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JOINT COMMITTEE ON FINANCE AND THE PUBLIC SERVICE díospóireacht -
Wednesday, 18 Jun 2008

Business of the Joint Committee.

The third item on the agenda is committee correspondence, of which there is a large volume. I will endeavour to go through it as quickly as possible.

The first item is a letter dated 28 February from the Department of Finance providing further information on COM (2007) 52 which relates to the energy tax directive. It was requested by the committee and I propose that we note it. Is that agreed? Agreed.

No. 87, the legislative programme for the summer session 2008, has been circulated to members. I propose that we note the programme. Is that agreed? Agreed.

No. 88 is an acknowledgement from IFSRA of correspondence sent. I propose that we note the matter. Is that agreed? Agreed.

No. 89 is a letter from an individual regarding levies for maintenance paid to separated spouses, a matter held over from the 29th Dáil. I propose that we forward a copy of the letter to the Department of Finance for a response. Is that agreed? Agreed.

No. 90 is an invitation to attend the 2008 Brussels tax forum. The date of the conference has passed, so I propose that we note the invitation. Is that agreed? Agreed.

No. 91 is a letter from an individual to the office of the Information Commissioner, copied to the committee, regarding a request for a release of personnel data as opposed to personal information. I propose we note the letter. Is that agreed? Agreed.

No. 92 is a letter from the Irish Heart Foundation calling for a reduced VAT rate on defibrillators. I propose that we forward this letter to the Minister for Finance for his views.

A similar proposal was made in respect of last year's Finance Bill but the then Minister turned it down.

Is there any point in forwarding the letter in that case?

We ought to do so. The new Minister may have a change of heart.

Is it agreed that we will forward it? Agreed. No. 93 is a letter from Public Affairs Ireland informing the Chair of a conference on financial regulation which was held on 5 June 2008. That date has passed, so I propose that we note the letter.

No. 94 is a reply from the Dyslexia Association of Ireland confirming its interest in making a presentation on foot of a request by the committee in response to a previous letter sent by the association. That meeting was due to take place on 21 May and it was to concern amendments to the Taxes Consolidation Act 1997. The meeting was cancelled, however, because of the loss of three members of the committee. I propose that the clerk to the committee liaise with the association to agree a suitable date. Is that agreed? Agreed.

No. 95 is an e-mail from the Oireachtas representative to the EU informing the committee that the EU finance committee meeting on tax competition and ecological taxation will take place on 15 September 2008 and inviting the Chairman to that event. If it is agreed that the Chairman is to attend, the formal estimate and a request to the working group of chairmen of the committees will be prepared for the next meeting. That has to be done because the allocation for travel for this year has already been spent and we need clearance before spending additional funds. Is that agreed? Agreed.

No. 96 is an invitation to attend an international conference on women and ambition in the workplace hosted by the centre for gender and women's studies in Trinity College, Dublin. The date of the conference has passed so I propose that the invitation be noted.

No. 97 is an invitation to attend the third global congress of women in politics and governance, which will be held from 19 to 22 October 2008 in the Philippines. The theme for the conference is gender and climate change. The Committee on Climate Change and Energy Security has also received an invitation and, as I already noted, we face budget constraints. I propose that we note the invitation.

No. 98 is a schedule of meetings to be chaired by the French National Assembly and Senate under the French Presidency of the EU over the second semester of 2008. That is related to No. 97. I propose that we note the matter.

No. 99 is the April to June edition of the Industry and Parliament Trust quarterly magazine, The Bridge. One copy has been received and can be viewed on request. We can request additional copies if members so wish. I propose we note the matter.

No. 100 is a letter from the Irish Traditional Salmon Netsmen's Association seeking a meeting with the committee on taxation matters. It wants exemptions from the tax rate that applied to its members. This issue was discussed in the context of the Finance Bill. Do members wish to meet with the association? When the salmon fishermen received what was in effect redundancy payments, they were taxed at the marginal tax rate. They wanted similar exemptions to those which apply in respect of redundancies but that was not accepted for the Finance Bill.

