Akash Samaroo
Lead Editor - Politics
The Finance Bill was passed in the Senate, but without Opposition support.
Independent Senator Dr Desirée Murray abstained and was the lone person on the independent bench not to support the Bill.
The Finance Bill gives effect to measures announced in the National Budget read by Finance Minister Davendranath Tancoo on October 13. It also introduces several new or adjusted levies and taxes.
The Finance Bill introduced several new revenue measures, including a rental income surcharge, an electricity surcharge for commercial and industrial users, and a single-use plastics tax. It also raised duties on rum, spirits, beer, and cigarettes.
Additionally, the bill substantially increased fines and penalties for a range of traffic offences, a move the Government said is intended to promote safer driving and deter reckless behaviour on the nation’s roads.
The bill also changes the composition of the Board of Inland Revenue (BIR). Previously, it was made up of five commissioners, all of whom were public service officers from within the tax administration.
Now the board will be expanded and reconstituted. The Finance Bill expands the Board of the BIR from five to nine members. It will now include six public officers from within the BIR, an attorney with at least ten years of experience, an accountant with a similar level of professional experience, and a Permanent Secretary from the Ministry of Finance, who will serve in an ex officio capacity.
The Opposition has slammed this as political interference, with former minister of finance Colm Imbert warning that these “political appointees” will be able to access private citizens’ tax information.
During yesterday’s debate, Independent Senator Francis Lewis also raised concerns about changes to the BIR board.
Senator Lewis said, “I have concerns on the new commissioners and the Permanent Secretary of the Ministry of Finance being on the board. The information that goes to the board is highly confidential, be they settlements, be they agreements, be they tax disputes, be they simply records.”
He added, “And I certainly have enormous regard for the people in the Ministry of Finance that I've met, particularly at a senior level. But I am somewhat uncomfortable with Ministry of Finance people being on the boards. There's an old phrase, you cannot run with the hares and hunt with the hounds.”
In winding up the debate late last evening, Planning Minister and Minister in the Ministry of Finance, Kennedy Swaratsingh said the law does not prevent a public servant from also being appointed to the position of the attorney or accountant.
“Therefore, those persons can also come from the public sector. This is similar to the composition of the Securities and Exchange Commission, pursuant to Section 10.1.A of the Securities Act. Secondly, the Integrity Commission, pursuant to Section 4.2 of the Integrity in Public Life Act, which both requires an attorney at law of at least 10 years standing.”
Furthermore, Swaratsingh said these board members, by law, cannot divulge private information.
“These persons, even if they were to come from the private sector, would all be subject to the Section 4 of the secrecy requirements. Similarly, they would also be subject to the same criminal offences if they were to breach the requirement. And finally, the introduction of the Disclosure of Interest requirements further safeguards the board and its decisions from situations where commissioners are conflicted.”
The Opposition had slammed the Finance Bill as a “tax attack” on the people.
Earlier in the debate, Opposition Senator Dr Amery Browne said, "Mr President, the minister with responsibility for the economy did not give any defence for a number of these ill-conceived measures, which are designed to inflict hardship on the people of this country. This is a wicked Government, bereft of ideas, lacking in vision, and no military radar will assist them in finding their way."
