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Dáil Éireann díospóireacht -
Wednesday, 14 Oct 1998

Vol. 495 No. 2

Priority Questions. - DIRT Liability.

Michael Noonan

Ceist:

33 Mr. Noonan asked the Minister for Finance the steps, if any, he intends taking to ensure that DIRT, for which AIB or any other bank or institution has liability, will be paid irrespective of whether a settlement has been entered into by the particular institution with the Revenue Commissioners; the steps, if any, he intends taking to ensure there is not a recurrence of the events as described in a magazine (details supplied); and if he will make a statement on the matter. [19701/98]

The Deputy is referring to the article published last week which alleged that the Revenue Commissioners turned a blind eye to tax fraud in relation to DIRT and bogus non-resident accounts. This issue is not new. In April of this year I gave a detailed reply to a question on this matter from Deputy Rabbitte. On Thursday last the House discussed the position at length by way of special statements and questions and answers. Yesterday, the Chairman of the Revenue Commissioners appeared before the Committee of Public Accounts.

The pursuit of particular tax cases is a matter for the Revenue Commissioners and they deal with taxpayers on a confidential basis. Having regard to the material already available to the media and the public controversy arising from it, the chairman, exceptionally, made it clear to the Committee of Public Accounts that there was no settlement or write-off of tax in the particular case raised by the Deputy and went into some detail on the background to this issue. The chairman also referred to the discussions initiated in the past with the main financial institutions to ensure the non-resident account situation was regularised by review by the institutions of the relevant non-resident declarations. The Committee of Public Accounts was informed that in those discussions Revenue was not in a position to enter into general settlements, nor did they.

Even prior to the earlier media reports this year of historical non-compliance in this area, the Revenue Commissioners had already commenced a review of the position generally. Their review includes an examination of ongoing controls, procedures and liabilities and, where considered necessary, involves an examination of liabilities in past years. The review covers all financial institutions and is well advanced. As the Revenue Commissioners have made clear, since there was no question of having made a specific monetary settlement, they are required to pursue the relevant DIRT liability.

With regard to the further steps required to ensure there is no reoccurrence of these events, both Revenue and my Department are actively reviewing the existing powers which Revenue has in relation to tax evasion. This review involves examining extra powers in relation to access to bank accounts and the examination of the affairs of banking institutions. Revenue powers were last added to significantly in 1992, with further additions in 1993 and 1995. The outcome of this latest review will be examined in the light of the report of the Moriarty tribunal so that whatever measures are considered necessary in this area can be taken. The Government will be supportive of measures which can assure that the liability of persons for tax can be reasonably and effectively pursued.

I thank the Minister for his reply. Has the Minister inquired from Revenue how it can maintain the position that a settlement was not made with AIB when it is a matter of public record that a meeting took place between Revenue and AIB to discuss this matter? In a letter of 13 February 1991, a senior tax official wrote to AIB stating that a settlement would be negotiated on any DIRT outstanding prior to 30 June 1991, without publication or penalty, but that the full rigours of the law would be applied in relation to any liability arising after that date. It is a matter of record, written by the senior inspector dealing with the issue, that a settlement was offered to AIB, that AIB negotiated a settlement and that the settlement was made. How can the Chairman of the Revenue Commissioners make a statement contrary to the correspondence issuing from Revenue?

I have noted the correspondence to which the Deputy refers which is reported in today's newspapers and previously, but I have not asked the Chairman of the Revenue Commissioners about this specific case, nor do I intend to. My discussions with the Chairman of the Revenue Commissioners in these matters respect the delineation of powers between the Minister for Finance and the Chairman of the Revenue Commissioners. I understand the Chairman was examined extensively at the meeting of the Committee of Public Accounts yesterday; his replies are on the public record. I understand also that the people from the relevant institution will appear before the Committee of Public Accounts later this week and they will be further examined. It would not be appropriate nor has it ever been the practice that Ministers for Finance discuss individual cases with the Revenue Commissioners, and I intend to continue that long established practice.

Do I take it that in this matter of great public concern, where there is outrage among taxpayers, the Minister is washing his hands of the issue, that he is saying it is a matter entirely for the Revenue Commissioners and that he does not have a policy position on it? Will the Minister ask the Revenue Commissioners if they intend to collect all outstanding taxes or does the settlement which was made in the early months of 1991 hold as a full and final settlement? The Minister has to have a policy position on this matter. That is the responsibility of Ministers for Finance. The Minister must have a policy position if £100 million in tax was not paid. It is not good enough for him to say he will not discuss the matter with the Chairman of the Revenue Commissioners and that whatever they do is fine with him.

This is Question Time. We must have questions.

That was a question.

(Carlow-Kilkenny): A good one.

I think it was a pronouncement in relation to the Cork by-election. It is a long established practice that Ministers for Finance do not discuss individual tax cases with the Chairman of the Revenue Commissioners, nor is the Department of Finance informed of individual tax settlements.

The six minutes allocated to this question are now concluded.

I share the concerns Deputy Noonan has raised and which have been expressed in other public fora but it is not the practice to enter into negotiations with the Revenue Commissioners about individual tax cases. That is a matter for the Revenue Commissioners themselves.

It is not against the law to do so.

The Deputy should not interrupt.

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