It is regarded as income rather than redundancy or capital gain.

I propose that we write to the association and note the request.

I suggest we deliberate on the matter before responding to the association. A number of points will need to be clarified. The rate may not be 41% across the board because some of them may be on the standard rate.

Perhaps we could get further information.

It should be considered before we issue a response.

We will seek information on the number who were taxed at the higher rate.

We are here to meet people but we do not have sufficient information to decide how to proceed.

We will contact the Department of Finance to get information.

They should be told that we are looking into the matter and that we will respond presently.

No. 101 is a letter from Mr. Kieran McLaughlin, president of the American Ireland Fund, regarding the committee's recent visit to the New York Stock Exchange and including a copy of the fund's Connect magazine. I propose that we note the letter which thanks the committee.

No. 102 is the Financial Regulator's annual report for 2007. One copy of the report was received by the clerk to the committee and it is also available on-line. I believe every member of the committee received copies of the report. Is it agreed that we note the report? Agreed.

No. 103 is the Central Bank's quarterly bulletin for the second quarter, one copy of which was received and is available to members. Is it agreed that we note the matter? Agreed.

No. 104, from the Office of the Revenue Commissioners, is a value for money and policy review of information technology, external resources and expenditure report for 2006. Does the committee wish to invite the Revenue Commissioners to discuss this matter in further detail?

We should consider inviting the Revenue Commissioners but should not confine our discussions to the value for money report. The Chairman will be revising our work programme in light of the new regime that has taken over.

We will examine the work programme in regard to the Revenue Commissioners.

Deputy Bruton made a valid point. We are facing a period of uncertainty in regard to taxes and the Revenue Commissioners are the port of call in that regard.

We will consider the terms to be included in the letter. I may consult Deputies Bruton and Burton in that regard.

Perhaps we should set aside time to revise our work programme because the committee has not been particularly active of late and there are a number of changes taking place. We probably need to reconsider our priorities.

No. 105 is the Private Residential Tenancies Board 2006 annual report. I propose we note the report. Is that agreed? Agreed.

No. 106 is a European Parliament report on hedge funds. Hedge funds were discussed during the course of our visit to the US. I propose that the matter be noted. Is that agreed? Agreed.

No. 107 is a statement of strategy for Office of the Attorney General for the period 2008 to 2010. I propose we note the statement. Is that agreed? Agreed.

No. 108 is a letter from the Department of the Taoiseach regarding a review of the economic regulatory environment. The letter asks if, as part of the review, members of the committee will meet consultants. Terms of reference are also attached. Similar requests have been made to other committees. A meeting has been arranged for 12.30 p.m. on Wednesday, 2 July for consultants to meet jointly with any members from across the committees interested in taking part in the review. Members who are interested may give their names to the secretariat.

No. 109 is an acknowledgement from the vice president of Booz Allen Hamilton in response to the committee's letter of thanks following a recent visit to New York. It is noted.

No. 110 is a letter from the Chief Whip's office advising that the Revised Estimate will be moved in the Dáil today, Wednesday, 18 June. The committee has completed its consideration of the Estimates and the Chief Whip's office has been informed of this. The letter is noted.

No. 111 is a letter from Debt and Development Coalition Ireland, requesting the opportunity to make a presentation to the committee to discuss the enclosed Eurodad Charter on Responsible Financing which charts proposals for responsible global lending and borrowing relationships. Does the committee agree to invite the coalition to make a presentation?

It is timely. This issue comes up at regular intervals. If there are experts available to the committee, perhaps they could be facilitated at another meeting on other issues. It would be worthwhile.

Is that agreed? Agreed. We will ask the clerk to liaise to agree a suitable date.

Will the clerk ask for a summary presentation?

Yes.

No. 112 is a report on the Eurofi conference entitled, Achieving the Integration of the European Financial Market in a Global Context, which the former Chairman attended. We are advised that its annual conference on EU priorities and proposals of the financial services industry for ECOFIN will take place from 10 to 12 September in Nice. I propose to note this item. If it is agreed that the committee should be represented, a formal estimate and request to the working group of committee chairmen, WGCC, will be prepared. Do we need representation at the conference? Cork might be playing in the all-Ireland football final.

