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Dublin: 15 °C Tuesday 18 June, 2013

Government says it can’t remove VAT on defibrillators

“Taxing defibrillators is like putting a tax on saving lives”: the 23 per cent VAT rate which Government says can’t be lifted because of an EU directive.

Image: REDAV via Shutterstock

THE GOVERNMENT HAS said that a 23 per cent VAT rate is to remain on life-saving defibrillators – because their hands are tied by an EU VAT directive.

Earlier this week, TheJournal.ie reported that 19 lives had been saved at Dublin Airport as a result of the introduction of defibrillators there ten years ago. Three lives alone were saved in 2012, including that of an 85-year-old man who returned recently with his family to thank emergency crews.

The Irish Heart Foundation estimates that sudden cardiac death (SCD) kills more than 5,000 people in Ireland each year, including around 100 people under the age of 35.

Dublin Airport is just one of a number of venues around Ireland to be designated a Heartsafe area by the Irish Heart Foundation. The award is designated to communities, schools, workplaces and healthcare facilities where steps have been taken to implement a programme and facilities which help improve the chance of survival of people who suffer a cardiac event. Forty-two groups around Ireland have so far been named Heartsafe venues.

“Chain of survival”

The “chain of survival” promoted by the IHF emphasises the need for several steps in the response to a cardiac arrest, especially the need for members of the public to train in CPR and to administer it as soon as someone collapses. Another part of the chain is the access to defibrillation. As a result, many sports organisations and other groups have fundraised in recent years to buy a defibrillator for their communities.

However, such defibrillators are subject to a 23 per cent VAT rate. Alex White, minister of state at the Department of Health, this week told the Dáil that there is an EU VAT directive which prevents the Government from remove the VAT rate from defibrillators. It also is “constrained” from reducing the VAT rate because while such a reduction is provided for under the same directive, it applies only to medical equipment used exclusively for personal use of someone with a disability. “It does not include defibrillators for general use by voluntary and charitable groups,” he said.

Ciarán Lynch, Labour TD for Cork South Central, suggested to the junior minister that, if VAT laws cannot be amended, that the Department of Health provide some compensation to charitable groups to make up the amount they are forced to pay in VAT. He said:

While I accept that VAT regulations do not allow the Government to waive the VAT requirement, it is perfectly feasible for the government to refund VAT moneys collected from voluntary groups and sporting organisations in the performance of what is a civic duty.

He noted that a 2004 study carried out by the Department of Health recommended that defibrillators and similar potentially lifesaving devices should be “widely available”, especially in sporting venues. He added:

Studies of sudden cardiac death have shown that the time between sudden cardiac arrest and defibrillation is the most critical factor for survival. Medical research shows there is an 80 per cent chance of survival if a defibrillator reaches the victim within two minutes. The same research also demonstrates that the survival rate reduces by approximately 10 per cent for every minute that passes before defibrillation.

Although the survival rate of out-of-hospital cardiac arrest is approximately 7 per cent in Ireland, it should be noted that 123 people were saved as a direct result of the use of defibrillators in the 12 months prior to October 2012. These individuals are still alive as a direct result of having access to defibrillators immediately after experiencing a heart attack.

Alex White said that while he appreciated the health concerns regarding the provision of defibrillators, the proposal to refund charitable organisations for the VAT paid on them would generally not be possible. While there are some cases under which VAT can be refunded, he said that “a defibrillator purchased for general use by a charity or voluntary body would not qualify for a refund under this order”.

“No VAT exemption for charities and sporting and voluntary bodies”

He said that while the refunds proposed by Lynch would not be possible, “Exchequer funding is separately made available to such organisations”. In addition, he added, “the Irish tax code also provides an exemption from various taxes for charities and certain sporting and voluntary bodies, including an exemption from VAT on supplies”.

Dominic Hannigan, Labour TD for Meath East, had previously raised the issue in the Dáil with Minister Noonan, who replied in November last year that “there is no provision in VAT law that would make it possible to exempt from VAT or apply a zero rate to the supply of such products”.

