Bill, I had the same experience as Deputy Sweetman when he was Minister for Finance, that he had consultations with the Revenue Commissioners in advance and any advice he sought was given to him and any advice I sought was given to me. Having said that, Sir, I would like to go on to deal with some few points of detail, not every one, as I said at the beginning.

The main point made during the course of the debate was that there appeared to be introduced into this Bill a retrospective element. I think it was conceded that section 18 does not now contain the retrospective provision that Resolution 18 might appear to have envisaged but some Deputies still seem to feel that the application of section 18 to particular transactions makes the section apply to transactions that might have taken place before this Act would have been passed as long as the death of the person involved or whose estate is involved takes place after the transaction.

It has been a cardinal principle of death duty law that it takes effect in connection with estates of people whose deaths occurred after the law was enacted. I do not think there is anybody on the other side of the House who will quarrel with that proposition, even though the particular activity in connection with which the law applies may have taken place before the Act itself was passed.

As everybody knows, people try legally to avoid death duties and they go to many extremes, the most usual one being to employ experts to advise them how best to avoid payment of tax, whether it be death duties, income tax or otherwise and, indeed, there are means which are accepted by the Revenue Commissioners and, indeed, in some cases are facilitated by them, to enable people legally to avoid liability for income tax. But it is a different matter when people who have wealth contrive by these avoidance measures to deprive the State of the tax that would be forthcoming to it from that wealth on the death of the person who owns it.

The question arises, of course, whether we are to have death duties at all. Many people advocate their abolition and to some extent I felt there might be something in it before I had an opportunity of examining the question more closely. I am not suggesting that I have examined it very closely since I became Minister for Finance but I have discussed it with a number of officials in my Department. The amount accumulated for the purpose of State expenditure out of death duties is roughly estimated at £4,500,000 this year. That is not an inconsiderable sum, even though it may appear to be small percentagewise in the context of a £200 million tax income. However, the question arises: where else might we get the £4,500,000 the death duties bring in if we were to drop death duties altogether? We know that it occasioned the imposition of new taxes on beer, spirits, tobacco and so on in the last Budget in order to provide a somewhat similar sum to enable the increases to be given to the recipients of social welfare. I think Deputies will agree that it is undesirable in present times to tax incomes because of the disincentive towards productive effort this would involve. Therefore, some other sources have to be found if we are to drop death duties.

That is just the financial argument but there is another social argument and many Deputies did refer to it. It is that the State is entitled to have regard—in accordance with Article 45 of the Constitution—to the distribution of property in a way that will best serve the common good. The State has a duty, therefore, not only legally but socially, to avoid accumulation of too much wealth in the hands of an individual or in the hands of the successors of an individual. By all means, if that person disposes of his property in good time, there is nothing the State can do about it, except, of course, by way of the ordinary income tax provisions but certainly not so far as death duties are concerned. I shall come to the disposal of property in time in a moment or two. If we are to have social justice, those are the means whereby social justice can be ensured, at least as far as the State is concerned.

The State having decided to have death duties, it is the responsibility of the servants of the State to ensure that adequate tax is payable on estates over a certain amount. If avoidance devices are attempted, and not only attempted but perfected, it is a matter for this House to ensure that these avoidance devices, if they are purely avoidance devices to get around the spirit and letter of the law, are offset by legislation. This is what we are doing in section 18 and no more than was done by any Minister for Finance who preceded me in this operation. I repeat that there is nothing newly retrospective about any of the specific provisions of section 18 and if anybody suggests that the specific provisions of that section should apply only in respect of transactions that were executed after the passing of the Act, then I can only give, especially to the members of Fine Gael, the same answer as Deputy Sweetman gave one of my colleagues when he was dealing with such a proposition in 1955.

(South Tipperary): The Minister is giving the answer to his own colleagues now.