That is unlikely.

What do the experts on the financial markets think about that?

I thought it had been held. What is it about?

There is one in Nice from 10 to 12 September in preparation for the ECOFIN meeting.

That sounds like the more onerous one.

Eurofi is organising its 2008 annual conference entitled, EU Priorities and Proposals of the Financial Services Industry for the ECOFIN Council, an official event of the EU French Presidency. The conference will take place from 10 to 12 September prior to the meeting of ECOFIN. More information on the event will be sent shortly. Perhaps we will wait for more details.

No. 113 is a letter from the Department of the Environment, Heritage and Local Government, enclosing a disk with the annual report and output statement 2007. It is noted.

No. 114 is an e-mail from the permanent representative to the Oireachtas on the annual meeting of the European Parliament's Committee on Budget with the chairmen of the finance committees of national parliaments due to take place in Brussels on Wednesday. If the committee agrees, the Chairman and one official should attend. The estimated cost is €1,500 per person. A formal request will have to be submitted to the WGCC for its approval. That is one meeting we should attend. Is that agreed? Agreed.

No. 115 is a protocol from the library and research service on research for committees informing us that it is prepared to undertake one major piece of research for the committee for the year such as on an output statement, the Estimates process or whatever——

The statement it has submitted is a little like the Lisbon treaty. It is so bureaucratic it is almost impossible to understand. I do not understand it. I do not know what it means. Much of the work at this committee is done by Deputy Bruton, as Fine Gael spokesperson on Finance, and me. It is very difficult to avail of this generalised information service. The notes it produces are for everybody and sometimes are fine, but I would prefer to receive a closer indication from the library and research service of exactly what it intends to do. Until now, when I have asked for briefs on matters from time to time, the results have been very vague and difficult to understand. What does a "major piece of research" mean in this context? I do not know what it means.

I presume it means that if there is one specific area on which members want an in-depth report, the library and research service would become involved. I have never dealt with it but presume that is what it means.

What is the "proactive bulletin from the library service"? What does that mean? I do not know what it means. I would like to receive the benefit of research facilities, but find it very difficult to penetrate the document. If the library and research service spoke separately to each party, we might get some sense of what we are talking about. I honestly do not understand what the statement means.

Going back five or six years, the committee often decided that it wanted an in-depth report on a particular area. I presume the research committee would do the research for the convenor or whoever was driving the report. I presume that is what it means.

During the term of office of the last Government we compiled a detailed report on bank charges and customer services, in respect of which we hired a consultant researcher with business experience. It might be helpful to have a clipping service to provide key items from the Financial Times or the International Herald Tribune on Irish or international financial matters. I would find it useful if some of this information was scanned for me, as might other members. If some key international journals were scanned for us, not to deluge us with material but with a selection of it, it would be useful. It could cover developments in international financial markets or items that refer to Ireland. I do not know if that is the kind of service about which we are talking.

It is a very good suggestion. On the basis we are talking about staff here, I suggest that either one of us or the clerk endeavour to have a chat with them and explore the possibilities. There is no question but it would be very beneficial to have a clipping service like that. The Chairman has indicated they would also be prepared to get involved in saving us the expense of a research consultant if we were to do a report on an issue.

Perhaps Deputy Bruton or the clerk would speak to those in question between now and the next meeting and determine the more refined list of issues they could help us with, such as a clipping service. Perhaps they could be more specific on the types of research that could be undertaken on our behalf.

We must decide on our own work programme, which will throw up likely topics. The clipping service would be separate. They are saying each committee's annual work programme will form the basis for determining the research activity of the service. If we decide to have a number of key priority issues, we could at the very minimum, before witnesses come before us, be furnished with some kind of background document by the library service. It would certainly help inform us.

With regard to the clipping service, even to know of the existence of an article without necessarily having the whole article——-

Maybe we could have the headline and three or four lines.

