The Department of Finance published the Revised General Scheme of Finance (Tax Appeals and Fiscal Responsibility) Bill 2024 last week proposing a number of changes to the legislation governing the tax appeals process and the Tax Appeals Commission (TAC). The Bill contains some substantial proposals, not least of all is the reconsideration of tax appeals being held in camera as a matter of course (discussed in more detail below).
Included in the changes is the provision to allow the Appeal Commissioners to meet at least twice annually and contingency provisions regarding the management of the Commission in the absence of a chairperson.
Regarding the current practice of holding tax appeals in camera, the Bill also includes proposed amendments arising from the 2021 Supreme Court judgment in Zalewski v the Workplace Relations Commission (“Zalewski”) in which the majority held that the exercise of powers by Adjudication Officers pursuant to the Workplace Relations Act, 2015 as amended (‘the 2015 Act’) was the administration of justice within the meaning of Article 37 of the Constitution. The judgment in Zalewski concerned the appropriateness of proceedings being held in camera, and the following passage reflects one of most significant proposals in the Bill:
“While there may be cause for hearings to be held ‘in camera’, per request of the parties to an appeal, in line with Zalewski it is appropriate that Appeal Commissioners have discretion to direct that an appeal should be heard ‘in camera’ on the request by a party or parties to an appeal, or to direct that an appeal should be heard in public where they believe it is in the interests of justice to do so.”
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