I am not suggesting this proposition came from the Fine Gael side only but I am happy that I have a Fine Gael Minister's precedent to quote. In reply to the Committee Stage suggestion from a Fianna Fáil Deputy, then in Opposition, during the course of the Finance Bill of 1955, the Minister for Finance, then Deputy Sweetman, said:

The position has always been that in respect of death duties the operative date has been the death of the person. That has always been the practice right down through the years. If it was desired to change the rate of estate duty at any time the change would have to be framed so that it would affect deaths of people who were born on and after the passing of the Act. Obviously it could not come into effect for 60 or 70 years and it would be quite nonsensical from the point of view of legislation, and from the point of view of administration it would be utterly hopeless to have death duties running at the same time for people who were born at different times.

That was Deputy Sweetman's comment on the suggestion made from both sides of the House in the course of this debate. As far as section 18 is concerned, there is no retrospective element involved. Somebody suggested that there was retrospection in section 42. I want to reassure the House that the wording of that section does not introduce retrospective legislation, even though at first sight it might appear to do so. Section 42 refers to the transfer of interest in land between certain associated persons and subsection (1) reads:

Where, before or after the passing of this Act, an interest in land is disposed of by any person...

and goes on to deal with specific matters. Section 42 is in Part VII of the Bill and I should like to say that income tax is charged not by reference to sales or transactions but by reference to the year of assessment. Section 64 (7) of the Bill makes it clear that Part VII, including section 42, is to come into force from the year of assessment, that is, 1965-66, onwards. Thus section 42 is not retrospective. Trading profits for income tax assessment purposes are normally measured, as I am sure many members of the House know, on the basis of the profits of the year preceding the year of assessment.

In case anybody is in doubt, let me take an example of a company that sets out its accounts at the end of December each year. The basis of assessment for 1965-66 would, for the purposes of such a company, be the profits for the 12 months up to the end of 1964. This would, of course, include profits from sales included in the accounts for that year. This provision cannot go back to any prior year. Therefore, this allegation of there being retrospection in section 42 is unfounded.

A number of other detailed points were raised. One was on the question of the extension of the number of years from three to five within which gifts inter vivos will be caught for the purposes of death duties. No person has been given such a degree of premonition as to know that he will die three or five years or three or five minutes before he dies. I think it was Deputy Sweetman in particular who made the suggestion that this extension will have the effect of deterring people from bona fide transferring property to a relative who could use it productively. I think the contrary will be the case. I think this will induce people who want to avoid death duties on the property they give away within a certain time of their death, to give that property away at an earlier stage to the successor who will use it profitably. However, this matter will be raised in some detail, probably, in the course of Committee Stage, where we can argue it out further.

A number of Deputies referred to the provisions in Part VII in relation to the possibility of genuine farm sales being caught by the tax provision now sought to be introduced in relation to transfers of land sold for property development. I think section 39 is the section concerned. If that section is not specific enough to ensure that genuine farm sales are excluded, during the course of Committee Stage, I hope I will be able, if necessary, to introduce an amendment which will make it absolutely certain.

Two other points raised by Deputy Sweetman may be worthy of comment at this stage. One was his suggestion that the Bill was circulated too soon before Second Reading. I agree that the time which elapsed between the circulation of the Bill and the opening of the debate on Second Reading was not very long, but Deputy Sweetman shortened it much more. He acknowledged the fact that he got an advance copy on the afternoon of Friday, but he said the majority of Deputies were unable to get it before Monday, and some people were not able to get it even on Monday. The fact is that it was circulated on Friday evening and Deputies got copies on Saturday morning. No doubt by reason of postal delays, some Deputies may not have got it until Monday, but it was available in Leinster House and in the Stationery Office on Saturday for anyone who was interested. I am not suggesting that was ample time, but I want to correct the suggestion made by Deputy Sweetman that it was available only on Monday last. That is not true.

Deputy Sweetman made another complaint about the short notice given in the case of appeals before the inspector of taxes and special inspectors, and so on. My information is that ten days' notice conveyed by registered post must be given in these appeals. That notice is usually insisted upon and observed. I do not know whether there has been any special case. If so, it must have been very exceptional. No doubt if such a case did arise, little difficulty would be found in having a postponement of the hearing, if necessary, if the solicitor and counsel, or whatever other advisers were concerned, were not ready to prosecute the case. If Deputy Sweetman has any particular complaint in mind in this direction, I should like to hear from him, and I am sure the Revenue Commissioners would be glad to facilitate any such case.

