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Dublin: 3 °C Saturday 25 May, 2013

Wallace may face Dáil censure – and could lose seat after court action

The Wexford TD could either face bankruptcy action or a criminal prosecution – both of which would see him quit the Dáil.

Image: Sam Boal/Photocall Ireland

UNDER-PRESSURE WEXFORD TD Mick Wallace has insisted he will not resign from the Dáil – but could face a motion of censure over his actions, and potentially face court proceedings that might result in him losing his seat.

The TD yesterday admitted that his construction company MJ Wallace – of which Wallace is the sole director – had under-declared its VAT by around €1.4 million, and had reached a €2.13 million settlement with the Revenue.

The TD has faced heavy criticism over his actions, though he has refused to consider resigning – claiming he had not personally acted illegally, though his company had – it is reported today that he could face two separate actions which may result in him losing his seat.

Wallace yesterday said he believed it unlikely that his company would ever be in a position to pay the settlement – though the Irish Examiner reports that the Revenue could pursue the company’s directors, i.e. Wallace himself, if the company cannot pay up.

That could result in the Revenue bringing proceedings against Wallace himself seeking the payment – but with Wallace already the subject of a €19.1 million judgement secured by ACC Bank, that could result in bankruptcy proceedings.

Though this process could take several years, Wallace would be legally barred from membership of the Dáil while his bankruptcy status remains in place.

Up to five years’ jail

The Irish Times reports, meanwhile, that Wallace could potentially face imprisonment of up to five years if criminal proceedings are brought against him for knowingly under-declaring VAT.

Though it notes that his co-operation with the Revenue could mitigate against any sentence, any jail term of over six months would also see him disqualified from membership of the Dáil.

The Times also reports this morning that the Dáil’s committee on procedure and privileges, which could consider a motion of censure – something which has only previously been done once during this Dáil’s lifetime, against Michael Lowry following the report of the Moriarty Tribunal.

Thomas Pringle, another independent TD who chairs the Dáil committee on members’ interests, said his own committee was unlikely to be able to consider any sanction against Wallace, because his under-declaration had been done before he became a TD.

Both Pringle and the ULA’s Joan Collins told Newstalk’s Breakfast show they would consider supporting a motion of censure against Wallace if one was brought.

In a statement last night the technical group condemned Wallace for his actions, saying they did not condone his behaviour, but underlining that they were not in a position to remove him from the group because it was not a political party.

Wallace himself will not be in Ireland while his political future is questioned – as he is due to travel to Poland today to attend the Republic of Ireland’s matches in Euro 2012.

Read: Technical Group colleagues condemn Wallace – but won’t call on him to resign

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Comments (88 Comments)

  • For Mick Wallace to claim with a straight face that he didn’t act illegally but his company did, Fianna Fail at its worst wouldn’t be able to top that.

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    • my god Im agreeing will Paul Carr…

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    • Paul, agreed … Also, Moriarty, Mahon etc etc … What ever happened to the FFg TDs mentioned in those reports?
      I understand Enda saw fit not to expel one of his own, even though we the tax payer spent almost 300 million trying to uncover the truth, because thieves and liars from across FFg/FF/Labour were not forthcoming with teh truth. Should we allow these thieves and liars to stay where they are? Or should we be demanding the the parties involved foot the 300million bill?

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    • It’s seriously hypocritical from Wallace alright. He’s pontificating away in the chamber about the plight of the ordinary person but then gives them this two fingered salute before jetting off to Poland. €1.4m under-declaration and €2.1m settlement he has no intention of paying. How many Gardaí, nurses and teachers does that add up to I wonder? This man can never talk about cuts to front line services again! His position is untenable at best. When he was going for election I was all for giving the man due process that everyone is entitled. That due process has found him guilty of tax-evation. How he can claim with a straight face that he’s not responsible but the company, of which he is the only director, is strikes of either incredible delusion or utter disdain for the people.

      Cal, I’m glad to say that those who had findings made against them of corrupt behaviour have been hounded out of my party since Mahon. The great shame is that the cowards jumped before they could be pushed. I recall Wallace as being critical of FF in the after math of that report, tarring an entire political party of 70,000 people with the actions of a minority, albeit influential minority. Where are this man’s unwavering morals now I wonder? That’s right, on their way to Poland paid for by tax payers money!

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    • Eoin, thanks for the feedback… But just one point to note from a story on yesterdays Journal…

      FF returned a paltry0.5% of expenses to the tax payer in the last 12 months… 5 times lower than the next lowest party, which happened to be FFg. I understand your commitment to routing out corruption, but i honestly don’t think the Dail TDs are of the same mind-set. They are still money grabbing. You guys really need to clear house. The only TD in FF to return ANY money was Miceal Martin. All other 19 TDs used every single penny. This is a total disgrace. I am afraid FF still have a long way to go, before they really change.

