FF’s Collins faces six months in jail and 3,500 fine
Two months after it emerged that he had made a 130,000 tax settlement with the Revenue Commissioners, the Standards in Public Office Commission has asked the DPP to consider the evidence of tax compliance provided by Mr Collins to see if a charge should be brought against him for making a false declaration.
If the DPP decides the Limerick West TD has a case to answer and if he is convicted, Mr Collins could face a fine of more than 3,500 or six months in jail.
Yesterday Mr Collins said: "It would be inappropriate for me to make any comment."
Every TD is required to provide the Standards in Public Office Commission (SPOC) with a tax clearance certificate within nine months of an election and swear an oath within a month of polling that they are tax compliant.
But the Revenue Commissioners revealed on September 26 that Mr Collins was a holder of a bogus non-resident account and had made a settlement of 130,000 with them.
This was after the Limerick West deputy had made a sworn declaration that his tax affairs were in order and had provided the Commission with a tax clearance certificate from the Revenue Commissioners on June 14, 2002.
When the commission became aware of this they sought legal advice about the evidence of tax compliance they had received from Mr Collins after his election to the Dáil.
The Commission decided yesterday to refer the matter to the DPP because it does not have the power to investigate the validity of evidence of tax compliance provided by Mr Collins under the Ethics Acts.
The commission has also referred the matter to the Dáil Committee on Members' Interests which has the power to investigate if any TD has contravened a provision of the Ethics Acts.
This committee has the power to suspend a member from the Dáil for breach of their code of conduct this happened three years ago to former Fianna Fáil Deputy Denis Foley when it emerged he held an Ansbacher account.
It was not clear yesterday if the Dá il Committee would consider the Mr Collins case before the DPP makes his ruling.
Mr Collins resigned the Fianna Fáail party whip last September after it emerged that he had made the 130,000 settlement. He said he had complied at all times with the Commissions' legal requirements.
Fianna Faáil also indicated at the time that its Standard in Public Life Committee would consider Deputy Collins' case.
This committee has wide-ranging powers including the power to ask a deputy to resign.But that internal Fianna Faail investigation was suspended once the SPOC indicated that it was examining the matter.
"This will remain suspended until the DPP has made a decision on this case," a Fianna Fáil spokeswoman said.