Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
March Issue 2020 Accountancy Plus The Official Journal of CPA Ireland CyberSecurity: CPA Ireland Conferring Ceremony 2019 The 1 Trillion Dollar Industry, Rois Ni Thuama
Top Accounting Talent TRUST THEIR FUTURE TO BARDEN, SO SHOULD YOU. The experts in accounting & tax recruitment. Barden is where accounting the objective advice you need to professionals go before they start plan your professional future. looking for a job. We’re here to help Get in touch with our expert team, you achieve your ambitions and realise because the future doesn’t just your potential. We’ll provide you with happen. We make it happen. Dublin: 01 9103268 Cork: 021 242 7245 e: hello@barden.ie
1 Editorial President’s Message PRESIDENT’S MESSAGE Accountancy Plus Welcome to the March 2020 March 2020 edition of Accountancy Plus. 2019 was an exciting year for CPA Ireland These agreements provide routes for CPA Ireland which saw a number of significant qualified members of CPA Ireland to initiatives and achievements. become a member of another body, 17 Harcourt Street, and to enjoy the benefits which each Dublin 2, D02 W963 In the first year of the new brand, CPA organisation offers. CPA Ireland is Ireland has remained true to the core planning to increase global alliances T: 01 425 1000 brand values of being credible, forward further and are working on increasing F: 01 425 1001 thinking, assured and open. During MRA’s with other countries. the year, CPA Ireland ran both a digital Unit 3, campaign and nationwide radio campaign In December 2019, I was delighted The Old Gasworks, to further increase the brand awareness to formally admit the new conferees Kilmorey Street, of CPA Ireland members and firms in the into membership. I challenged young Newry, BT34 2DH SME market, and highlight the value that accountants to show leadership in the CPA’s contribute to businesses in Ireland. fight against climate change and stated T: +44 (0) 28 3025 2771 that members of the profession are W: www.cpaireland.ie CPA Ireland was delighted to have been uniquely placed to exert positive influence E: cpa@cpaireland.ie awarded a European Digitalisation Award on businesses to behave sustainably. I for Services to Members by Accountancy would like to wish them every success in Editor Europe in acknowledgment of the their future careers and look forward to Patricia O’Neill innovative digital learning initiative through them becoming involved with the Institute the new learning management system, on many levels. Chief Executive Canvas. CPA Ireland was also shortlisted Eamonn Siggins for an IITD National Training Award 2019 CPA Ireland is excited to host the first in the Excellence in Digital Learning ever ‘Future of Accountancy’ event Editorial Adviser Category. In today’s digital world, the during the first half of 2020 which will Róisín McEntee online experience for members and see leading experts in the fields of digital students is essential and Canvas provides transformation, human creativity and Technical Adviser learners with the building blocks needed strategic business advisory discussing Alan Bailie to enable members to maximise their the dramatic transformation the future Advertising learning experience. holds for all of us both personally and Ciara Durham professionally. CPA Ireland was delighted with the T: 086 852 3463 success of the online further learning As this is my last message as President E: accountancyplus@gmail.com courses in 2019 which are now all of CPA Ireland, I would like to thank CPA available on Canvas. Canvas hosts courses members, students and staff for your Published by in FRS102, US GAAP, Governance in the ongoing support. I will pass over the office Nine Rivers Media Ltd. T: 01 667 5900 Charitable Sector, Certified Tax Adviser, of the President to John Devaney at the E: gary@ninerivers.ie Data Analytics and Forensic Accounting all AGM and I wish John a very successful of which are delivered through a variety of and enjoyable term. Printed by learning channels. Throughout 2020, CPA Ireland will be building on the success of . Persona the further learning courses through the Distribution Canvas platform and through a digital first Lettershop Services Ltd. initiative. During 2019, CPA Ireland signed an MRA Gearóid O’Driscoll with CAI Sri Lanka and extended existing President CPA Ireland MRA’s with CPA Canada and CPA Australia. Accountancy Plus March Issue 2020
Contents Pictured left to right Pauline Hayden, Lyndsey Kavanagh, Majella Regan (Liam Donnelly Medal Winner), Gearóid O Driscoll, President, CPA Ireland and Eileen Hurley. Institute Financial Reporting Taxation President’s Message 01 Financial Reporting News 09 Tax News 23 Institute News 41 Highlights from Revenues Law & Regulation Statement of Strategy 24 Information & 2020 - 2022 IBC Disclaimer Law & Regulation News 10 Mairéad Hennessy PAYE Modernisation: CPA Profile Is Irish Employment Law A year on 25 keeping up with the Gig 12 Sinead Sweeney John Donoghue 07 Economy? Derek McKay Ireland’s Corporate Tax Deirdre McDonnell 08 System 27 Peter Reilly Finance & Management CPD Finance & Management In Practice 14 News & Events 44 News In Practice News 30 Leadership Insight 15 Recommendations for Student Paul Healy Reform of the UK Audit 31 Making the Agribusiness Market Student News 48 Tick 18 Alan Bailie Brendan McGowan Opinion Going, Going, Gone... IT 21 Cybersecurity 101: “An John McGrane Working with Robots Ounce of Prevention is 36 03 Lachlan Colquhoun Worth a Pound of Cure” Personal Development Rois Ni Thuama Tech: A friend or a foe? 38 EQ: Does it matter? Aynsley Damery 33 Ben Rawal
03 Cybersecurity 101: “An Ounce of Prevention Cybersecurity 101 by Rois Ni Thuama OPINION is Worth a Pound of Cure” by Rois Ni Thuama A Doctor of Law and subject matter expert in cyber governance and risk mitigation, Rois is Head of Cyber Security governance for Red Sift one of Europe’s fastest-growing cybersecurity companies. Working with key clients across a wide market spectrum including legal, finance, banking, and oil & gas Rois writes and presents on significant cyber threats, trends, addressing and managing risks. High profile data breaches have Not only will directors want to ensure increased spend. The fact that brought Facebook, British Airways that they are protecting their firms’ directors have a legal obligation to and Equifax into the media spotlight, digital assets, commercially sensitive their company to exercise reasonable resulting in both media and information & personally identifiable care, skill and diligence clearly consumer backlash and a good deal information (PII) amongst other informs their view and their appetite of negative shareholder attention. things, but they will undoubtedly for sensible security measures. want to protect themselves against What is meant by ‘sensible security It is unsurprising then that the shareholder reaction and litigation. measures’ can be summed up reputational damage and business with the old adage, an ounce of disruption that followed these The operational impact, media prevention is worth a pound of cure. incidents has created a sense of coverage and consumer backlash, So, it is entirely foreseeable that firms urgency for board members to review together with record fines as a would rank protective cybersecurity their cybersecurity policies, products result of breaches of the General products & services more highly than and spending. Data Protection Regulation (GDPR), those services that offer remediation. have doubtless contributed to the Grow your career with us If you have the drive and motivation to succeed, then all you need is the opportunity to grow. At ifac we have openings for a range of roles at all career stages - from graduates to experienced professionals. Grow your career as part of a dynamic top ten firm. We are currently recruiting for: - Tax Senior, Dublin - Senior Accountant, Enniscorthy - Senior Accountant (Partner Fast-Track), Trim For more information and to see how you can become part of our team, visit www.ifac.ie/about/careers Accountancy Plus March Issue 2020
