ICAI welcomes Law Reform Commission report

The Institute of Chartered Accountants in Ireland (ICAI) has welcomed today’s publication of the Law Reform Commission Report on a Fiscal Prosecutor and Revenue Court.

While the Institute said its members would be studying the report carefully, it added that it supported the recommendation not to establish a separate fiscal prosecutor and the proposals in respect of Appeals Commissioners, particularly in relation to the right to appeal a Revenue penalty to the Commissioners.

The Institute, however, was more cautious about the decision in respect of the Revenue Court.

Commenting on the recommendation, ICAI president Terence O’Rourke said: “While the Commission’s desire to see Revenue offences dealt with in the same fashion as other offences is understandable, it needs also to be accepted that tax offences often give rise to particularly complex legal issues.

"While we accept the Commission finding, the complexity of Revenue and fraud cases is such that they may not be suitable for jury trials and will require that judges assigned to them have particular expertise in Revenue matters.”