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    • Cal, I don’t have the information to hand but you might. Did the other FF TD’s claim the full whack of unvouched expenses in the first place? If not it would appear that they would have claimed only what they actually needed originally instead of lumping up for all they could. I however do not know. There is a motion before the party currently however that would bar all elected reps from claiming unvouched expenses in future.

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    • Eoin – The full expenses breakdown is contained in the spreadsheet at the bottom of our story yesterday.

      http://www.thejournal.ie/one-third-of-tds-return-e210k-in-unused-expenses-for-2011-477434-Jun2012/

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    • Thanks Gavan. Had a very brief look there. Seems that only 4 Fianna Fáil TD’s claimed any unvouched expenses according to the first few columns in that spreadsheet. Think 3 TD’s made returns. Hardly seems like the entire FF party is at the trough as Cal above would make out. In future, unvouched expenses claims by Fianna Fáil elected public reps will be against party rules.

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  • Absolutely. He needs to go. The last thing we need is more dodgy politicians. I wonder if his reason to enter politics was to try and avoid his tax bill ….

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  • Turns out Cartman was right. You can’t trust those hippies.

    Get a haircut.

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  • I don’t like the use of ‘may’ and ‘could’ in the title, my thinking is that they should be replaced with ‘will’ and ‘will’. And to add icing to the cherry a 5 year sentence wouldn’t go astray. Good for public morale to see a member of the Dail not be allowed weasel away from a criminal offence unpunished. Given the amount of money involved he shouldn’t be allowed to leave the country.

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  • David 08/06/12 #

    The sooner he’s gone the better. Trying to walk away from his massive debts and taxes while the rest of us struggle with ours. He needs to be made an example of.

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    • I don’t think Mick is cut out for the Dail and being a TD. He never followed the 1st Rule of being a TD.
      RULE 1 – When asked about a question, which you know to be TRUE, but would show YOU to be UNTRUTHFUL. You either (1) Deny all knowledge of the matter. (2) Make up some grand story which calls for years and years of Tribunals to uncover what everybody already knew.
      NEVER EVER ADMIT TO DOING SOMETHING, AND IN DOING SO TELLING THE TRUTH! TD’s are supposed to be sneaky, conniving, two faced, immoral, underhanded, scheming F%$ks Although what he did was wrong, he is not cut from the same immoral cloth as most of them, who inhabit the seats of the Dail. The majority of whom, would have followed Rule No.1

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  • I wonder If I owed money to the tax man would I escape jail or still have my job ………………….I’ll say I doubt it or be able to swan off to the euros- and blame the company
    I know I’m going to start my own company called -” Screw u” building supplies- pay no bills or tax-and blame it all on the company and walk away ……….this country is a disgrace I know I’m only messing – and I know he did a lot for the community in Wexford to- but we have to have some rules people just can’t do what they like and get away with it-

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  • All in the same bed.Been like that for years.The are untouchable.They do what they like.Does not matter a shite what we think.

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  • Mick 08/06/12 #

    He should stop with the hypocrisy and stand down, he is a bigger liability to the opposition than ever now.

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  • Both Pringle and the ULA’s Joan Collins told Newstalk’s Breakfast show they would consider supporting a motion of censure against Wallace if one was brought…………
    well what are ye waiting for Pringle and Collins???………

    same ol same ol…………..

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  • I see in the Indo this morning that at the same time the writing was on the wall and he was fiddling his taxes and his employees’ pensions (for their own good, honest) to buy himself time (to what? get himself a cushy €460k five year contract as a politician while he still could, by the looks of it) he doubled his own wages.

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  • mcbab 08/06/12 #

    Wallace is a showman and always was. The people of Wexford fell for it and he has let them down. If he has any respect for the people who elected him he should resign. He is rubbing salt into the wound by travelling to the Euros. Such arrogance.

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    • McBab… agreed …

      Enda must also resign too… We spent 300 million digging through the filth of Moriarty and Mahon… and my understanding is that Enda saw fit not to expel or censure one of the FFg TD’s named as having taken a bribe.
      Do you not think it would be hypocritical to lambaste Wallace, while deliberately ignoring the corruption and lies in FFg?

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  • So he did this to keep people in jobs and not pay himself and son 290K?! This guy needs to resign and get prosecuted for this. I’m actually more disappointed in the other independent TDs who are saying nothing, I.e. looking after their buddy, typical Irish politics.

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  • Are we going to stand by while another criminal walks away scott free?!

    Folks, we need to change this system now! We need to show them that we’re not taking this crap anymore!