That would be plenty. I would include the specialist Irish financial media but the service would not have to include the Irish Independent, The Irish Times or Irish Examiner.

No, but I am talking about the international press, such as the Financial Times, the International Herald-Tribune, The Economist and maybe one American business magazine. Even the first three would do. A clipping service can be quite onerous and we would probably get it only once a week or fortnight. Somebody has to watch the media.

It is done electronically. Deputy Bruton's comment outlines the way to go. We should draw up our programme and then we can inquire of the exact service that can be provided for us in any specific area. We can then take on board what Deputy Burton has been saying.

In terms of the overall work of the committee on a non-partisan basis, the other issue which might be worth researching if there is somebody capable of doing so is a comparison on output or accounting statements produced by departments in other European countries. We will be deluged by such output statements and they are very difficult to discern.

There is a series of actions which can be done but we do not know if they will be of value.

When we draw up our work programme we can look at specifically what we are after.

I would not send them on work producing results we would not use to get value from costs incurred.

The big events in our year are the budget and its aftermath, the Finance Bill, our relationship with various financial institutions, interest rate changes and a series of issues which flow from them.

Will the work programme be circulated before the next meeting? If we wish to add anything it can be done at the next meeting.

Perhaps the senior members of the parties present would give an idea of what they would like included and we can discuss it then.

No. 116 is the list of NDP reports on information available in the public system electronically. This correspondence was received from the Department on foot of a request from this committee to be furnished with these reports. I propose we examine the list and decide which reports, if any, we would like to examine in more detail.

I presume the monitoring committee has met at this stage. Perhaps we could get access to its deliberations, which would at least signal the issues it felt were of significance in the NDP reporting. I would say it is 1,000 pages long.

We will check that.

If we could get a hold of the monitoring committee report, I am sure it presents in summary form.

No. 117 is a letter from Deputy Kieran O'Donnell requesting that the committee invite CEOs of all the major banks to appear before the Joint Committee on Finance and the Public Service to discuss lending policy towards business and mortgage customers. There are 12 mortgage lenders which are members of the Irish Mortgage Council, which is affiliated with the IBF, so we must decide how to approach this.

Currently, small business people and mortgage holders in particular are coming under severe pressure. Banks are an integral part, when dealing with customers, of how the economy moves forward. At the moment they are curtailing credit, particularly new credit, which I believe is short-sighted. The banks are themselves under pressure with regard to their share price.

It would be a worthwhile exercise to bring the financial institutions before the committee to get their views on where they are going and the approaches they will make. There is much abstract talk on it and it would be a very practical measure to get representatives before the committee to discuss the issues.

It is a very sensible idea. There is no doubt the property sector has been very substantially funded by the banks and many have expressed concern about the way in which banks were extending debt at a time when asset prices were rising rapidly. It is perhaps the benefit of hindsight but one wonders why there was not some effort by the financial regulators to rein in the reliance on property expansion within the assets at the time.

Now the opposite effect is evident and it seems all the banks are struggling to rebuild their capital base. They are pulling in their horns everywhere. There may be an issue here about having some sort of a more flexible framework for looking at the way banks operate at different periods in the cycle. Perhaps the regulator, although it is independent, could look at having tighter asset requirements which would effectively bring about bigger reserves in the upswing. Greenspan used the term "excessive exuberance". Similarly, in the downswing perhaps there is a case for looking at relaxing some of the reserve requirements.

The banks may be rebuilding at the moment for reasons other than what the regulator is telling them. There is no doubt that what Deputy O'Donnell has indicated is happening on the ground, although I am not sure we can change it. We should at least understand it and be able to express views on the proper relationship between the banks and the regulator when we meet the regulator. It is a timely request by Deputy O'Donnell.

I support Deputy O'Donnell's timely suggestion. Every individual and business in the country has interaction with the banking system on a daily basis and it is important we improve our understanding of its current approach to lending decisions, cash flow management and so on. We should seek to achieve a consistency in the treatment the banks apply to such decisions while working in the context of the international banking system. We must get a feel for the standards being applied by them and seek to improve the consistency.