04 World’s Biggest Data Breaches & Hacks Jan 2020 Source: informationisbeautiful.com Latest Blank US Brians Capital Coff ee Door Customs 8fit Media Club Meets Dash Dubsmash Ge.tt Fotolog Houzz Ixigo OxyData Petflow Roll20 Suprema & Border Whitepages YouNow Games One Bagel 4,900,000 162,000,000 380,000,000 Protection 2019 Artsy Breed DataCamp Desjardins Indian Microsoft 44,000,000 Quest ShareThis Stronghold Toyota WiFi Canva Group Facebook HauteLook Diagnostics Kingdoms Vardguiden Ready 420,000,000 Jobseekers Newegg Finder 500px 275,000,000 Bulgarian National MBM Saks TicketFly Twitter Revenue Coinmama Company MyFitnessPal and Lord T-Mobile 330,000,000 Vision Animoto 2018 Agency Chtrbox EyeEm Google+ Healthcare.gov 150,000,000 Panerabread &Taylor Direct Armor Blur LocalBlox Texas ViewFines Games BookMate Dixons Facebook Marriott Nametests Quora SKY voter Ticketmaster Australian records National Carphone High Hotels 120,000,000 NMBS 100,000,000 Brasil WordPress University Grindr Tail 383,000,000 Urban Careem CMS Facebook Hail TIO Massage Amazon Chinese Mount Sing SVR Networks Wonga 2017 British Resume leak Dell GoPayNow.com Health Malaysian medical Olympus MyHeritage Orbitz Health Tracking Zomato Airways Cathay 202,000,000 South Imgur practitioners 188,000 Click2Gov East Swedish Uber Viacom Amazon Pacific Firebase Transport 57,000,000 Waterly Airways Hong Kong Malaysian Mutelle RootsWeb Snapchat Registration Linux telcos & Agency Disqus Generale Bell CEX & Electoral Office Instagram Ubuntu Forums MVNOs de la Police Turkish Yahoo 2016 Cellebrite DaFont Equifax Quest Syrian Three citizenship database Weebly 143,000,000 Diagnostics Red Cross Government Interpark LinkedIn Mail.ru Minecraft PayAsUGym Blood Service The expectation within the This short paragraph reveals two c. learning to rely on their internal cybersecurity industry is that the things: cyber and information security current trend for spending on experts. 1. A willingness to spend significant cybersecurity products and services sums to protect assets and client’s will continue to increase and is It is worth pointing out that privacy. expected to exceed $1 trillion reasonably priced cybersecurity cumulatively over the five-year period 2. An error. The headline in bold products which address significant from 2017 to 2021. To put that into refers to the ‘threat of cyber cyber threats would not merit such context, the aggregate spend globally security’ which is obviously not attention from the board. These ‘no- for cyber security in 2004 was $3.5 right. The author(s) must have brainer’ solutions should be signed off billion. intended to refer to cyber threats. without conversation on the advice In all likelihood it should have read of the firms cyber and information In 2018, JP Morgan CEO Jamie ‘Cyber threats may very well be the security experts. Not every cyber Dimon wrote in the 2018 Annual biggest threat to the U.S. financial matter merits a lengthy inquiry and Report that the firm spends nearly system’. trusting your experts saves your firm US$600 million a year to protect their money and time. business. That’s a single business with There are a number of reasons why all of this information should matter 2. Errors - a cyber security budget that 14 years to accountants. Often, these appear in previously would have represented cybersecurity literature. JP Morgan a 1/7th of the total global spend. If 1. Increased oversight - is a sophisticated, innovative you’re not wide-eyed reading that, go As cybersecurity budgets balloon, firm. They are undoubtedly a back and read it again. this will be required. Some global leader in terms of their cybersecurity products are so cybersecurity posture. However, But there’s more, take a look at an expensive that a compelling despite this level of sophistication, excerpt from the annual report. business case will need to be this report to their shareholders made at board level and will merit contains a glaring error, as The threat of cyber a discussion. Accountants familiar discussed above. Cybersecurity security may very well be with good governance principles isn’t the threat, it’s the solution. the biggest threat to the specifically the ‘four-eyes’ principle Just keep this in mind, if something U.S. financial system. will desire a robust business doesn’t make sense to you, it might justification for a material spend. not be you. I have written in previous No one in a business should have 3. Career advancement - letters about the enormous carte blanche to sign off huge By 2022 the EU will not be able effort and resources we sums. To that end, it is imperative to fill 355,000 jobs in the cyber dedicate to protect ourselves that accountants, auditors, CFO’s, security sector. For anyone wanting and our clients - we spend etc. are able to participate in the a career change or accelerated nearly $600 million a year conversation by: career advancement, they on these efforts and have a. understanding the business case, should consider some additional more than 3,000 employees cybersecurity training to gain a deployed to this mission in b. being able to sensibly interrogate better understanding of essential some way. that business case, products and policies. Accountancy Plus March Issue 2020
05 Understanding the business Crime againgst Crime using Crimes in the case Crime Types machines/ machines/ machine/ Cybersecurity 101 by Rois Ni Thuama OPINION integrity-related Computer related Content related It’s frequently said in cyber that the offence informs the defence. Indeed, Opportunities Harmful/Trespass Acquisition/(Theft/ Onscenity/Violence Deception) it’s a sensible rule to live by. But to deploy it, you must first understand Cyber-Assisted • Phreaking • Frauds • Trading sexual materials Crimes • Chipping • Pyramid Schemes • Stalking what the offences are (i.e. threats), Traditional crime • Harassment (personal) and then determine which offences/ using computers. threats are the most significant. In More opportunites for traditional crime order to do that, you will need to have at least a passing familiarity with Cyber Enabled • Cracking/Hacking • Multiple large-scale • Online sex trade Crimes • Viruses frauds • Camgirl sites the cyber threat landscape which Hybrid cybercrime • Hactivism • 419 type fraud • General organises the offences in a clear way. New opportunities • Trade secret theft • Hate speech for traditional crime • ID Theft • Organised paedophile For this, an excellent starting point (e.g. organisation rings (child abuse) across boundaries) was provided by Prof. Wall, Head Cyber-Dependent • Spams (list • Intellectual Property • Cyber sex of Law School at Leeds University, crimes construction and Piracy distrubution • Cyber-pimping a leading cybersecurity academic. True Cybercrime content) • Online Gambling • Online grooming His matrix distils cybercrimes into New opportunities • Denial of service • E-auction scams • Organised Bomb talk / their component parts so that every for new types of • Information • Phishing, smishing, Drug talk / Targeted hate crime (Sui Generis) Warfare vishing speech cybercrime fits into a set description. • Parasitic • Social network media By knowing where the threat sits, you Computing crimes are more easily able to determine the solution. We’re already seeing legal cases Let’s take phishing/business email where human resources have been compromise (BEC) as an example. Cyber threat landscape put under exceptional strain, leading The IC on both sides have warned For example, certain cybercrimes do to suffering with post-traumatic stress businesses that phishing emails/BEC not need a technical or expensive disorder (PTSD) because they have are a significant cyber threat. The solution. Firms can protect their been expected to do the work of AI. FBI refers to it as the US$26 billion reputation from damaging social scam. The NCSC have warned about media comments (i.e. hate speech or When we assess the entire picture, phishing and even put the legal defamatory remarks) by ensuring that the first question to ask is: which of sector in the UK on express notice employment contracts have carefully these represents a significant cyber that this is the most significant cyber crafted provisions that encourage threat? threat facing law firms. Bad actors compliance to a well-formed cyber use phishing emails as their starting governance policy. The key is not to This is typically where vendors will point for 70% of data breaches and deploy expensive technical solutions explain that their solution solves the 90% of targeted cyberattacks. It simply because the crime occurs on most significant cyber threat. Now follows that if you fix phishing, you a computer. The answer might be a although that may be true, more can remove the starting point for 70% written process, policy or carefully often than not it’s mere puff. This of data breaches and 90% of targeted crafted provision in a contract. leads to the second question, that cyberattacks, therefore reducing must be asked: who is your source the overall chances of these events Conversely, don’t rely on policies for that claim? happening. when the problem is ‘in the machine’. It is vital not to turn staff into filters If independent, trusted experts within This leads neatly to the third question: and firewalls. No amount of training the Intelligence Communities (IC) is there an industry standard fix? will assist staff in crunching through have warned from both perspectives metadata, that is computational work that something is a significant cyber For BEC/phishing attacks, there and should be done by, you guessed threat, that should be enough is. The solution to BEC is DMARC. it, computers. There are a number guidance for reasonable directors to DMARC is the global industry of downsides to expecting human move to the third question. Sensible, standard protocol recommended by resources to do computational work, independent sources for cyber threat Email Service Providers (ESPs) and including: assessments include National Cyber government agencies. The protocol Security Centre (NCSC), Federal helps your computer to verify that the i. burnout Bureau of Investigations (FBI), Internet email you send from your business ii. decreased productivity Crime Complaint Centre (IC3) email address is authentic, protecting and the Department of Homeland both your brand and your clients. iii. increased stress levels Security. There are other bodies, but This is why the IC in the US and iv. failure this is a good starting point. Britain have repeatedly emphasized v. employment tribunals Accountancy Plus March Issue 2020
06 the importance of deploying the Cyber risks 3. Reputational damage - studies DMARC protocol. For people new indicate that public companies The major risks associated with to cybersecurity, here’s a neat hack: suffer a loss of 7% off their share cybersecurity failures are: if you ever see something done at price on the initial news shock, protocol level, its importance cannot further amplified by 15-20% on 1. Business operational - the scale of be overstated. Protocols are the additional news flows. However, the operational damage depends fundamental building blocks of the the reality can be far worse than on the threat and what steps internet, it’s the digital equivalent of researchers initially evidenced. your information security team underpinning a house. Failing to fix For example, in 2016 a BEC attack have taken to protect against it. It at protocol level means you are on saw a French firm lose 20% off might result in a total cessation of shaky foundations. its share price in a single day. It business capabilities for minutes, started the day at €35 billion and, hours, days or weeks. To recap: despite the firms rapid response to a ‘fake news’ article, had €7 billion 1. What’s the problem? 2. Litigation - includes fines, legal wiped off its price. It is of course costs and damages. By now 2. Will trusted independent sources not possible to measure the impact everyone is familiar with the fine: support the claim that it is a to a privately held firm, but we do up to 4% of global annual turnover problem? know that a combination of factors, or €20 million, whichever is higher. including the loss of earnings 3. Is there an industry standard Less well known perhaps is that because of business disruption, fix that is well known and GDPR contains a provision which leads to a reported 60% of firms understood? will give rise to claims from data folding within 6 months of an subjects affected by data breaches. attack. After answering yes to those three Some law firms have positioned questions, the final question to themselves to respond quickly ask is whether it is reasonable and Conclusion to data breaches by optimising proportionate to deploy a fix it? For keywords to drive web traffic to The decision-making process can be example, if the fix costs X times the their website. somewhat nuanced but ultimately, total value of the firm, the answer will, the process is more science than art. of course, be no. If it’s less than the In the event of a data breach, these Businesses need to learn quickly that cost of the Christmas party or what law firms, already highly ranked, dealing with known cyber threats, the office spends on non-essentials will be returned for users on the which cybercriminals rely on, might like plants or days away, the answer first page on a Google search not sound ground-breaking, but it is will undoubtedly be yes. which will facilitate class actions, essential governance 101. If you’re at speed. This will undoubtedly not fixing the known problems with Now that we have a passing contribute to business disruption well-known solutions, your firm’s understanding of the cyber threat as senior management turns their cyber security and risk posture is landscape and the questions a attention and man hours away from immature, indefensible and imperils reasonable director would ask; it production to damage limitation. the business and its staff. remains to review the risks. Rois Ni Thuama Doctor of Law and subject matter expert in cyber governance and risk mitigation. Head of Cyber Security governance for Red Sift. Accountancy Plus March Issue 2020
