Dáil Éireann Debate, Tuesday - 23 March 2004
7 Mr. Boyle asked the Minister for Finance the number of organisations and persons who made representations to his office regarding the Finance Bill 2004 between Second Stage and Committee Stage and between Committee Stage and Report Stage. [9208/04]
Amharc ar fhreagraI received 25 representations regarding the Finance Bill 2004 between Second and Committee Stages and 20 between Committee and Report Stages. These were in the form of letters, faxes, e-mails and telephone calls to my office and Department generally and came from public representatives, representative organisations and individuals. They covered a number of different tax areas.
I thank the Minister for his response. When the Minister came to office in 1997, he decided to discontinue the practice of his predecessor of publishing information of submissions made prior to the budget.
Will the Minister agree that in the interests of openness and transparency, not only is there a need to restore that practice but the type of lobbying done while the Finance Bill is being progressed through this House needs to be examined? We have seen a number of examples of that over the past few years.
My last priority question to the Minister was about the lobbying over the Eircom ESOT, the ramifications of which we have seen with the recent flotation. The Minister did something similar recently in terms of pension entitlements and benefits for the teachers' unions. Last year a representation was made by a constituent, although not during the debate on the Finance Bill, in regard to private hospitals and tax incentives.
On the second phase of lobbying between Committee and Report Stages, there is a need for openness and transparency because we have seen from experience how Report Stage amendments often do not get debated on the floor of this House. Has the Minister any intention of introducing a method whereby those who have sent him letters, faxes and other communications during the various Stages of the Finance Bill will be made publicly known?
I have no particular difficulty giving the Deputy all that information if he so wishes. I am prepared to provide him with a list of the representations in question, including the names of the representative bodies and the public representatives who made them, but subject to the normal restrictions that apply to requests made under the Freedom of Information Act in regard to releasing the names of private individuals. I can give examples of some of the representations I received. They include representations from the chairman of the Labour Court, ICTU, the Gaelic Players Association, Ministers, Deputies, Departments, the ASTI, etc. I can give the Deputy a list in that regard. I also received representations on the floor of the House on Committee Stage relating to the date of the planning applications for some of the tax incentive schemes, which I responded to on Report Stage. There is no mystery about this and the Deputy is free to get all the information he so wishes. However, I flatly reject any charge of favouritism in respect of any particular group which may wish to make representations to me or to the tax officials in my Department.
As the Deputy will be aware, every citizen has a right to contact his or her public representative or officeholder to make representations on his or her own behalf or on behalf of others. I regard this right as sacrosanct and I will not do anything that might impede or discourage people from doing so. To do so would render the political process irrelevant to the needs of ordinary citizens and put all of us out of touch with the wishes of the electorate.
I want to make it clear that, either through their public representative or to me directly, either inside or outside the House, everybody is free to make representations to me at any time. During my years as Minister for Finance I have received some ideas in the most unusual places and have incorporated them into legislation. Many of the measures in the Finance Bill are my own ideas and the Deputy will not see representations from anybody about them. I can point out many of them over the past seven years. I want to make it clear that for as long as I am Minister for Finance, people are free to make representations to me in whatever way they think fit, either by phoning me, meeting me at football matches, race meetings or pitch and toss banks.
The Minister is missing the point somewhat. I am very grateful that this information can be made available subsequently but even under the neutered freedom of information legislation he is obliged to do so.
If someone makes a representation, he or she can get the information under the Freedom of Information Act.
To inform the legislative process as the Finance Bill is going through this House, we, as Members of this House, should be aware of those who are making representations, the basis of those representations and the effect of those representations being acceded to. That information should be made available as they are made to the Minster's office. That is a flaw in the system that needs to be addressed. Otherwise, the Minister and the Government will invite subsequent accusations of possible favouritism and poor decision making. That is something the Minister should give consideration to in terms of fairly activating the workings of this House. I fear that, in the future, occasions may arise where we will be questioning decisions made in such circumstances.
As the Deputy is aware from his participation in Committee and Report Stages, there are representations I acceded to and some I do not accede to. One of the strongest lobbies was made between the publication of the Finance Bill and Committee and Report Stages on behalf of the Gaelic Players Association. I was lobbied by all Deputies and directly by members of the Gaelic Players Association, and I did not agree to that particular representation. I received other representations from the Deputy's colleague, Deputy Deenihan, on Committee Stage which I was gladly able to accede to. I agreed to some representations and did not agree to others. That has been the practice long before my time as Minister for Finance.