The Irish Heart Foundation (IHF) has also previously included a call for the removal or reduction of the VAT rate on defibrillators as part of a pre-Budget submission to the Government. Chris Macey, Head of Advocacy for the IHF, told TheJournal.ie that the organisation “cannot stress enough the importance of having more defibrillators in communities around Ireland combined with volunteers who know CPR (cardiopulmonary resuscitation)”. He continued:

Every year about 5,000 people die from sudden cardiac death here and about 100 of these happen to people under the age of 35 years. Our message is simple: with more defibrillators and CPR, more lives can be saved. In fact, 123 people were saved as a direct result of the use of defibrillators in the 12 months up to October 2012.

But taxing defibrillators is like putting a tax on saving lives. We need the government to push back at EU level to address this anomaly to remove the VAT barrier for groups and encourage the continued roll-out of lifesaving initiatives like our Heartsafe programme which promotes recognised standards in CPR and in the use of defibrillators in all communities around Ireland.

Community campaigners Beating Again have been canvassing for removal of the VAT rate on defibrillators since last year and received a response from Tanaiste Eamon Gilmore last year in which he said he was bringing the campaign to the attention of Finance Minister Michael Noonan “for his consideration”.

“You can’t put a price on somebody’s life”

Jim Hartnett, who runs the online campaign on the Beating Again Facebook page with Alan Coleman, is a trained EMT (emergency medical technician). He said that he and Coleman wrote to every TD in the country and that the issue has also been raised at the European Commission by Fianna Fáil MEP for Leinster Liam Aylward.

Hartnett first became aware of the VAT rate imposed on defibrillators when he spotted it on an invoice. “It doesn’t make any sense,” he said. “My argument would be that you can’t put a price on somebody’s life. If you save someone’s life – and we see this happening a lot on sports pitches, to younger people – then there is this benefit of this person going on to live a long and productive life.” He said:

The gain would be a lot more than the loss of the VAT on a machine.

While Hartnett said that he and Coleman were continuing to push on the VAT issue, they also have a long-term goal to fundraise for the provision of more defibrillators for communities, clubs and groups. Heartbeat Safety in Kildare has also offered to supply reconditioned defibrillators at a lowered cost. These, says Harnett, are surplus stock that have never been used on a person and are fitted with new pads, gels and batteries.

Read: 19 lives saved since introduction of defibrillators at Dublin Airport>

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Comments (49 Comments)

  • So if the EU tell them to drop thier low Corporation tax rate they would have to do so?????

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  • It seems to me that the Irish Government can pick and choose what EU directives they choose to follow so I see no problem in not charging VAT on this essential piece of equipment!

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    • I agree! Or they could just refund the VAT afterwards??

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    • Bingo, they definitely cherry pick what they implement and offer EU level excuses for everything else. If the EU bring in a common Corporate Tax Directive, do you think we’ll rush to enforce it…. Yeah right we will.

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    • Absolutely, they are really having a laugh with this one Mary! It makes absolutely no sense whatsoever for the government to choose to charge VAT. They are incredibly selective about which components of EU legislation they follow, clearly flaunting some which they shouldn’t and then obeying ridiculous ones such as this!

      Your chance of surviving a cardiac arrest is related to one major factor – how long it takes the heart to get back to a normal rhythm. Which is exactly what the defibrillator is designed to do (shock the heart into a normal rhythm).

      In addition to defibrillation, those chest compressions and rescue breaths (CPR), when done properly increase the chances of getting the heart back into a normal rhythm, and in hospital we administer medications that increase the quality of CPR and try convert the heart rhythm to normal. There are other factors which I’m sure some people will point out are not mentioned (Before you tell me – I do know about them!)

      Frankly, we should petition this. I’m going to call my local TDs about this and write a few strongly worded letters to members of the Dail. The evidence for increased survival rates with rapid defibrillation are all easily available and entirely undeniable. If I were to have a cardiac arrest some day I would certainly want a defibrillator close-by to give me a chance!!