Deputy O'Higgins referred to section 20 which is designed to impose tax on immovable property in other countries and on interests arising from immovable property in other countries. This is designed largely to catch Jersey mortgages. A number of people in this country have invested money in these mortgages. While they would be regarded as personalty in this country, they are regarded as immovable property in Jersey. In Jersey there are no death duties, or if there are, they are very small, and it is profitable for these people to invest their money in the form of Jersey mortgages. I think it is only right that we should have an opportunity of letting our Exchequer benefit from those transactions, if possible. I think Deputy O'Higgins approved of what we were trying to do in connection with Jersey mortgages, and I think his point was that this should not apply to genuine immovable property in other places. There are many other countries where death duties are nil, or so small that no one worries about them. Take, for example, the Bahamas. A person could have property there and not be liable for death duties in respect of that property. I think it is not unreasonable that we should seek to get some advantage for the Exchequer and the country, from people who contrive to get property in those places, merely for the purpose of avoiding death duties. I may tell the House that there are such cases, and there was one case in particular where an avoidance of a considerable amount of death duties was affected as a result of our law not being up-to-date with these devices.

Deputy O'Higgins criticised the length of section 28 which relieves certain transactions of take-over companies from stamp duty. I was in the Department of Industry and Commerce when this was initiated. There have been a number of amalgamations of companies within this country in recent times, primarily with a view to carrying out Government exhortations for adaptation, and Government requests that these companies should be more efficient. Since in such cases in Britain no stamp duty is payable, representations were made to me, and to the Chairman of the Industrial Development Authority at the time, that similar exemption should be given in this country. I am admitting freely that the British section was introduced into our Bill for the purpose of giving similar exemption. I hope to have another look at section 29 to see if anything can be done to improve it between now and the next Stage.

Coming now to the general trend of the debate, I am not denying that there are credit restrictions at the present time. We are in a period of special economic difficulties, and this has been brought about by a combination of circumstances, some due to factors arising within the country, and some to factors outside the country, factors over which we have no control. The fact is there has been an unfortunate and unusually large number of factors arising at the same time to create these difficulties. We have had, in recent years, a certain balance of payments deficit. It was £13 million in 1962, £22 million in 1963 and £31 million last year. The Second Programme for Economic Expansion envisaged that we could tolerate a deficit in the balance of payments over the period of the programme of some £16 million. The Central Bank estimated it a bit higher. They estimated it in a recent report at about £20 million odd—I forget the exact figure. The important thing is, whatever number of pounds is involved in the balance of payments, as long as we can maintain our external assets, as long as we can maintain our rate of production, then we can tolerate any reasonable balance of payments deficit.

The tightening up of capital investment in outside countries by the British and USA Governments has, unfortunately, contributed much to the difficulties we now face. There have also been other difficulties. One has been that our cattle sales abroad reached a very proportion in recent years. This caused a run down of suitable cattle and now the stocks have to be built up again. I am almost certain, by reason of the number of young cattle in this country, that this particular difficulty will be overcome in a short time and that our exports of cattle and our exports of carcase meat will again be running at as high a level perhaps in the autumn or certainly in the course of some months to come.

Besides these temporary setbacks, we also have the difficulty that our industrial exporters have to face the British surcharge. Deputy T.F. O'Higgins, I think, said that the fact we came to the assistance of industrial exporters by paying 40 per cent and in some cases up to 50 per cent of the levy made some of these industrialists rather complacent and tempted them to rely too much on the home market. I do not know whether that is true or not. It is a fact that the profit margins in exports are fairly thin by reason of this ten per cent continuing import levy in Britain. Therefore, it may be that some industrialists are not going after new business. Rather are they attempting to hold their own. That is wrong. They should go after new business, even though the profit margin may be rather thin at present.

There are internal difficulties which have to be faced as well as all this. The recent wage increases have tended to make our people for no reason—I suppose there is a natural enough reason—less conscious of saving and more prone to buying luxury goods. I have in another place exhorted our people to ensure that the Buy Irish Campaign is continued now more than ever. There was a great wave of enthusiasm, when the British import levy was first introduced, to buy Irish. I would like to impress on everybody it is even more important in these temporarily difficult times to encourage people to buy Irish goods and, as well as that, that they should hold off buying imported goods, especially if they are unnecessary or luxury goods.

