Denis Landy (Labour) | Oireachtas source

No more than the Chairman, titles do not mean a great deal to me.
I welcome the proposed legislation and the opportunity to dialogue on it today. This is my first experience of pre-legislative scrutiny.
I wish to query Mr. O'Connor about his contribution on the purchase of the Part V units. He said that acquisition will not be a problem for the voluntary housing groups, approved housing bodies or local authorities. Will he clarify who will have the first option of buying the units when they have been completed? How is it decided which body will have priority? Does the local authority have priority over an approved housing body? Who allocates the units? Is the allocation based on the local authority housing waiting list or on the approved housing body list?
I wish to raise the issue of "exceptional circumstances", as mentioned in the preamble and in the explanatory note. Only one example is given. The proposed Bill states:

The alternative off-site option should only be possible in specific exceptional circumstances, for example where there is insufficient social housing demand at the location of the proposed development and where there is greater demand at another location.

Unlike Senator Keane, I am from a rural area and I do not know one local authority in the country that does not have a waiting list for housing. In that case, is the provision of "exceptional circumstances" ruled out? If I am wrong, please correct me. I do not think there is a local authority in the country that does not have a waiting list. It is very serious that we are inserting an out for exceptional circumstances, but we cannot identify any exceptional circumstances, because one can rule out the example given. Is it possible that the provision for exceptional circumstances will be removed from the Bill altogether?
Is the proposed vacant site levy just another name for the derelict sites levy, in particular on brownfield sites in built up areas in towns and cities? It states that the local authorities can implement this measure should they wish to do so. Will the witnesses clarify what they mean by that? Does that mean a local authority must bring forward a by-law or an agreement voted through by all the local authority members, which in my view will end up as a political issue? I see no reason a local authority should be given the option of wishing to do so or otherwise, because it will vary from one local authority to another. I do not think that is in the best interests of seeing more units on the ground.
Will the local authorities who do not collect this levy be subject to a penalty? At present the levy on derelict sites is 3% and in many local authorities this money is not being collected and the matter is being pushed to one side. In fairness to the local authorities it is very difficult to collect it . People are running away from it and the local authorities are chasing their tails. We need to strengthen in legislation the ability of the local authorities to collect the levy. I would like to know if there will be a penalty on the local authorities who do not collect this levy? Does the levy fall when the site is sold or the property is with a company that changes hands?

Companies are set up and closed down the next day and another one is set up. The law is being circumvented. I ask for clarity on this point.

Will the reduction of the levies apply to all planning permissions without exception? Mr. Sheridan referred in his submission to the development contribution levies in specific circumstances. I ask him to outline the specific circumstances. Is this not open to political interference whereby a local authority will decide that specific circumstances do not exist and it may decide not to levy it on certain properties depending on who owns them?