07 Title: Chief Executive Company: ifac CPA Profile John Donoghue CPA PROFILE Qualifications: FCPA John Donoghue Why did you decide to start out on and focused approach to work and journey smoother? a career in accountancy? how I use my time. It also gave me Commit. Don’t half do it. Set your a broad understanding of business I knew I wanted to be in business, and timetables, make your sacrifices, principles and strategy, in addition to when I looked at the people who led understand it’s a big commitment and the core skills of accounting. I met successful businesses, they tended to drive on. It will be worth it in the end. great people along the way, and I be from a finance background, so I wouldn’t be where I am now without felt accountancy was a good platform What do you think are the most the qualification. for building a successful career. It was pressing issues for accountants? an easy decision to make. What has been your biggest career Keeping up with the pace of achievement? change in technology is a big issue Why did you choose CPA Ireland for accountants. In ifac we are as your qualification route? Ifac has gone from strength to embracing new technologies to strength over the last few years. I discussed the options with friends give our people more time to focus We have consistently grown the and colleagues to get a sense of on high value activi-ties. The need practice at about 10% per year, and what might be in-volved in gaining a for firms to have a multi-disciplinary we have developed and grown our professional accounting qualification, skillset is becoming more obvious Tax, Advisory, Food and Agribusiness, and then contacted the Institutes. with each passing day. Clients Business Support Services and our I liked the fact that CPA is an Irish need access to a wide range of Financial Planning teams. organisation, it felt more local, expertise to help them to optimise and the people I talked with in the their businesses and achieve their Our people are totally committed to Institute were warm and welcoming. potential. Our profession is changing helping our clients to achieve their CPA felt like the right fit for me. fast. The ability to identify and potential and build sound financial understand client issues/problems futures. We are training, retaining and Please provide a brief history of or opportunities and engage experts recruiting fantastic people across your career. when needed is the most important the business. No single achievement and valuable skill that accountants I qualified in 2005, having trained stands out, we are working all the bring to their clients. The numbers in ifac’s Carlow office and an time to do more for our clients and are important, advice around the accounting firm in Kildare. I was teams across the country, and that numbers is where we add value. appointed Managing Partner of our philosophy is paying dividends as our Tullamore office in August 2005. busi-ness continues to grow. How do you unwind? I held that role for almost seven years before being appointed What or who inspires you most in I spend time with my wife Lorraine ifac Commercial Manager. Our business? and daughters Aoife, Neasa and Commercial Manager role is focused Tara. They keep me on my toes and In business, Chuck Feeney set an on helping our practice teams in put everything in perspective. I love amazing example and inspired a new thirty locations across Ireland to standup comedy; I read a lot and try wave of Philanthropy and Warren optimise their business processes to keep fit! Buffett is inspiring for his success and and business development. I was for his extraordinary com-munication appointed ifac Chief Executive in What traits do you admire most in skills. There are also many inspiring 2015. The work goes on… others? people in ifac, who have faced, or are fac-ing challenging personal Generosity, which can be underrated How do you find your CPA situations, we do our very best to and sometimes overlooked. If you are qualification has helped you in support them. giving your time, expertise or financial your role? support to help other people, you are The CPA qualification and my studies If you were advising someone making a positive differ-ence in the in Griffith College have been of just starting out with their CPA world. And of course, honesty, it’s an huge benefit to me. Studying for the qualification, what tip would you essential ingredient in building high qualification gave me a disciplined give them that would make their trust, high impact relationships. Accountancy Plus March Issue 2020
08 Title: Director of Education Company: CPA Ireland CPA Profile Qualifications: CPA, MoR Deirdre McDonnell Why did you start out on a career One of the projects I worked on What has been your biggest career in accountancy? during that time in CPA Ireland was achievement? the representation of our Institute I wasn’t 100% sure of what I wanted to This is a tough question as I qualified as on the FEE (European Federation do when I finished secondary school. I a CPA accountant 30 years ago exactly of Accountants, now Accountancy was due to start an Arts degree at UCD, this year and there have been a number Europe) Euro Working Group, where I and my sister who was a trainee CPA of key moments where I have really felt served on the FEE Committee for the accountant at the time, secured me a that I have reached my potential. development of the new Euro Currency. summer job in her training firm, and I Working with global companies during really loved the work. At the time, PA Consulting, a global my time in PA Consulting, finding management consulting company was I was surprised how much I loved the myself at boardroom tables with heads advertising for ‘Euro Experts’ to work routine of being in an office, part of a of business for companies turning over with their Euro Changeover projects team, independent and earning my own billions each year, and helping these internationally. I applied and was money, I was sold. companies make significant changes accepted as I had experience that very to their operations, is definitely a high few people had in the development of Why did you choose CPA Ireland point, but also working with some really this new currency. as your qualification? amazing SME clients, has been just as I spent 3 very happy years at PA rewarding in different ways. Speaking My sister was already training with a Consulting, working on Euro at conferences in Europe during my CPA practice, and she recommended Changeover and Y2K projects, involvement with FEE also stands out as CPA to me enthusiastically as she specialising in Business Continuity one of my significant career memories. found the support and advice from Planning. I worked all over Europe and the Institute staff to be really useful. However, today, as I work on the the US with multinational companies The CPA qualification has served me development of a new syllabus for CPA including Philips CE, Vendome Luxury very well, especially when I worked on Ireland to educate future fit finance Group, Willis Plc, amazing experience projects in the States later in my career. professionals in a rapidly changing and I will remember it always. CPA was immediately recognised in environment and see my team the boardroom and clients were always When I was expecting my first