Deputy Dillon asked what the Government were doing and what action was being taken in present circumstances. He tended to blame the imposition of the turnover tax for all our ills which, of course, is quite untrue. He also attempted to suggest that it was Fianna Fáil gave the 12 per cent wage increase and he says that started the spiral. He said this was the fault of Fianna Fáil.

(Interruptions.)

If Deputy L'Estrange wants to come in here and introduce the tactics he used in the Seanad, it will not be tolerated. I can shout as loud as he can.

The Minister is being embarrassed as he embarrassed the Government at that time.

The Minister must be allowed to proceed.

If Deputy L'Estrange comes in here and tries to introduce the tactics he used in the Seanad, it will not be tolerated. I will not be shouted down or put off what I am saying by Deputy L'Estrange. Deputy L'Estrange will please behave himself as his colleagues do. I behave myself when his colleagues are speaking.

The Minister does, but his colleagues do not.

Deputy L'Estrange will not put me off the points I want to make, no matter how long he interrupts. I hope the points I am making are reasonable and constructive and I hope I am making a reasonable attempt to answer the questions raised by Deputy Dillon and Deputy Cosgrave. When there was a move in the latter part of 1963 towards another wage round, it was suggested by the Taoiseach to the Congress of Trade Unions and the Federated Union of Employers that rather than have a free-for-all, they might undertake the prospect of getting a national wage agreement, getting an agreed rate of increase that would apply more or less all round, with perhaps a plus or minus in different employments, but at least getting a form of agreement that would be generally applicable. This would avoid a free-for-all and avoid, more importantly, the leapfrogging which often takes place in a free-for-all.

As we know, when the first application for an increase is negotiated, agreed on and brought into force, other employees move and ultimately the first people feel it is time to move again for another increase. The leapfrogging then takes place. The employers and trade unions agreed to undertake such an agreement. Advice was given at the time that if it appeared likely that the proposed agreement would last at least two years by reason of the rate of production, an increase of seven per cent, but not more than eight per cent, could be given. Unfortunately, it was not possible to make an agreement limiting the wage increase of seven or eight per cent to cover a period of two years and it was ultimately negotiated for 12 per cent. It was well known, and freely admitted by the Government, that this would mean an increase in prices and there might be certain inflationary trends involved, unless productivity was increased proportionately in the meantime. Nevertheless, it was felt that the increase was such, as the Taoiseach said, as to mortgage the future of some spending. The Taoiseach did not negotiate that 12 per cent. On the contrary, he advised a limit of seven or eight per cent. However, as a result of the agreements which have been negotiated, there has been a tendency towards spending, a tendency towards consumer spending, which of itself and by reason of the increased cost in the production of goods has brought about an increase in prices.

These are all factors, and there are others I need not enumerate, that have caused the present credit difficulties. We have had to draw to some extent on our external reserves. That is what they are there for, but, on the other hand, we do not want to go too far. There are a number of things that have to be done at the present time. The Government, and appropriate members of the Government, are engaging on the necessary exercises to see what can be done. We have identified many of the causes. We know some of these are temporary and will pass. We know some of them are such that effective action will have to be taken by the Government in order to overcome them.

As a result of all these things, there has been a running down of deposits and lending by the banks far beyond the amount their deposits could afford. It is true the Central Bank have given advice that the commercial banks should not let the aggregate amount of their lending by way of bills, loans and advances expand in relation to their resources within the State as rapidly as during the year ended 31st March, 1965. That is the advice given by the Central Bank in which the Government acquiesced. I said that during my Budget speech and I made no attempt since then to deny it. However, the banks were advised to give priority to applications relating to purposes of a productive nature and within that category to purposes directly related to the expansion of export goods and services.

Another contributory factor to the credit difficulty was, of course, that the rate of Government spending increased. In the Second Programme, we envisaged that our capital spending for this current year would have been about £96 million. In fact, we provided in the Capital Budget for some £104 million. I think it is important that the Government should, in so far as it is possible, restrict spending on current and capital account in order to ensure that the private sector will have a fair chance, and not only to ensure that the private sector will have a fair chance but to ensure that the momentum of production will be maintained.

