Times the Irish government broke the law

This information is this Article will no way be comprehensive.

Esat Digifone

In 1995 the then government, with Michael Lowry as Minister for Transport, Energy and Communications, authorised a second mobile phone network, to compete with Eircell owned by the semi-state Telecom Éireann. The licence was awarded to Esat Digifone, a joint venture between Denis O’Brien’s company Esat Telecommunications and Norway’s Telenor, which began operations in 1997.

The Moriarty Tribunal found almost beyond doubt that O’Brien’s was awarded this contract due to payments he made to Michael Lowry, the then communications minister, who unduly influenced the bidding process.

Charles Haughey

Charles James Haughey was an Irish Fianna Fáil politician who served as Taoiseach on three different occasions, 1979 to 1981, March 1982 to December 1982 and 1987 to 1992.

Haughey’s personal wealth and extravagant lifestyle (he owned racehorses, a large motor sailing yacht Celtic Mist, an Inishvickillane island and a Gandon-designed mansion) had long been a point of speculation. He refused throughout his career to answer any questions about how he financed this lifestyle on a government salary.

His Financial scandals are too much list but here some highlights.

The subsequent Moriarty Tribunal delved further into Haughey’s financial dealings. In his main report

  • Haughey was paid more than IR£8 million between 1979 and 1986 from various benefactors and businessmen, including £1.3 million from the Dunnes Stores supermarket tycoon Ben Dunne.[45] The tribunal described these payments as “unethical”.  That 8 million in today money would be more than €36,692,410.12
  • In May 1989 one of Haughey’s lifelong friends, former government minister Brian Lenihan, underwent a liver transplant which was partly paid for through fundraising by Haughey. The Moriarty tribunal found that of the £270,000 collected in donations for Brian Lenihan, no more than £70,000 ended up being spent on Lenihan’s medical care. The tribunal identified one specific donation of £20,000 for Lenihan that was surreptitiously appropriated by Haughey,who took steps to conceal this transaction.[
  • The tribunal found evidence of favours performed in return for money – Saudi businessman Mahmoud Fustok paid Haughey £50,000 to support applications for Irish citizenship.[50]
  • In other evidence of favours performed, the tribunal reported that Haughey arranged meetings between Ben Dunne and civil servant Seamus Pairceir of the Revenue Commissioners. These discussions resulted in an outstanding capital gains tax bill for Dunne being reduced by £22.8 million. Moriarty found that this was “not coincidental”, and that it was a substantial benefit conferred on Dunne by Haughey’s actions.
  • Allied Irish Banks settled a million-pound overdraft with Haughey soon after he became Taoiseach in 1979; the tribunal found that the lenience shown by the bank in this case amounted to an indirect payment by the bank to Haughey. With Inflation that one million would be worth more than 4.5 million in today money

Apple ordered to pay €13bn after EU rules Ireland broke state aid laws

The world’s largest company was presented with the huge bill after the European commission ruled that a sweetheart tax deal between Apple and the Irish tax authorities amounted to illegal state aid.

The commission said the deal allowed Apple to pay a maximum tax rate of just 1%. In 2014, the tech firm paid tax at just 0.005%. The usual rate of corporation tax in Ireland is 12.5%.

“Member states cannot give tax benefits to selected companies – this is illegal under EU state aid rules,” said the European competition commissioner, Margrethe Vestager, whose investigation of Apple’s complex tax dealings has taken three years.

VRT (Vehicle Registration Tax)

In 2017 Europe’s highest court has ruled against Ireland in a long-running dispute over whether operators importing cars from Northern Ireland should have to pay the full amount of VRT up front, even if the vehicle was only being leased for a limited period of time.

Ireland was in breach of EU law by charging the full vehicle registration tax (VRT) on vehicles that enter the State on a temporary basis, an advocate general with the European Court of Justice has said.

The European Court of Justice ruled that by imposing an obligation to pay the full amount of tax up front, Ireland was in breach of EU law.

The court heard that Ireland had imposed the rule to protect companies south of the border because the level of Vehicle Registration Tax was cheaper in Northern Ireland.

The Commission regarded Irish rules as making it considerably more difficult and costly to hire or lease cars from companies outside Ireland.

This in turn infringed the EU freedom to provide services.

EU investigates Irish motor insurers over alleged cartel

THE EUROPEAN COMMISSION has opened a formal investigation into Insurance Ireland’s data pooling system.

The investigation will assess whether the association is operating a cartel with the conditions of access to its data pooling system. The Commission will look at whether these conditions restrict competition, which would be a breach of EU rules.

While the EU still has to rule on this case as it on going at this current time it most likely rule the same way as VRT. This in turn infringed of the EU freedom to provide services across the Eu.

Irish Constitution

“In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.

The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.”

The State is breaking the rule everyday. Women have to work everyday due to economic necessity.

References

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