      Also on a side note, I would encourage everyone to do a first aid course that covers how to do CPR properly and how to use a defibrillator. It’s not something you want to be asking Dr Google if/when the time comes that someone needs your help!

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    • Well said Mary.
      The same 23% rate applies to bottled water you pick up in the supermarket every week. I question my local TD on this during the last boil notice we got from the council and I got the same bullshit answer from him.

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    • Government departments buy them

      Sell them at 23% loss

      problem solved

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  • I call shenanigans here! We have a zero vat rate on medical equipment for disabled people. All we need to do is to classify a person in need of difribulation as disabled to avail. Either that or ignore the directive as we seen to do with at lot other directives.

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    • Mack 26/01/13 #

      You may have found a loop hole, you can not shock a healthy beating heart, so casualties would not be “able” to administrator this shock so for a period of unconscious they may be viewed as “disabled” and rely on an able trained person to assist them… if only it would as easy as that. Lads keep up the good fight, hopefully they will listen to the public voices and make the small change. Any news on the Europe front has the minister informed you if it was tabled and and any dialogue on it.

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  • Shut up with your excuses and just remove the VAT. If the EU come complaining then shove a couple of fingers up at them. I wish this gvnmnt would grow a pair.

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  • We are the only eu state to have VAT on motorcycle helmets as well and thay say thay can’t remove it either

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  • God forbid Enda Kenny you ever need a defib somewhere and you dont get one as people felt they couldn’t pay the VAT as it cost too much ! Next on the agenda pay residential tax on graves, they’ll move them into retirement homes bracket.

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  • Communities as usual have to step in where critical government services are not provided, everyone chips in because we care about each other, I think it’s disgusting to have vat on such vital equipment but then our hospitals are full of equipment that has been provided by local charities. My daughter spent 12 days on a life support machine in temple st that wouldn’t have been there only for the Kildare players who performed the field in 2002. I shall always think of them and thank them for their generosity

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  • Good to see that saving a life is considered a luxury item. When will the government learn……

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  • The VRT has being illegal under EU rules for many years but is still maintained here. It seems very much in regards to tax as ” if it suits the Government ignore the EU, and blame the EU if its inconvenient” as in this case.

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  • OK take it at face value that this device can’t be VAT free .. Why not just change the rate from 23% to say Zero for that item ? . VAT would still be in place keeping Brussels happy and Zero rated will help everyone. The Irish government has the power to set its own rate of VAT..,

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  • MK 26/01/13 #

    Ok so vat cannot be reduced/ removed. Why can’t there be a grant to the same value as the vat?

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  • Doesn’t appear to stop them charging illegal vrt on vehicles does it. Sure they ignore we what they want here.

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  • The zero percent only applies to mobility aids for disabled people in schedule two of tax law, of course this could be amended to all equipment. it would shock you the amount of equipment that we pay vat on for the sick and infirm, including items like peg feeding, but sure if the Eu day so Ireland is whipped by the Eu

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  • They could very easy refund the vat if they wanted to.
    This government care more about money than the lives of the Irish people

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  • I’m sure there are at least 2 in Leinster house, I hope none of them or their famiky ever need one maybe it would make them think twice, we fundraised for 2 one for the youth club and one for the community centre thankfully neither have had to be used to date (2 years on) but to my mind these are as essential as a fire extinguisher in places were groups of people meet play sports etc and to have to raise almost an extra 1/4 to pay for them is a disgrace.

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  • here we go again the EU telling us what to do ..think its time to walk away and stand on our own feet

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  • ok if they have to charge the 23% VAT do it. But why does the government not bring in a system where a grant can be given to cover the VAT on them in the first place and therefore neutralizing the VAT charge. if the government really want to help the need to think outside the box.

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  • NOW ,what was it i didnt like about the EU,,, GROW A PAIR ENDA !!

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  • We cant drop VAT. Cause we really dont want to. We cat drop VRT. Cause we really dont want to. We cant challenge the massive payoffs our bankers got. Cause we really dont want to. etc etc etc etc etc….

