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Dáil Éireann - Volume 318 - 27 February, 1980

Financial Resolution No. 5. - Excise—Table Waters.

Minister for Finance (Mr. O'Kennedy): I move:

(1) That the duty of excise on table waters imposed by paragraph 9 (2) of the Imposition of Duties (No. 221) (Excise Duties) Order, 1975 (S.I. No. 307 of 1975), shall be charged, levied and paid, as on and from the 28th day of February, 1980, at the rate of £0.372 per gallon in lieu of the rate specified in the said paragraph 9 (2).

(2) That the rebate of excise duty provided for by section 15 of the [826] Finance Act, 1960 (No. 19 of 1960), shall not be allowed to any manufacturer of table waters in respect of table waters manufactured by him on or after the 1st day of March, 1980.

(3) (a) That, subject to the subsequent subparagraphs of this paragraph, every manufacturer of table waters on which the duty of excise imposed by paragraph 9 (2) of the Imposition of Duties (No. 221) (Excise Duties) Order, 1975, is paid by him shall, on and after the 1st day of March, 1980, be allowed a rebate of the duty as follows in relation to each premises in which he manufactures the table waters:

Rate of Rebate

Where the quantity manufactured by him therein on which the duty has been paid by him in any year commencing on the 1st day of March does not exceed 20,000 gallons

£0.124 per gallon for each gallon thereof.

exceeds 20,000 gallons and is less than 100,000 gallons

£0.124 per gallon for each of the first 20,000 gallons and £0.062 per gallon for each other gallon.

is 100,000 gallons or more

£0.124 per gallon for each of the first 20,000 gallons and £0.062 per gallon for each of the next 80,000 gallons.

[827] (b) Where, apart from this subparagraph, rebate under subparagraph (a) of this paragraph would fall to be allowed to a manufacturer in respect of two or more premises situate in the same county or other borough, urban district or town, the rebate shall be allowed in respect of one only of the premises.

(c) Where two or more persons successively manufacture table waters in any premises in any year commencing on the 1st day of March, then, as respects each of those persons other than the first—

(i) in case the amount of rebate which would be allowable under subparagraph (a) of this paragraph on the aggregate quantity of the table waters manufactured in the premises in that year by him and his predecessor or predecessors in the business in that year, assuming that those table waters had been manufactured by one person only, exceeds the aggregate amount of rebate allowable to such predecessor or predecessors in respect of table waters manufactured in the premises in that year, he shall not be allowed, by way of rebate under subparagraph (a) of this paragraph in respect of table waters manufactured by him in the premises in that year, an amount greater than the excess, and

(ii) in any other case, he shall not be allowed any such rebate.

(d) (i) In subparagraph (b) of this paragraph “town” means a town having commissioners under the Towns Improvement (Ireland) Act, 1854, or any place which is designated as a town in the census of population which is for the time being the latest published such census.

[828] (ii) If any question arises as to the census of population applicable at any time for the purposes of this subparagraph, the Minister for Finance may certify accordingly and the certificate shall be conclusive.

(e) In a case in which, apart from this subparagraph, subparagraph (c) of this paragraph would not apply merely because periods of manufacture of table waters are separated by an intervening period, that subparagraph shall apply.

(4) It is hereby declared that it is expedient in the public interest that this Resolution shall have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1927 (No. 7 of 1927).

Dr. FitzGerald: What moved the Minister to quadruple the tax on table waters, such a very much larger increase than the tax on alcohol? One would have thought the balance would have been the other way.

Mr. O'Kennedy: In answer to the Deputy, they have not been increased for some time. In many cases the Deputy has assumed, perhaps understandably, that it all applies to children. He will be aware that a lot of it is used as mixers in lounge bars and so on, and they have not been increased for some considerable time.

Dr. FitzGerald: Even if it has not been increased since 1975, that is hardly a reason for quadrupling it. Nothing else has been quadrupled since 1975. Why pick on table waters? Surely it would be important to increase the differential between soft drinks and alcohol rather than to narrow it? Would the Minister tell us what led him to this decision?

An Ceann Comhairle: I think the Minister has answered that.

