Finance Act 2022

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Objectives of section 101, purposes for which its provisions are enacted and certain duty of Minister for Finance respecting those provisions’ operation

100. (1) (a) The objectives of section 101 are to provide necessary assistance to the economy so as to mitigate the effects on the economy of the impact of the exceptional rise in global energy prices, consistent with the Temporary Crisis Framework (within the meaning of section 101 ).

(b) The purposes for which the provisions of section 101 (in this section referred to as the “Temporary Business Energy Support Scheme”) are, in furtherance of the foregoing objectives, enacted are:

(i) in addition to the provision of basic mechanisms to fulfil those objectives, to ensure the efficient use of the Temporary Business Energy Support Scheme so as to minimise the cost to the Exchequer of the scheme (so far as consistent with fulfilment of those objectives);

(ii) having regard to the Temporary Crisis Framework, to take account of the need to reflect further changes in energy prices and the consequential impact on persons carrying on a trade or profession (both within the meaning of section 101 ) to whom payments under the Temporary Business Energy Support Scheme are being made;

(iii) to take account of changes in the State’s economic circumstances and the demands on its financial resources which may occur in the remainder of the current financial year and thereafter.

(c) It shall be the duty of the Minister for Finance, in consultation with the Minister for Enterprise, Trade and Employment, to monitor and superintend the administration of the Temporary Business Energy Support Scheme (but this paragraph does not derogate from the function of the care and management conferred on the Revenue Commissioners by section 101 ).

(d) Without prejudice to the generality of paragraph (c), the Minister for Finance shall cause an assessment, at such intervals as he or she considers appropriate but no less frequently than every 3 months beginning on 20 October 2022, of the following, and any other relevant matters, to be made—

(i) up-to-date data compiled by the Department of Finance relating to the State’s receipts and expenditure,

(ii) up-to-date data provided by the Minister for Environment, Climate and Communications on the trajectory of energy prices,

(iii) such other data as the Minister for Finance may consider relevant in relation to the impact from, and effects of, increased energy prices on the economy, including by reference to—

(I) an assessment, on economic grounds, of the Temporary Business Energy Support Scheme that may be commissioned by the Minister for Finance and any opinion as to the sustainability of that Scheme expressed therein, and

(II) up-to-date data from the register commonly referred to as the “Live Register” and data related to that register supplied to the Department of Finance by the Department of Enterprise, Trade and Employment (whether data compiled by that last-mentioned Department of State from its own sources or those available to it from sources maintained elsewhere in the Public Service).

(e) Following an assessment under paragraph (d), it shall be the duty of the Minister for Finance, after consultation with the Minister for Enterprise, Trade and Employment, the Minister for the Environment, Climate and Communications, and the Minister for Public Expenditure and Reform, to determine whether it is necessary to exercise the power so, as appropriate, to—

(i) fulfil better, the objectives specified in paragraph (a), or

(ii) facilitate the furtherance of any of the purposes specified in paragraph (b),

and if the Minister for Finance determines that such is necessary, the power under subsection (2)(a) shall become and be exercisable by the Minister for Finance.

(2) (a) Where the Minister for Finance makes a determination of the kind lastly referred to in subsection (1)(e), the Minister for Finance shall, as he or she deems fit and necessary—

(i) make an order providing that the day referred to in the definition of “specified period” in section 101 (1) as the day on which the period therein referred to shall expire shall be such day as is later than 28 February 2023 (but not later than 30 April 2023) as the Minister for Finance considers appropriate and specifies in the order,

(ii) make an order providing that an amount, being such amount as the Minister for Finance—

(I) considers necessary to—

(A) fulfil, better, the objectives specified in subsection (1)(a), or

(B) facilitate the furtherance of any of the purposes specified in subsection (1)(b),

and

(II) specifies in the order,

shall stand substituted for an amount for the time being specified in paragraph (a) of section 101 (9), represented by “B” in the formula in paragraph (b)(i) of section 101 (9) and specified in paragraph (b)(iii) of section 101 (9) (and which amount, so specified or represented as the case may be, is greater or lower, as the Minister for Finance considers necessary, than the amount concerned for the time being specified or represented in the foregoing provisions) and references in this subparagraph to the amount concerned for the time being specified or represented in the foregoing provisions are references to the amount concerned for the time being specified or represented in those provisions, as enacted, or in consequence of a previous order that has been made under this subparagraph,

(iii) make an order providing that an amount, being such amount as the Minister for Finance—

(I) considers necessary to—

(A) fulfil, better, the objectives specified in subsection (1)(a), or

(B) facilitate the furtherance of any of the purposes specified in subsection (1)(b),

and

(II) specifies in the order,

shall stand substituted for an amount for the time being specified in paragraph (b)(i) of section 101 (9) (other than the amount represented by “B” in the formula in paragraph (b)(i) of section 101 (9)) (and which amount, so specified, is greater or lower, as the Minister for Finance considers necessary, than the amount concerned for the time being specified in the foregoing provision) and references in this subparagraph to the amount concerned for the time being specified in the foregoing provision are references to the amount for the time being specified in the foregoing provision, as enacted, or in consequence of a previous order that has been made under this subparagraph.

(b) Where an order under paragraph (a) is proposed to be made, a draft of the order shall be laid before Dáil Éireann and the order shall not be made unless a resolution approving of the draft has been passed by that House.