child, transforming our examination system happy to be dealing with the CPA I knew I couldn’t continue with the to become fully online, including online designation. weekly international travel, and I set up invigilation, I realise that some of the my own consulting firm. I wanted to biggest career achievements may still get more freedom from the corporate be ahead of me. Please provide a history of your world, to spend more time with my career. family, so I made a decision to bring What do you think are the most Having spent 3 years in practice with my skills from working with global pressing issues for accountants? Gavin & Co, I moved into the advertising companies to SMEs in Ireland. industry as financial controller of All There is no doubt in my mind that big I worked on many projects over the data and the emerging very disruptive Ireland Media, which was later bought years with CPA Ireland in a consulting technologies that are enveloping out by Carat, a global advertising group. capacity. When the previous Director the profession, will challenge all My 5 years in this role were hugely of Education, Paul Heaney announced accountants and their role in adding enjoyable, it was a very dynamic time his retirement, I was approached to value. Unless we become comfortable in the ad industry in Ireland. In the late see if I would be interested in the role, with the advance of these technologies 80s early 90s, it was the steadiness and following much consideration, I and understand the source and of accounting with the glamour of realised that my CPA qualification, my composition of the data, we will be advertising. understanding of the requirements of prisoners to the data analysts and our I did however feel like I needed a the market in relation to newly qualified ability to make meaningful contribution change, and when an opportunity accountants and the wonderful network will be threatened. Our syllabus review came up to join CPA Ireland in 1996 of academic support surrounding the has demonstrated that while we must as Director of Member Services, I role at CPA, I took it on and have not still be experts in our core accounting, joined Eamonn Siggins and his team looked back. finance, tax and auditing disciplines, at Ely Place and spent 5 great years we must also be data analysts, artificial learning new skills and developing the intelligence specialists and pioneers management and creative side of my of future developments such as skillset. continuous audit and blockchain. Accountancy Plus March Issue 2020
09 Snapshot of IAASA’s Financial Reporting News Financial Reporting News FINANCIAL REPORTING financial reporting activities in 2019 IAASA has recently published European Union (Qualifying accounting records (S281 to S286), summary information of its share capital (S318 and S319), the financial reporting enforcement Partnership, Accounts and activities undertaken during 2019. statement on relevant audit information Audit) Regulations 2019 (S325(1)(e)), circularisation of financial Source: www.iaasa.ie statements (S338) and remuneration, In November 2019, the European Union appointment and removal or resignation (Qualifying Partnership, Accounts and of auditors (S381 to S385, S396 to S398 Audit) Regulations 2019 (S.I. 597/2019) and S401 and S402). Sustainable Development were signed into law. These regulations The financial statements of a qualifying Goals Disclosure (SDGD) change the accounting and auditing rules for ‘qualifying partnerships’ for partnership are required to include Recommendations financial years commencing on or a Partners Report which will include The International Federation after 1 January 2020. For accounting similar information to that required in a of Accountants (IFAC) recently periods commencing prior to this date Directors Report under the Companies published a joint report calling for the European Communities (Accounts) Act 2014. The duties, obligations or improved reporting on the UN’s Regulations 1993 continue to apply. discretion imposed on the directors sustainable development goals and/or secretary under Part 6 The meaning of a qualifying partnership in an attempt to hit goals set for Companies Act 2014 are deemed to be is set out in Regulation 5 of the 2019 2030. imposed on, or granted to, members Regulations which outlines two types of of a qualifying partnership by virtue of The report includes qualifying partnership. Firstly, the new Regulation 8. recommendations the purpose rules apply to a general partnership, of which are to establish a best formed under the Partnership Act A qualifying partnership can avail of practice for corporate reporting 1890, all the members of which are audit exemption, however an audit will on the SDG’s and enable more themselves limited such that the be required where one partner, serves effective and standardised ultimate beneficial owners of the a notice in accordance with Section reporting and transparency on partnership enjoy the protection of 334(1) Companies Act 2014, stating climate change, social and other limited liability. that the partner does not wish that environmental impacts. audit exemption be availed of by the In addition, the rules also apply to qualifying partnership for the financial Source: www.ifac.org limited partnerships (formed under the year specified in the notice. Limited Partnerships Act 1907) where the general partner(s) effectively enjoy A qualifying partnership is required, the protection of limited liability. The by the 2019 Regulations, to file an regulation also contains provisions annual return with the Companies which covers certain entities not Registration Office using form P1. governed by the law of the state which Financial Statements, a Partners Report are similar in nature to either of the and an Auditor’s Report will be required above. to be annexed to the annual return. The provisions in relation to Abridged The Regulations apply Part 6 Financial Statements also apply where Companies Act 2014 to a qualifying the relevant size criteria are met. partnership as if it were a company, subject to any modifications necessary The 2019 Regulations also impose a to take account of the fact that the reporting obligation on auditors to qualifying partnership is unincorporated. the ODCE, similar to that required of Part 6 of the 2014 Act is the section that statutory auditors in relation to the deals with Financial Statements, Annual reporting of category 1 and 2 offences Return and Audit and sets out provisions under Section 393 Companies Act on, inter alia, the preparation of financial 2014. Regulation 42 sets out the statements, disclosures including offences that can be committed by a directors’ remuneration, audit, audit qualifying partnership. The offences, exemption, annual returns, appointment which if committed, are required to be and removal of statutory auditors and reported to the ODCE by an auditor of offences. a qualifying partnership are set out in Regulation 31. Regulation 15 dis-applies a number of Sections of Part 6 including provisions relating to the keeping of adequate Accountancy Plus March Issue 2020
