I want to raise a matter to ask for the Tánaiste's support and intervention in respect of it. The matter pertains to the Finance Bill 2014 and was brought to my attention subsequent to that Bill's passage through this Chamber. The Bill is currently before the Seanad and my constituency colleague, Senator Reilly, will address the matter in her contribution to today's debate on Second Stage. We will seek to amend the Bill because the matter is of considerable concern even though it escaped our collective attention in its passage thus far.

I refer to section 74 of the Bill, which deals with capital acquisitions tax. We support the principle of encouraging active farming and active farmers. However, the provision in this section would mean that from 1 January 2015 - which is just over three weeks away - we will see a situation whereby, on the demise of the parents who actively farm a particular holding or if the holding is gifted, the inheritor or acquirer would have to be in a position to continue actively farming the holding for a period of six years or to lease it out for a period of not less than six years. This is absolutely sound but the area that has been missed in our collective address thus far is the impact on members of the diaspora.

I speak based on first-hand engagement with families in my constituency, which is made up of small to medium holdings. They are not members of the rancher class by any means. There is real concern for the position of intended inheritors who plan to take over the farming enterprise but are forced to find work in the United States, Australia or New Zealand because there are no employment opportunities at home. The requirement is that 50% of the farmer's time should be spent actively working on the farm. The option of 50% off-farm work has not been available to countless thousands of young people from a traditional farming background for the past decade, in particular. The provision in the Bill as it stands means that many of these people will not be able to take up active farming immediately. If they were to opt for the lease approach, the Bill requires them to lease it out for a period of not less than six years. Certainly in the cases of which I have experience, it was always the intention of the individuals concerned to return in a couple of years' time. There is no interchangeability between the lease requirement and active participation in farming. These individuals are part of the diaspora because of the economic circumstances in which we found ourselves and, as a result, they were left out of consideration. The consequences of this will be dire. They are facing the introduction of a tax rate of 33% on their inheritance in just over three weeks' time. I ask the Tánaiste to intervene with the Minister for Finance. We will submit amendments but there will be greater certainty if the Government is willing to offer its support.

One of the points of focus in the Finance Bill is to provide better arrangements for the transfer of land from older farmers who are retiring to younger farmers and people who want to go into farming. If the Deputy is suggesting that a difficulty has been identified in regard to the arrangements that the Minister for Finance proposes in the legislation, the discussion in the Seanad will provide an opportunity to tease out all of the issues.

I am not totally familiar with the section of the Bill, but there have been questions about a number of issues relating to transfers and inheritance under the Finance Bill. If a further briefing is required from officials in the Revenue Commissioners and the Department of Finance on the operation of the clauses in section 74, that can be provided. Clearly, the Deputy has questions about how the section would operate in practice.

The intention of the legislation is to make provision for the easier transfer of land to young farmers. The reason time limits are provided for in respect of such transfers is that obviously when receiving inheritances or passing over inheritances or businesses to the next generation or to relatives, and doing so with a substantial tax mitigation, the Revenue Commissioners must be satisfied that it is in respect of bona fide participation in farming. I take the Deputy's point that somebody who might be out of the country for one or three years, having emigrated to get employment, and who wishes to return and perhaps succeed to a family farm or take over a farm holding might not satisfy some of the tests. I strongly suggest that the matter be taken up, first, with the Revenue Commissioners to explore some of the cases about which the Deputy has concerns and, second, in the context of the discussion on the Bill. I will also raise the matter with the Minister, Deputy Noonan.

I am grateful that the Tánaiste is willing to raise it with the Minister, Deputy Noonan. The critical point is that there is no difference in our collective intent of seeking to ensure that agriculture and productive land are in the hands of young active farmers. However, there has been a distinctive situation in the past decade, particularly with regard to smaller holdings in rural Ireland. It might not always be sons - there might be daughters involved - but in the cases I know of it is a male progeny who has been displaced, because there was no other activity available for employment within the area to sustain that extra person in the smallholding concerned and they were forced to emigrate. If a sudden death occurs and there is a consequential inheritance, it is not that simple for somebody to extract themselves immediately from whatever circumstances they might be in, be it business or commercial activity or employment. That applies to the people I know.

I agree that there must be timeframes. We are suggesting a further timeframe in this context: that there be a period of grace for people in the circumstances I described. It could be three years, but this can be determined. I merely suggest that it be considered. It would be tragic if, due to the economic reality we have experienced and the fact that these people have been forced to emigrate, they were further penalised as a result of their inability to relocate here immediately. That is what will happen from 1 January next if the Bill is passed as it is currently drafted. I again ask that a period of grace be provided.

I also ask for interchangeability between the six years of active farming and the six years of leasing. The Bill refers to somebody who leases the agricultural property for not less than six years. They might already have had the intention of returning, and with the demise of their parent or parents would wish to return home much sooner, but the Bill as it is drafted locks them into that period, which would be penal in the circumstances. The support of the Tánaiste and the Minister would be appreciated.

Again, I thank the Deputy for raising the issue, because it is very important for families in rural Ireland and for children or others who are abroad at present. It is our hope that many people who emigrated over a number of years will begin to return home. Indeed, it is already happening and has become quite marked. Many of the recruitment firms are stepping up their recruitment over the Christmas period because so many young people will be returning and, hopefully, many of them will be able either to stay or to make plans to return for employment that has become available.

The legislation has been widely welcomed by farming organisations. Its intent is to facilitate transfers from older people to young active farmers who wish to commit to farming. If the Deputy could give a few examples, we could ask the Revenue Commissioners to examine the scenarios which are causing the Deputy concern and see if it is possible to provide either regulations or administration to take these cases into account.

Obviously, it is important that the Finance Bill be passed before the end of this Oireachtas term. There are universal social charge, USC, and tax reductions due to take effect from 1 January next and we are anxious that people have the benefit of those. However, the Deputy has raised an important issue. I will raise it with the Minister, Deputy Noonan, but it would be helpful if the Deputy could compile two or three examples of the scenarios he has in mind. I am familiar with cases such as the Deputy describes, but with tax law one must always be careful of the law of unintended consequences. I am sure the Minister, Deputy Noonan, will be happy to examine it, but it would be helpful if the Deputy would set out the relevant scenarios.