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    • Totally agree Mick! I heard Catherine Murphy on RTE radio this morning trying to condemn Wallace without actually condemning him! It was completely farcical and had me cringing like never before! I really do think that TD’s believe they’re above The law!

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  • He has to go. Now for the rest of the corruptors to follow. And Boyd-barrett with 30k expenses..hypocrite, shame on you Richard, shame on you

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  • The political system is corrupt in Ireland from the top down. They are all the same just wrapped differently!!

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    • What are we going to do about it?

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    • We put them there, we can only change it but we will do nothing, as usual :-(

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    • We won’t do a thing about it apart from piss and moan about it on this. We need to take a leaf out of the french and Greeks book when it comes to protesting. Nothing will change the politicians will come and go making lots of money and retiring on fat pensions while the ordinary joe soap struggles to make ends meat.

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    • To be fair, what has this got to do with the political system?
      He ran his company into the ground and dodged tax before he entered politics.
      He was elected by his constituency while everyone knew he was in massive debts.
      He didn’t use his political office to run up these debts or tax dodge.
      It’s very simplistic to say its the blame of the political system.

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    • Danny, the political system created the environment that allows particular people break the law and dodge the consequences. It is everything to do with politics.

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  • Fine Gael and Labour are currently pissing their pants with laughter. Good thing it’s raining.

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  • Off to prison with you and no Government pension!

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  • How this plays out will tell us a lot of what kind of country Ireland is. I am sure the elite will close ranks and protect one of their own.

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    • Nah he’s an independent, a pink shirt wearing rebel with a rockin fro, they’re mad to get rid of him I’d say.

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    • The excuses TD’s are using to avoid the issues here are sickening! Mick Wallace has quite clearly admitted stealing a huge sum of money, plain and simple fact! The debate as to wether he should be allowed to remain a TD is totally irrelevant! Even if he had the resources to pay this money back it makes no difference! He has admitted to committing a serious crime which invariably carries a long prison sentence! Why he hasn’t been arrested and charged yet defies all forms of logical thinking!

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    • In the words of the Boomtown Rats song “Bananna Republic Septic Isle ” how true it all is now

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    • He got immunity from prosecution from the tax office when he came to a deal. This is how business men who break the law are handled. Remember Bertie’s tax amnesty. Wholesale law breaking was ignored and the law breakers got a discount. Sure we are a very understanding and tolerant people!

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  • Always thought it was bizarre that in the middle of Ireland’s worst economic crisis in which developers had a significant role to play we decided to elect one as a TD. We really can be a nation of suckers.

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  • Absolute rubbish this,again we have a public figure who and do correct me, has carried out criminal activity in tax evasion.
    I underpaid, a mistake on my part, by 150 euros last Sept and the hoola it created was farcical. Now he is off to the Euros while WE pay him to do it.

    Honest to God, the public figures in this country are embarrassing.

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  • Yeah, he was caught and is guilty. Should pay the price, what ever that price is as afterall he was head of a private company.

    But what gets me is this crowd of overpaid, underworked illionaire gombeens that defraud the State with fraudulent ‘expenses’ claims week in week out for decades while they are a (Self)’serving’ member of the Dail /local government.

    We have, ahem, a FG, ex-radio host who has gone to England to serve his time as a bankrupt individual while still drawing his ministerial pension while he owes us, the state, a fortune. No word from FF / FG / LP……
    We have the non-tax compliant Bertie-the-book-keeper who still owes our State 100,000s while he has kept his pensions. No word from FF / FG / LP……
    We have numerous of people who were exposed in the moriarty tribunal who still are on the payroll and, again, not a word from the other politicians.

    Guys who had a staring role in enslaving me, my children and my grandchildren to forginers are still getting paid.
    So when we start, shouldnt we start with the people above?

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  • I blame the people of Wexford who voted for this idiot

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  • Bit off topic but I was thinking, do any of our politicians have an account on this site?
    I’m sure they all have smartphones and it would be a great way of keeping an ear on the ground.
    Probably trolling using a pseudonym!

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  • What I find most sickening is that at the time he couldn’t pay VAT, himself and his son (the 2 directors) in 2008 incresed their own pay substantially. This suggests that he knew it was going to go belly up, so he sucked all he could out of it. I heard the figure but I forget the exact amount, close to €250K each

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  • Aurfur 08/06/12 #

    I would have thought when anybody was in serious debt all assets should be frozen, passport and driving license held by a mentor to prevent travel and car hire. A mentor should be appointed to scrutinise and authorise necessary expenditure. How can anyone in such serious financial problems spend money they can’t afford on frivolous journeys. Take his car keys away, itemise all his assets in preparation for paying creditors. Fast track bankruptcy, and get the recipient on a debt free basis asap.