10 International peer review finds Central Bank is effectively regulating credit union sector Law & Regulation News The Central Bank of Ireland recently published the “Peer Review: Central Bank of Ireland’s Performance of its Regulatory Functions in Relation to Credit Unions”. The review, undertaken by an external and experienced team AML update of regulatory experts from the International Credit Union Regulators’ Network (ICURN) found that the Central The European Union (Money Laundering and Terrorist Bank effectively performs its functions in the regulation Financing) Regulations 2019 were signed by the and supervision of the credit union sector. It was also Minister and became effective from 18th November highlighted in the review that significant improvements 2019. The regulations amend the Criminal Justice had been made since the previous review in 2015. (Money Laundering and Terrorist Financing) Act 2010 Source: www.centralbank.ie (the Act). One of the key changes for accounting firms is the new requirement to have in place “appropriate procedures” ESMA sets out its strategy on sustainable finance for employees, or persons in a comparable position to The European Securities and Markets Authority (ESMA) report a contravention of the Act internally within the published its Strategy on Sustainable Finance. The strategy firm through a specific, independent and anonymous sets out how ESMA will place sustainability at the core of its channel. These procedures should be proportionate to activities by embedding environmental, social and Governance the size of the firm. (ESG) factors in its work. The key priorities for ESMA highlighted in the strategy include: Practitioners will need to consider how this can be provided for within their firm. Firms should now update • completing the regulatory framework on transparency their policies and procedures in this regard and provide obligations via the Disclosures Regulation. ESMA will work with the EBA and EIOPA to produce joint technical the appropriate training to staff. standards; The regulations require competent authorities, which • reporting on trends, risks and vulnerabilities (TRV) of includes CPA Ireland, to apply a risk-based approach sustainable finance by including a dedicated chapter in its to the exercise of its supervisory functions and to TRV Report, including indicators related to green bonds, provide access to its employees and officers to relevant ESG investing, and emission allowance trading; information on the domestic and international risks of • using the data at its disposal to analyse financial risks from money laundering and terrorist financing which affect climate change, including potentially climate-related stress its own sector. testing in different market segments; • pursuing convergence of national supervisory practices It also requires that competent authorities take on ESG factors with a focus on mitigating the risk of measures to prevent a person convicted of a relevant greenwashing, preventing mis-selling practices, and offence from performing a management function in or fostering transparency and reliability in the reporting of non- being the beneficial owners of an accountancy firm. financial information; • participating in the EU Platform on Sustainable Finance that Practitioners operating within CPA firms and beneficial will develop and maintain the EU taxonomy and monitor owners of such firms are now required to inform CPA capital flows to sustainable finance; and Ireland if they are convicted of a relevant offence. • ensuring ESG guidelines are adhered to in the entities that ESMA supervises directly, while being ready to accept any A “relevant offence” means – new supervisory mandates related to sustainable finance. (a) an offence under this Act, ESMA’s work spans the investment chain from issuer to investment funds, investment firms and retail investors. It has (b) an offence specified in Schedule 1 to the Criminal already delivered on several objectives of the EU’s action plan Justice Act 2011 , or on financing sustainable growth and will continue to assist the EU institutions to achieve sustainable finance goals, including (c) an offence under the law of a place (other than the by providing advice on areas where new Level 1 and Level 2 State), consisting of an act or omission that, if done or measures may be necessary. omitted to be done in the State, would, under the law To help deliver its strategy ESMA set up a Coordination of the State, constitute an offence under subsections Network on Sustainability in 2019. The network is composed (a) or (b) of experts from national competent authorities and ESMA staff. It will be supported by a consultative working group of Source: www.irishstatutebook.ie stakeholders, which will be established in the coming months. Source: www.esma.europa.eu Accountancy Plus March Issue 2020
CPD Requirements for the 2020 - 2022 Cycle Members working in Practice: The CPD requirement for the CPD cycle is 75 structured and 45 unstructured hours. The minimum hours in any one year is 30 hours, of which 15 have to be structured. By the end of 2022, you will need to make sure that you have completed the full requirement of 75 structured and 45 unstructured hours. If you are a practicing cert holder, a minimum of 40 out of your 75 structured hours have to be completed in the core hours. Members working in Industry: The CPD requirement for the CPD cycle is 60 structured and 60 unstructured hours. The minimum hours in any one year is 20 hours, of which 10 have to be structured. By the end of 2022, you will need to make sure that you have completed the full requirement of 60 structured and 60 unstructured hours. If you have any queries on your CPD requirement, please contact Niamh Sheehan on nsheehan@cpaireland.ie
12 Is Irish employment law keeping up with the gig economy? By Derek McKay Much has been made about the protection of gig economy workers but what should companies using self-employed contractors be doing to protect themselves? Since the emergence of the “gig penalise those involved in bogus • Their work cannot be sub- economy” over a decade ago, there self-employment, where employers contracted to another individual. has been a lot of debate about the are wrongly classifying workers as • The person does not supply evolution of work and how it will self-employed rather than direct materials for the job or the continue to change into the future. employees, thus avoiding or evading necessary equipment to do the job There is a clear reality that certain their obligations, including tax and other than the small tools of the types of jobs and roles are changing PRSI. trade. and with the introduction of new In October 2019, the Oireachtas technology platforms, such as Uber • They are not exposed to personal Committee on Employment Affairs and Deliveroo, we are seeing the financial risk in carrying out the and Social Protection heard that creation of roles that were never work. bogus self-employment could be there previously. costing the Irish State €1 billion each • Does not assume any responsibility Despite concerns that there would year in lost tax and PRSI2, which for investment and management in be a surge in those working in the gig results in savings of up to 30% for the business. economy, the numbers are relatively the employer and a loss to the Social • They do not have the opportunity low and have not shown signs of Insurance Fund. Trade Unions have to profit from sound management dramatic increases. In 2018, the also described the situation as a in the scheduling of engagements Workplace Relations Commission massive fraud being perpetrated or in the performance of tasks sponsored a report by the Economic