Catherine Murphy (Kildare North, Independent)
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I am sorry that I missed most of the meeting but I have not quite mastered the art of bi-location yet. Pre-legislative scrutiny is very useful in that it gives us the opportunity to put together legislation that has a practical effect. Those of us who were members of local authorities for many years often came across actions that were possible in theory but not in practice. Some of the points that were made regarding the Derelict Sites Act, for example, are relevant. That Act is cumbersome and, as referred to at last week's meeting, there are good reasons that legislation does not work. Regarding the vacant site tax, therefore, we need to hear suggestions on how to make it workable. It is very good in theory but we want to make sure that it is also very good in practice. In that context, Cork County Council deserves some credit for its work in Clonakilty, which is the one place where it was shown to work well, once real efforts were made.

The submissions were very useful. There was quite a bit of cross-over between the various submissions but the one from the County and City Managers Association sought clarification on numerous issues. The submission suggests, for example, that the format, payment and calculation of the price in terms of Part V developments requires clarification, as does the definition of "existing use" value. I ask the witnesses to expand on the difficulties they would see in terms of how this will all work in practice. There has been a variety of outcomes under the scheme up to now. It is important to bring the coal face experience to bear on the more academic process of preparing legislation. It would be useful if the witnesses could provide an additional submission on those particular areas.

The issue of affordable housing and the 10% limit also came up at last week's meeting. When dealing with any proposed legislation, we should not just view matters from today's perspective and the current very difficult economic environment but must take a longer-term view. In that context, I suggested the inclusion of a sunset clause because while there are difficulties at the moment the market may well be much improved in four or five years time. We may have to revise the legislation then so is there a way of making provision for that now? A sunset clause in the legislation which commits the Oireachtas to revisiting certain aspects of the legislation might be the way to deal with this, rather than having certain provisions fixed in stone. I would welcome suggestions in that regard.

Town centres were also mentioned and it will be up to the members of the local authorities to determine, in the development plans, their locations. In the initial stages it would probably be wise to limit their size, particularly in the context of determining how things work out with the vacant site tax. A lot of the vacant units in town centres were speculative developments and many would not be big enough to be in NAMA. They are probably going to be more difficult to work through because in some cases there are encumbered debts on them. We must think that through carefully.

The suitability of units is also an issue in many places. I have come across many examples of units that do not match the accommodation needs in an area. In many places, for example, developers were only offering apartments but there was a need for three or four bedroom houses.

Then, of course, this management company charges it as well. It would be useful to hear how the witnesses think that might be predetermined in a mixed development because it can cause problems further into the future.

In regard to the reduced development contributions, of course, there are no longer development contributions in regard to water and wastewater since the establishment of Irish Water. There was supposed to be pick-up whereby the local authorities lost the ability to apply development contributions but there has not been a comparable piece of legislation that will permit Irish Water to invest in that area from the point of view of development contributions. I believe this will be a double disadvantage to the local authorities in that they will not get the contributions but, at the same time, there will not be another authority that has gathered development contributions that could be spent in the location they are collected from.

I would be interested to know, although not necessarily today, some of the things that have been identified as administratively challenging. I want to know what exactly would make it workable. In regard to the points that require clarification, it would be useful if the witnesses could flesh out this area so we get a fuller understanding in order that we might be able to meaningfully get some changes in the legislation.