There is an argument from an economic perspective that the State would like to see banks operating in what would almost be a counter-cyclical approach. That is, when times are tight they would be more supportive of business and provide cash and capital as an injection. They are doing the opposite because they are commercial entities in themselves. We must examine the issues in great detail and I support the measure.

It would be appropriate. I doubt that the chief executives of the banks will deign to meet the committee so a context must be applied to the measure. Perhaps it ought to involve the Central Bank because it has written bulletins for some years warning of inappropriate 100% loans. Perhaps it would be appropriate to start with the Central Bank and the regulator. I am concerned that the banks might refuse an invitation, although we should issue one to them. It may be necessary to put the measure in context.

We have had the Central Bank and Financial Regulator before us in this committee. As public representatives we represent all sectors, including small businesses and mortgage holders, which are under enormous pressure at the moment. Commissioner McCreevy made the point last week that the central banks did not pick up on the sub-prime crisis. I strongly feel we should invite the CEOs of the major banks to attend and if they refuse we can invite the Governor of the Central Bank and the Financial Regulator. I have been told by all business sectors that it is important we lay down a marker, as a committee. Deputy Bruton made the point that the banks must take a long-term view.

If money does not flow through the economy, confidence will fall and there will be major consequences for jobs and the Exchequer. This, in turn, has consequences for services that can be provided. I understand Deputy Burton's point of view, and what she suggests could happen may be the ultimate outcome, but I feel strongly that this committee should put down a public marker showing that banks exist as part of the overall economic system and cannot stand alone. I strongly feel we should invite them.

We should invite the banks but maybe there is case for slightly sugaring the pill and not presenting this solely as a criticism of them. They are very significant players and we have seen this in the past when they get into difficulties and the system turns head over heels to prevent things going wrong. Perhaps we should invite them in the context of the current credit climate and the need to manage a difficult economic period, which is the primary concern.

From the point of view of consultation, there are 12 of them. Will they simply say that the Irish Banking Federation represents them?

That is the danger.

How will we get them to attend?

We could start with the big two.

We could pick the bigger ones such as AIB, Bank of Ireland and perhaps one of the other banks, such as Bank of Scotland. We could also include a building society or mortgage institution because many of them give loans to those in the construction industry, not just people buying homes.

The six major players are AIB, Bank of Ireland, National Irish Bank, Permanent TSB, Ulster Bank and Bank of Scotland.

The out clause is to avoid discriminating against one bank over another and ask the IBF for five of its members.

There are six main players and if we end up getting some of the smaller players in the mortgage field, there will be no benefit. It is critical that we get the big players like AIB and Bank of Ireland.

Are we going to focus on their current policies on small, medium and large business finance and on mortgage financing? We should have topics to discuss, including policies on charges and default policies. We want a structured discussion with the banks, setting out their current approaches to these issues.

In my letter to the Chairman, I referred to what Deputy Burton has mentioned. The discussion on the commercial sector should cover the banks' policies on overdraft facilities, lending, charges, surcharges and the home loan market. The discussion should be policy driven and now is an opportune time.

There are six main players, although ICC might also be considered. The key is to get an overall view of the banks that provide mortgages because the commercial sector is critical at the moment.

That is a good idea, but I still think it should be done through the IBF to ensure the smaller players do not complain later that they were not asked. The other approach leaves us open and it may be necessary to include one of the smaller operators to get the whole picture. It would be prudent to use the same template of questions for the Central Bank and the regulator. I agree with Deputy Bruton that there should be a focused approach but what we want to achieve is reflected well in the letter. We should determine the Central Bank's vision for the future and what is recommended by the regulator under the given heading. We could then bring four, five or six banks before the committee through the IBF. We can include all of the big banks, and a representative of the smaller ones also, to go through the issues.

I take Senator MacSharry's point on the Irish Banking Federation but this committee must go directly to the banks and send out a message because banks are public bodies. I do not have a major issue with inviting the 12 institutions but if we are to streamline the process we could go to the commercial sector first and then progress to the mortgage sector.