against the State. arising from the engagements. and Social Research Institute that put the figure at between 8 and 9%1. Employed or self-employed… • The individual receives expense or bogus self-employed? payments to cover subsistence The informal structure of this type As it stands there are only two and/or travel expenses. of employment suits many people. The general consensus is that those classifications of employment status • They are entitled to extra pay or working in the gig economy do so – employed or self-employed. To time off for overtime. out of choice rather than necessity. help provide some guidance and clarity, the Revenue Commissioners And, the criteria set out by Revenue The ability to choose when you published its Code of Practice for on whether an individual is self- want to work and for how long, suits Determining Employment or Self- employed include: some peoples’ lifestyles, especially students or those looking to make Employment Status of Individuals. • The individual owns their business. some additional income. But there The criteria set out to identify if an individual is an employee includes: • They are exposed to financial is a trade-off; with this flexibility risk by having to bear the cost of comes a lack of security and benefits • That the individual is under the correcting faulty or substandard for employees. And for employers, control of another person who work carried out under the there can be some unintended directs as to how, when and where contract. consequences as well. the work is to be carried out. • They assume responsibility for One thing is for certain, employment • The individual receives a fixed investment and management in the relationships will continue to evolve wage and works set hours or a enterprise. and be challenged particularly given given number of hours per week or the Government’s aim to heavily month. • The individual has the opportunity 1 “Measuring Contingent Employment in Ireland”, ESRI, August 2018. 2 “Bogus Self-Employment Presentation to the Social Welfare Committee”, Martin McMahon, October 2019. Accountancy Plus March Issue 2020
13 to profit from sound management own tax deductions. The company contracts with any self-employed in the scheduling and performance argues that the Commissioner’s contractors they may be working Is Irish employment law keeping up with the gig economy? by Derek McKay LAW & REGULATION of engagements and tasks. reliance on a UK case (Weight with. Watchers v Revenue and Customs • Has control over what is done, how For example, an individual who is Commissioners, 2011) was wrong it is done, when and where it is working on the basis of commission and that the Commissioner failed to done and whether he or she does it may still be regarded as an employee, follow Irish law in relation to mutuality personally. even if they are not working from the of obligation and also failed to give employer’s premises – there is clearly • Has the freedom to hire other proper consideration to the terms a Mutual Obligation in this situation. people, on his or her terms, to do and conditions of the contract with the work which has been agreed to the driver. Or if the self-employed contractor be undertaken. is required to use company branded Mutuality of Obligation exists materials or equipment in the process • They can provide the same services where an employer is obliged to of completing their work, they may to more than one person or provide work for an employee be considered employees – the business at the same time. and the employee is obliged to company is providing direction perform or fulfil that work as would • They provide the materials and on how the person should be be considered normal employer/ equipment necessary for the job, completing their task. employee relationship. other than the small tools of the trade. The Commissioners had argued that Employers beware – if in the contract required the driver to doubt, review contracts and • Has a fixed place of business where initiate an agreement in relation to get advice materials and equipment can be availability to work. When confirmed, stored. The gig economy, contractors, self- a roster was then drawn up based on employed workers, agency workers • They are responsible for costing this availability and it found that once – all these categories of workers bring and agreeing a price for the job. a driver was rostered for one or more about questions for Companies about shifts, there was then a contract of • They are responsible for providing how they manage these workers and “mutual obligation”. their own insurance cover e.g. remain compliant. public liability cover, etc. The High Court agreed, finding Until such time as Irish legislation has that the contracts operated by • And, they control the hours of work caught up with the changing face Domino’s Pizza included Mutuality in fulfilling the job obligations. of work, our advice for employers is of Obligation; once a driver was assess their contracts and working These guidelines are pretty rostered by the company, there relationships with individuals through straightforward and self-explanatory was a contract that retained mutual the lens of being compliant with and, if necessary, all easy to obligations. both Revenue and the Employment demonstrate. However, there are Interestingly, in the UK, a trade Fora such as the Workplace Relations circumstances where it isn’t always union failed in its High Court bid Commission. clean-cut. Our advice is Employer to represent and lobby Deliveroo, Beware. the popular food delivery platform, High Court rules delivery on behalf of its riders on pay and drivers are employees conditions. The High Court case came on the back of an appeal of a In December 2019, the High Court decision by the Central Arbitration ruled that delivery drivers for a Committee, which has previously company in the Domino’s Pizza found that riders could not be franchise are to be treated as recognised for collective bargaining PAYE employees. The ruling came because they were not classed as following an appeal by the pizza “workers”. Because riders could freely company against the Tax Appeals pass jobs to other people to do on Commissioner’s finding, which found their behalf, they couldn’t be classed that its drivers working in 2010/11 Derek McKay as employees. under contracts “of” service were taxable workers paying PAYE and Review and analyse Derek McKay is Managing Director at national insurance. employment contracts Adare Human Resource Management. Adare Human Resource Management Karshan (Midlands) Ltd., t/a Domino’s While the Domino’s Pizza example is a team of expert-led Employment Pizza had argued that the drivers is specific to the contracts operated Law, Industrial Relations and best operated under contracts “for” by the company and their delivery practice Human Resource Management services, were therefore self- drivers, employers should take note consultants. employed and responsible for their of the findings and assess their own For more information go to www.adarehrm.ie Accountancy Plus March Issue 2020
