Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

My heart goes out to my poor colleague stuck with those two tickets. I am sure we would find many takers to relieve him of his burden and responsibility. I hope the issue works out well for all concerned.

Like other speakers I am generally supportive of the principle behind this Bill but the matter is not as easy to solve as it looks. It is far from easy because there are many issues that will emerge as time goes by. As we all know, every bar and pub in the country is under financial pressure. They are competing with a voluntary sector that is also under pressure, which leads to problems. We must also consider the constitutional aspect of any legislation. If it is perceived that legislation may disadvantage commercial premises through unfair competition, competition legislation and European law comes into play. The issue is not as simple as it looks.

I am very sympathetic to the various clubs throughout the country which are in financial difficulty and because they have a bar on the premises they find the entire premises rated commercially. Perhaps some concession could be given according to how community facilities are used by an organisation and comparison with total use throughout a year. The same logic can apply to privately owned commercial premises, as many such premises also provide a certain services for community events. In many cases, these are free. In the interest of fairness, it may be possible to examine the Valuation Act with a view to determining whether it is possible to amend the Act in order to meet the requirements of clubs and voluntary bodies throughout the country who provide a valuable community service, keeping community spirit alive. That is an important aspect in the climate we currently experience. The degree to which people are prepared to give of their time and energy freely is something we consider from time to time, and recognition should be given to those who make such efforts. We should also keep in mind the other kinds of relevant premises. Local hotels are also in the business of providing facilities to the community at a concessionary rate and sometimes free as well.

This matter is not simple, although I fully understand the motives behind Deputy Cowen's Bill. I know he means well but this is not an easy issue to resolve. No matter what is done, if we come down on the side of all the voluntary or community-based groups in the group, a fairly big slice will be taken from the revenue to local authorities. If all local or community groups are not included as beneficiaries under legislation, there is an element of unfairness. If we do as proposed in this Bill, there will also be concern from commercial entities such as hotels and bar owners who may feel under pressure because of the economic position which has prevailed over the past number of years. We must be fair to them as well.

There are a number of issues that must be brought into focus in considering this Bill and especially if it were accepted by this House. As I suggested, we must examine aspects of equality, competition and valuations under the appropriate Act.

There is the question of whether we can determine and define the full extent of voluntary contribution, as opposed to the purely commercial contribution made in all the circumstances likely to arise. I agree with the concept of this Bill but I do not know how it can be put into place because there is nothing easy about it. I hope that as a result of this discussion it might be possible for the Minister of State, in consultation with the Opposition, to come to some arrangement which would recognise, on the one hand, the commercial and, on the other, the voluntary and community sides of this situation.

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