My concern about what Senator MacSharry is saying is that on the last occasion the IBF attended a committee meeting issues arose relating to the policies of different banks and the IBF felt it was not in a position to respond. If it came to that type of dialogue, we would be wasting our time.

I am not suggesting that the IBF should attend, but that it could provide us with an out clause.

Which institutions the IBF chooses is the problem.

I would prefer to go straight to the institutions, although I take Senator MacSharry's point.

I have not made it yet because I keep getting interrupted. I am suggesting we can use the IBF, without having its representatives attend, to help reach the conclusion that we seek, that is, the attendance of some the six biggest banks. We can streamline an invitation to say we want the three biggest institutions, one of the medium-sized institutions and two of the smaller ones. We can change this as we wish. It is not Mr. Pat Farrell and his colleagues who will attend the meeting but representatives of the banks. As representatives of the State we cannot pick and choose two institutions, be they the biggest or the smallest. We must either invite all 12, none or six through the IBF. We will not end up speaking to Mr. Pat Farrell but the CEOs of the banks. Inviting all 12 would be unmanageable and logistically difficult. The best way to streamline the process would be to ask the IBF to choose from the various financial institutions it represents.

I take Senator MacSharry's point but I wonder whether it would be possible to invite all 12 and have them attend on a streamlined basis? We should determine which banks attend, although I understand what Senator MacSharry means about either inviting all 12 or none. I propose that we invite all 12 and, depending on the replies we receive, consider how to have them attend.

If we invite all 12, we will not have them attend on the same day.

We will see how many replies we receive and consider them. We can then formulate a programme to have the banks attend.

There will be a mix of them.

I presume people will not have a problem with this approach.

Is that agreed? Agreed.

No. 118 is a letter forwarded by the Joint Committee on European Affairs from the European Parliament and Commission informing us of the launch of a pilot project on information networks. I propose to note it. Is that agreed? Agreed.

A list of statutory instruments, with the corresponding explanatory memorandums, has been circulated. If any member wishes to receive a copy of any of the statutory instruments listed, he or she should contact the secretariat.

We now come to EU scrutiny items. No. 1 concerns decisions taken by the Joint Committee on European Scrutiny on 12 February, enclosing COM (2007) 340 and COM (2007) 786 for our information. No. 2 is a letter enclosing two Department of Finance six-monthly reports for our information. No. 3 is report No. 6 from the Joint Committee on European Scrutiny on COM (2007) 746 and COM (2007) 747 and report No. 4 on COM (2007) 361 for our information. No. 4 concerns decisions taken by the Joint Committee on European Scrutiny on 26 February. I propose to note all four items.

No. 5 concerns a decision taken by the Joint Committee on European Scrutiny on 8 April, enclosing COM (2008) 78 for the observations of the committee. An up-to-date information note from the Department of Finance has been received notifying the committee that the proposal was further discussed on 23 May in Brussels. One of the concerns expressed by the Department in the original note concerned the liberalisation of arrangements for the private importation of products. The up-to-date note advises that this element has now been removed from the proposal, but the element concerning gift consignments, about which the Department expressed concern, is still at this stage part of the proposal. The Department advises that elements not essential to the EMCS may have to be set aside and the committee will note that there will be further meetings on the proposal. It is proposed to ask the Department to keep the committee informed on developments with regard to the gift consignment element. It is further proposed to write to the Joint Committee on European Scrutiny to bring this up-to-date information to its attention. Is that agreed? Agreed.

No. 6 concerns decisions taken by the Joint Committee on European Scrutiny on 29 April, enclosing COM (2008) 150 and COM (2008) 152 for our information. No. 7 concerns decisions taken by the Joint Committee on European Scrutiny on 13 May. No. 8 concerns decisions taken by the Joint Committee on European Scrutiny on 27 May, enclosing COM (2008) 200, COM (2008) 201 and COM (2008) 203 for our information. I propose to note these three items.

The joint committee adjourned at 3.05 p.m. until 2.15 p.m. on Wednesday, 2 July 2008.
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