14 Finance & Assessment of the economic impacts arising for Ireland from the potential future trading Management relationship between the EU and UK. News The Minister for Business, Enterprise and Innovation has published a study commissioned by her Department, examining the economic impact on Ireland of a potential EU-UK free trade agreement. Investors call for The report, which was undertaken by Copenhagen Economics, improved workforce reflects the trade provisions of the Revised Political Declaration reporting for the Future Relationship between the EU and the UK. The Political Declaration sets out the intent of both the EU and UK to A new report issued by the negotiate a comprehensive Free Trade Agreement to replace the Financial Reporting Council’s Financial Reporting Lab concludes current economic relationship. At this point, it represents the best that reporting on workforce related indication of what a future EU-UK FTA will look like. issues needs to improve both to Previous analysis published by the Department in 2018 found that meet investor needs and to reflect the economic impact on Ireland of a worst-case Brexit scenario modern-day workforces. - trading with the UK based on World Trade Organisation (WTO) Workforce related matters such rules - would reduce Ireland’s projected annual growth rate and as working conditions, changing result in GDP being approximately 7% lower in 2030 (i.e. the contractual arrangements and economy would still grow albeit at a slower rate). automation have all become areas Taking the parameters of the revised Political Declaration, this of increasing investor focus in study points to a reduction in GDP of between 3.2% and 3.9% recent years and the lab’s report in 2030. Effectively this reduces the level of harm on the Irish reveals overwhelming support for economy by half. clearer company disclosures. While this latest study assesses the specific impact of moving to a The report provides practical guidance and examples on how new EU-UK FTA, in reality, the Government and firms have been companies can provide improved engaged in intensive Brexit preparations which, taken together information to investors. It with new opportunities under recent EU FTAs (e.g. South Korea, encourages companies to think Canada, Mexico and Japan), have the potential to significantly of the workforce as a strategic mitigate the impacts of the changed EU-UK relationship. asset and explain how it is invested For further information and to read the report please visit in, underpinned by data on the composition, engagement, https://dbei.gov.ie/en/Publications/Assessment-economic- retention and diversity of the impacts-Ireland-potential-future-trading-relationship-EU-UK.html workforce. Source www.dbei.gov.ie Source: www.frc.org.uk Accountancy Plus March Issue 2020
15 Paul has operated at an executive level in commercial Leadership Insight Leadership Insight by Paul Healy FINANCE & MANAGEMENT environments for over 20 years. His broad areas of expertise include: Education by Paul Healy Chief Executive Skillnet Ireland and Labour, Market Policy, Human Resource Development, Public Affairs and Corporate Governance. Please provide a brief history of our organisation substantially since To remain competitive, we must your career. 2016, investing €140million in boost the other pillars of Ireland’s FDI I spent the first 10 years of my career Ireland’s workforce during this period, proposition, particularly talent. The in financial services, in sales and sales and delivering some of the most issue of small and medium enterprise leadership positions. The experience innovative workforce development (SME) productivity is also a growing of being a Financial Advisor at the initiatives ever seen in Ireland. priority area with several national age of 22 was a positive one for and international reports expressing me, setting the basis for sound Can you give some insight as concern around the productivity commercial awareness, customer to what the catalyst was for this levels within our indigenous SMEs. service and self-discipline. I went on change? Finally, to the most pressing issue to manage a business for Bank of When you think about it, of our time; climate change and Ireland, before switching to a career technological advances, globalisation, the implications for businesses and in HR, a discipline I worked hard to climate action and an array of workers as Ireland transitions to a master and served in a number of competitive forces are combining low carbon and environmentally senior HR management positions to disrupt the workplace to an sustainable economy. through my career. I also ran my own extent that is unprecedented in For our businesses and workers to business for a time and developed a history. Powered by AI, we are adapt to this new world, and for career in academia, all before taking seeing technology performing ever our enterprise base to thrive and to up my current position as Chief more complex tasks that were once prosper, a major shift in the intensity Executive of Skillnet Ireland. thought to be the sole domain of of talent development and upskilling humans. Some jobs are disappearing You joined Skillnet Ireland as is now urgently needed. The work of entirely, but new technologies are Skillnet Ireland is deeply rooted in all Chief Executive in 2016 and also unlocking enormous potential of these challenges and they serve as since this time, the structure of within businesses, bringing new a catalyst for ongoing change in our and messaging from Skillnet jobs, many of which never existed organisation. Ireland has changed. Were you previously. We are also seeing the brought into Skillnet Ireland to very nature of employment itself What were the biggest bring about this change or was being redefined, with the rise of the challenges in implementing this something you instigated? gig economy, portfolio careers, virtual the changes and how did you Probably a bit of both. Skillnet and remote working, and extended overcome these challenges? Ireland is a unique organisation in so working lives. A challenge for a comparatively many ways. We sit neatly between small Government agency is to Turning specifically to Ireland, there industry and Government, leading a make your voice heard. In many are multiple challenges now facing partnership of 70 enterprise bodies, ways I am fortunate in this regard businesses here, not least of which providing talent development and because Skillnet Ireland has such a are the complexities arising from upskilling to 15,000 businesses and powerful story to tell. The agency has Brexit. As our labour market continues 60,000 workers throughout the been recognised as an international to tighten, businesses are confronted country every year. What attracted best-practice model by the EU with acute skills shortages in ICT, me to the role was the immense Commission, the OECD and the ILO, engineering, science, construction, pent-up potential of a Government among others. healthcare and financial services agency that puts businesses in among others. control of the process, and one that Yet, that message hasn’t always cut fosters a networked approach that Ireland’s foreign direct investment through to the domestic audience. leverages Ireland’s open culture of (FDI) model has never been in For us, the job of good ‘storytelling’ collaboration. a position of greater challenge. is vital as each year we must The trend over recent years is for successfully navigate an intensely Working in deep collaboration with countries to reduce their headline competitive funding process. our industry partners, including corporation tax rates. CPA Ireland, we have developed Accountancy Plus March Issue 2020
You can also read