Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I would have assumed that as an elected public representative to this House where he has influence on legislation that Deputy Adams would be encouraging people to pay what is a legal charge. There have been 1,045,000 registrations to date with a compliance rate of more than 65%. As the Deputy is well aware, the household charge and its successor are designed to fund local services provided by local authorities for people in their areas. Section 12 of the Act places the collection of the charge under the responsibility and management of local authorities and it is therefore a matter for each county council or local authority to utilise the provisions in the legislation in the context of identifying any undeclared properties. It is also a matter for local authorities to use their local knowledge and their judgment in what they do about this.

Clare County Council made its own decision here. It took the decision to issue letters in regard to the disbursal of the higher education grant for this year asking applicants to indicate if the household charge had been paid in respect of the relevant household. That was in addition to questions normally asked by councils on a routine basis about the payment of other charges, including the non-principal private residence charge, water rates and commercial rates, as is appropriate and as apply. The household charge question was added in order to facilitate Clare County Council's information gathering about who has actually complied with the requirement to pay the household charge. I understand Clare County Council also felt it appropriate to emphasise that the household charge is funding local services and local facilities for people in County Clare. As the Deputy is aware, it is unfair that one's neighbour can say he or she paid his or her charge but that one did not and one thinks one can get away with it.

Section 7 of the Local Government Act 1983 provides that where a sum is due to a local authority under any enactment and at the same time another sum is due by the authority to a person, the former sum may be set against the latter but I can confirm to the Deputy that no moneys have been withheld by Clare County Council in respect of higher education grants. It is entirely appropriate that as public moneys fund the processing of these applications, the local authority is entitled to find out whether persons have paid the household charge.

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