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  • Surely death/dying is a disability. Covers the three impairment, activity limitation and participation restriction.

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  • There should be no vat on any life saving equipment or at least reduced vat motorcycle clothing saves lives defibs save lives steel toe cap boots prevent injury anything that prevent injury or death should be reduced or no vat at all

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  • Another sign of the madness, excess beaurocracy and deep irrationality that lies at the centre of the EU, that has our hands tied here yet again, in relation to something that we want to do in the public interest that would save lives. This is why people like myself are starting to absolutely hate this monstrosity of a cult that is the EU, that is literally sucking the life out of us without serving any higher purpose, other than to secure and extend the interests of large corporations, money markets and banks, while bleeding citizens dry to accommodate these leeches.

    Another example of it is VAT on gym membership, in a time of chronic obesity levels, you’d think the smart thing to do would be to abolish VAT on membership, make it more affordable to join a gym, maybe even do something reallly creative like make gym businesses exempt from commercial rates, but nah, we’d have to run it by the EU who would surely have something to say about it and then we all pay for the problem of obesity as taxpayers when the obesity problem hits the health service and it costs much more to treat than the cost of VAT on gym membership.

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  • Every single person should be able to do CPR, don’t worry there is no need to do mouth to mouth!

    http://youtu.be/hH8nhBw2kGg

    Watch the video, it may save a life!

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    • Mack 26/01/13 #

      Everyone should be aware of just using chest compressions but those who can are encouraged to give early breaths as well, it extends the chain of survival by a large factor and has been noted in A&E that patients make better recovery … if people are uneasy about giving rescue breathing please please and please again start chest compressions, or carry a pocket mask with you. Will post article below once I find it again.

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    • Mack 26/01/13 #

      Can’t find the medical article from the A&E reports, but they still recommend rescue breathing for infants and children, if your trained you increase their odds of survival if your untrained please start on chest compressions after 112 or 999 is called, doing something is better than nothing. Two songs for the rhythmic compression, “stay alive” or “Nelly the elephant” please take the time to at least view YouTube on how to do it and I’d encourage as many as possible to follow that up with a bit of training. Plenty of course run in scout dens / secondary schools / libraries, if you have a community group then trainers will come to you for a small cost.

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  • Rubbish. They could choose tondr it tomorrow. Another example of a “government ” completely out of touch.

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  • Can anybody explain why registered charities in England are entitled to a refund of VAT? Is England not in the EU?

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  • It should be a no-brainer really but for some reason there is substantial dragging of feet. Think about it: someone dies and you cannot put a price on that. But supposing they are saved and continue to contribute to society and you are talking about a substantial amount of money they they will give back especially so if they are young and working. As well as that, by virtue of the fact that the defibs are there at all means that someone has to be trained in their use and as part of this training you learn how to deal with airway obstructions. This would make everyone who takes part in training a valued member of their community or club but such people should not be the exception.

    Perhaps schools could play a big part especially with TY students learning the techniques. Beating Again will continue to campaign and we will, through our Facebook page keep people informed of it. Thanks to Susan Daly for this.

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  • Once again the downside of the EU shows through. EU Directives are issued by un-elected bureaucrats at the behest of un-elected Commissioners. This is a clear demonstration that what should be the tail is wagging the dog. Or what comes out of the back of the dog controls what should go in at the front! Did MEP Aylward follow up? EU Commisioners. Should be told, not do the telling !!

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  • This is incredibly counter productive. There is a pilot scheme ongoing in the midlands at the moment. It seeks to identify the locations of defibrillators to the HSE so that they may be activated in an emergency prior to the arrival of an ambulance. If successful this will be extended of the rest of the country. Knowledge of what communities have responder schemes, defibrillators and people trained to use them can be of significant assistance to the emergency services because of their early intervention. It makes sense to everyone bar the state that more communities would find it easier to obtain a defibrillator. Though I fear that the information will be used to reduce ambulance cover.

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  • Amazing they must be right though really

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