Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland

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Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland
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
Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland
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Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland
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
Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland
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
Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland
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

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                                                                                       Accountancy Plus March Issue 2020
Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland
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
Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland
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
Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland
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
Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland
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
Accountancy Plus - CyberSecurity: The Official Journal of CPA Ireland
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
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