    There are probably plenty of suitably unemployed persons who could be used by the state as mentors (to qualify for their social benefits). As an incentive a percentage payment from the sold assets should be payed to the mentor.

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  • Don’t think he will care, cause he is over at the euros. Tough life

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  • Bertie and Haughey got away with tax dodging, and non compliance. Why shouldn’t Wallce? Maybe he’s more guilty because he doesn’t wear an expensive suit. Smoke and mirrors folks. Keep the sheeple busy with this nonsense while we sell the country.

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    • mattoid 08/06/12 #

      Thats a strange line of reasoning, to say the least.

      Pinkie Wallace has openly admitted to failing to pass on a large amount of money which he collected on behalf of the state (ie. the taxpayer) in the form of VAT, albeit that he was trying to make the bizarre argument that his company was guilty but he wasn’t.

      He needs to face the music now.

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    • I don’t two fiddlers how he looks or dresses John, what upsets me is his behaviour.

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    • Barry 08/06/12 #

      Because you can’t condemn people for tax dodging and be involved with the likes of the united left alliance and then expect to get away with such stuff yourself.

      Two wrongs do not make a right and if the ULA are going to condemn people for stuff the sure as hell better ensure the same rules apply to them.

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    • Wallace isn’t ULA, Barry. Don’t know what got you thinking that.
      But I agree, no need in namecalling when you’re doing it yourself. Still waiting on all those FF pollies to get censured though.

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  • Have to say, its hilarious to see the same people who support a government that has pilfered from the taxtake 10,000 times what Wallace owes and handed it to bankers and bondholders, display such faux outrage towards the bloke.

    Lads, if you consider stealing from the taxman to be such a criminal offence, why don’t you picket the dail demanding the €24 billion back that the government has robbed to give to the banks and demand their resignation as well?

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    • It’s also hilarious to see the same people that won’t declare themselves for the property tax calling for the prosecution of Wallace. So it depends on how you feel about the tax ? It’s ok for some to justify why they are not declaring but not for others.

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    • Jim 08/06/12 #

      Oh please. This is such rubbish. Nobody likes what has happened in this country with bailouts and bondholders but there’s a complete difference between government decisions and somebody deliberately falsifying their VAT returns.

      I’m wondering if this was a FG or FF TD who was in this situation would you be so forgiving? I rather doubt it. Talk about hypocrisy.

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    • By the way I think he should resign immediately

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  • Seanbeag 08/06/12 #

    I wonder has he actually spoken to a solicitor? While it is true that a limited company is considered a separate entity to its owners, this separation can be nullified in cases were criminal actions can be traced to them personally, which appears to be the case here.

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  • I think he spent the 2 million on his hair

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  • Mick Wallace has done wrong and has admitted it without tribunals or enquiries, he did it for the right reasons trying to save his company and jobs, he is a victim of the negligent banks which has cost him dear, mick Wallace is a hard worker who you used to see out laying pavements etc himself, instead of getting the lynch mob ready for him why not go after fingers and fitzer. As regards to comments regarding him being a corrupt politician he hasn’t done anything wrong since being elected unlike most of the others, also the electorate in Wexford that voted for him seem to be very happy to keep mick in the dail. While this is making big news the govt are using it as a smokescreen to hide the fact that enforcement letters will be issued next week to households not registered for the household charge.

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    • So what you are saying here is that it is ok for anyone to break the law along as the admit to it and take no responsibility or any accountability at all?

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    • Jim 08/06/12 #

      Wallace knew exactly what he was doing the whole way along. He doubled the salary paid to himself and his son even as his company was going down the tubes. He deliberately lied on his VAT form, something that if any small business did would see fines and a prison sentence. He’s only come out and admitted this now because it was going to be public knowledge in the next while anyway.

      He’s as corrupt as all the other developers who helped ruin the country, but somehow he’s entitled to a free pass because he’s a nice guy. Give us a break please.

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    • Justin. Valid points. Wallace knows he is in trouble and his position is untenable and he will face prosecution. To label him as a corrupt politician is too easy. I think there is an issue with his bank taking the full proceeds of the property sales in reduction of loans. Surely they have an obligation to allow vat to be collected. I think there is more to this than just tax evasion …..

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  • Could there be an argument to reclaim the vat from his Bank. Did they prefer their loan repayment ahead of other creditors namely revenue?

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  • i dont understand why this is getting so much attention compared to corruption, it seems like he has been affected by the recession, and made some bad decisions. whereas previous ministers and td’s with actual corruption under their belts are either ‘called to resign’ or its just swept under the rug! whats wrong with this country!

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  • Coincidence that he is going to have to make himself scarce just as the Euros kick off? I underestimated the lengths to which this lad will go to catch a few live soccer matches.

    Reply

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