I think, as well as that, there should be restraint not only in the demands for credit, especially for non-productive purposes, but there should be restraint in other demands, demands for more profits out of business and demands for higher wages, because at this juncture we still cannot afford to do anything that will disrupt the competitiveness of our goods, especially at a time when our exporters are facing the extra difficulties of the British surcharge.

It is not enough to say that, in the case of employees who are in employment not engaged in manufacturing enterprise, or in manufacturing enterprise in which the products are for export, they can seek extra remuneration because their remuneration will not affect the price of goods. Of course, every advance in no matter what sector has an effect on others. I think it is necessary that moderation in all spheres should be exercised at the present time. People should realise that there is a period of special difficulty but one which, with the exercise of moderation and restraint, we can get over.

Deputy Cosgrave in this context asked what we were doing in connection with our foreign trade and suggested, in particular, that many of our trade agreements with European countries were due for renewal, or ought to be renewed. We have bilateral trade agreements with practically all west European countries. I do not have to enumerate them; they are the usual ones: West Germany, France, Italy, Iceland, Portugal, Turkey, Greece, Norway, Austria, Sweden, and Switzerland. Most of these agreements are of a permanent nature and they set out the general principles which cover our trading relations with these countries. These do not require periodic re-negotiation. The agreements with our principal trading partners in western Europe, that is, France and West Germany, which countries altogether account for 45 per cent of our exports to that area, are subject to periodic re-negotiation according as they fall due for renewal.

Recently the National Industrial Economic Council in its reports on measures to promote exports of manufactured goods suggested that our existing trading agreements with the EFTA and EEC countries should be renewed. As a result of that suggestion and recommendation, the Government have put in hands a full examination of all our trading agreements. This examination is expected to be completed in the course of the present year. I should emphasise, however, that the scope for improving our bilateral trading agreements generally is limited because in the first place, the GATT rules prohibit discrimination, which means that preferential arrangements outside the context of a Free Trade Area or custom union are ruled out and, secondly, international trade in agricultural products is likely to continue to be severely handicapped by various productive devices designed to isolate domestic production in almost every country from outside competition.

However, the most important trading arrangement in which we would still be involved is that with Great Britain. As the country knows, there are certain discussions going on at official level at the present time. These discussions are directed towards the improvement of our permanent trade relations with Britain, and have been taking place over the past six months or so. The discussions which have covered the ground in considerable detail are now approaching a stage at which we hope to be able to determine the possibilities that are open to us. I anticipate that before long Ministers from both sides will be meeting and we will be able to see then whether agreement can be reached on the broad principles which should govern future trade relations between us and Great Britain. I do not think I need say anything further at the moment. As Deputy Cosgrave who asked the question knows, at times in the course of these negotiations too much comment is not helpful.

Deputy Dillon, the second last speaker for Fine Gael, spoke in rather trenchant terms in denunciation of Fianna Fáil responsibility for whatever ills might overtake the country. I want to remind Deputy Dillon that, in 1956, certain difficulties confronted this country and, whoever was responsible, whether the Government, or internal economic considerations, coupled with outside economic circumstances, we do not know, but the Government of the day had to take certain steps. They did not prove to be very effective. I do not think it will be necessary—I hope it will not be—to take such steps as those on this occasion but, inasmuch as Deputy Dillon was trenchant in his denunciation of us, I can say to Deputy Dillon that, when difficulties confront us, we face them. We did that in the past. We are doing it now. Whatever the difficulties are, we will live with them and overcome them. We are, I think, in command of the situation and we will not run away from it as the Government of which Deputy Dillon was a member did on two occasions.

Question put and agreed to.

Tuesday week.

Wednesday.

Will we say Tuesday and, if there is any difficulty, we can consult?

Provided we can get the amendments in on such short notice.

Is it next Tuesday?

No, Tuesday week.

If the Minister wants it next week, he can have it. Order it provisionally for Wednesday.

Very well.

Committee Stage ordered for Wednesday, 30th June, 1965.
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