The Irish Public
Accounts Committee (PAC), which has conducted an investigation
into widespread tax evasion, has made clear that tax cheats face
jail terms as part of the radical overhaul of the entire revenue
system now planned in the wake of the DIRT scandal.
In an unprecedented
move, the PAC, chaired by Jim Mitchell, will summon the country's
two top law officers, the DPP James Hamilton and Attorney General
Michael McDowell, to public hearings.These will examine the failure
of the Revenue Commissioners to obtain convictions with jail sentences
for serious tax offenders. Mr Mitchell says the tax culture in
Ireland must change: 'Jailing simply has to be more a feature
of serious revenue offences if there is to be a real deterrent.'
The planned hearings
will mark a new phase of the DIRT inquiry aimed at identifying
the kind of legal and other changes necessary to ensure that fundamental
changes are introduced in the tax collection and enforcement system.
A detailed report by a steering committee on the future of the
Revenue Commissioners has just been published, which proposes
some key changes including a new Revenue Act to update and modernise
the existing system; a new prosecution division in the Revenue
Commissioners with sufficient audit, legal and intelligence back-up
and a new management structure for the Revenue Commissioners including,
for the first time, the appointment of three outside Commissioners
to a new Governing Board.
The report said the
major obstacle to mounting successful prosecutions was "securing
the very detailed evidence and onerous proofs required" to
bring about a conviction. While few difficulties are encountered
with prosecuting minor revenue offences - such as failure to file
proper tax returns - experience has shown Revenue officials face
far more fundamental problems in bringing more serious charges.
The report states: 'The issues here go beyond Revenue prosecutions
and are common features of the prosecution of "white collar"
crimes. Essentially, evidence once obtained must be proved in
order to be introduced into a criminal trial.'
PAC Chairman Mitchell
says the existing tax culture in Ireland is one where the Revenue
are willing reach financial settlements with major offenders rather
than pursue convictions and jail sentences and this has to change.
Finance Minister Charlie McCreevy has pledge to examine what recommendations
come from the PAC on further changes in the Revenue Commissioners
and tax laws and he will then make proposals to the government.