Dáil debates

Wednesday, 18 September 2024

CJEU Judgment in Apple State Aid Case: Statements

 

6:00 pm

Photo of Cormac DevlinCormac Devlin (Dún Laoghaire, Fianna Fail)

I welcome back the Leas-Cheann Comhairle and all our colleagues after the summer recess. I hope and trust that people had a nice break and I look forward to working in the term ahead, however long it may last.

I also welcome the opportunity to examine the implications of the Court of Justice of the European Union's decision in the Apple state aid case. In the first instance, it is important to acknowledge that the Apple case involved an issue that is now of historical relevance only. It relates to opinions of the Revenue, dating back to 1991 and 2007, that are no longer in force. Ireland has since introduced changes to the law relating to corporate residency and the attribution of profits.

I disagree, though, with some in the House who have argued Ireland should never have taken the case. One of the foundations of our extremely successful industrial and economic model is stability. Central to this is the independence of the Revenue Commissioners to make determinations and implement the tax code. The State was correct to take the case and clarify questions surrounding this issue. While the costs of the case were significant, this must be taken in the context of the importance of providing certainty, of supporting the independence of the Revenue Commissioners and, of course, of the billions of euro accrued from our economic model.

Last week's judgment provides the final determination in this case, and the process of transferring the assets in the escrow fund to Ireland will now commence. Given the magnitude of the Apple funds, at more than €14 billion, they have generated a lot of public interest and comment. Almost everyone has an opinion, and rightly so, and that feedback is welcome. It is right to have a national conversation about how the Apple fund can improve our country. Most people would accept that a once-off windfall of this nature should be spent on capital funding or on paying down the national debt in a way that benefits society today and into the future. Ultimately, a large range of areas are likely to be considered.

Personally, I would like to see investment in housing, particularly the provision of affordable housing for working families, and in national transport infrastructure, which may come in the form of a fund to improve infrastructure to service land and develop utilities. I would also like funding to be made available to accelerate the provision of retrofitting and renewable energy for homes in Ireland, which should have access to affordable solar power. There should also be a community dividend. Towns and villages throughout Ireland should be able to access funding for new sports and community facilities that will serve generations now and into the future.

I look forward to hearing suggestions from around the House and to working with colleagues to see the funds used in the best interests of the people.

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