Dr. FitzGerald: Very inadequately.

[829] An Ceann Comhairle: Are Resolutions Nos. 1 to 5 agreed?

Dr. FitzGerald: No.

[830] An Ceann Comhairle: I am putting Resolutions Nos. 1 to 5.

Question put: “That Financial Resolutions Nos. 1 to 5 inclusive be agreed to.”

The Dáil divided: Tá, 77; Níl, 54.

Tá

Ahern, Bertie.

Ahern, Kit.

Allen, Lorcan.

Andrews, David.

Andrews, Niall.

Aylward, Liam.

Barrett, Sylvester.

Brady, Gerard.

Brady, Vincent.

Browne, Seán.

Burke, Raphael P.

Callanan, John.

Calleary, Seán.

Cogan, Barry.

Colley, George.

Collins, Gerard.

Conaghan, Hugh.

Connolly, Gerard.

Cowen, Bernard.

Crinion, Brendan.

Cronin, Jerry.

Daly, Brendan.

de Valera, Síle.

Doherty, Seán.

Fahey, Jackie.

Farrell, Joe.

Faulkner, Pádraig.

Filgate, Eddie.

Fitzgerald, Gene.

Fitzpatrick, Tom (Dublin South-

Central).

Fitzsimons, James N.

Flynn, Pádraig.

Fox, Christopher J.

French, Seán.

Gallagher, Dennis.

Gallagher, James.

Geoghegan-Quinn, Máire.

Gibbons, Jim.

Haughey, Charles J.

Herbert, Michael.

Hussey, Thomas.

Keegan, Seán.

Kenneally, William.

Killeen, Tim.

Killilea, Mark.

Lalor, Patrick J.

Lawlor, Liam.

Lemass, Eileen.

Lenihan, Brian.

Leonard, Jimmy.

Leyden, Terry.

Loughnane, William.

Lynch, Jack.

McCreevy, Charlie.

McEllistrim, Thomas.

MacSharry, Ray.

Meaney, Tom.

Moore, Seán.

Morley, P. J.

Murphy, Ciarán P.

Nolan, Tom.

Noonan, Michael.

O'Connor, Timothy C.

O'Donoghue, Martin.

O'Hanlon, Rory.

O'Kennedy, Michael.

O'Leary, John.

O'Malley, Desmond.

Power, Paddy.

Reynolds, Albert.

Smith, Michael.

Tunney, Jim.

Walsh, Joe.

Walsh, Seán.

Wilson, John P.

Woods, Michael J.

Wyse, Pearse.

Níl

Barry, Myra.

Barry, Peter.

Barry, Richard.

Begley, Michael.

Belton, Luke.

Bermingham, Joseph.

Boland, John.

Bruton, John.

Burke, Joan.

Burke, Liam.

Byrne, Hugh.

Cluskey, Frank.

Collins, Edward.

Conlan, John F.

Corish, Brendan.

Cosgrave, Liam.

Cosgrave, Michael J.

Creed, Donal.

[831] Lipper, Mick.

McMahon, Larry.

Mannion, John M.

Mitchell, Jim.

Murphy, Michael P.

O'Brien, Fergus.

O'Brien, William.

O'Donnell, Tom.

O'Keeffe, Jim.

Crotty, Kieran.

D'Arcy, Michael J.

Desmond, Barry.

Donnellan, John F.

Enright, Thomas W.

FitzGerald, Garrett.

Fitzpatrick, Tom (Cavan-Monaghan).

Flanagan, Oliver J.

Gilhawley, Eugene.

Griffin, Brendan.

Harte, Patrick D.

Hegarty, Paddy.

Horgan, John.

Kavanagh, Liam.

Keating, Michael.

Kelly, John.

Kenny, Enda.

L'Estrange, Gerry.

O'Leary, Michael.

O'Toole, Paddy.

Pattison, Séamus.

Ryan, John J.

Spring, Dan.

Taylor, Frank.

Timmins, Godfrey.

Tully, James.

White, James.

Tellers: Tá, Deputies B. Ahern and Moore; Níl, Deputies L'Estrange and B. Desmond.

Question declared carried.

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