Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

I am opposing amendments Nos. 9, 12, 15, 16, 18 and 19 as collectively they propose to bring the implementation of the vacant site levy forward by one year. Deputies have asked me to explain the reason for the timeframe set out in the Bill and I am happy to clarify it.

There has been extensive engagement between officials of my Department and the Attorney General's office in developing the proposals for the vacant site levy from the general scheme to the published Bill. While in certain circumstances the Constitution allows the State to delimit the property rights of individuals in the interest of the common good, such restrictions on landowners' property rights must be reasonable and proportionate to the ends that the legislation seeks to achieve. In particular, measures such as the vacant site levy must be introduced in line with the principles of fair procedures and administration.

In this regard, the Bill provides the timeframe for key actions by the planning authority in the implementation of the levy as follows: a register of vacant sites shall be established by planning authorities beginning on 1 January 2017; annual notices to owners of vacant sites shall be issued by 1 June 2018 in respect of vacant sites on the register on 1 January 2018; and the actual application of the vacant site levy shall commence in 2019, but it is important that this initial levy charge will be in respect of the previous year, which is 2018.

The individual dates within the overall timeframe are set with a view to allowing appropriate time and notice for each key action. The deferment until 2019 of the commencement of the charging of the levy is intended to allow site owners sufficient time and opportunity to initiate development or alternatively to sell their sites in order to avoid becoming liable to the levy, which ultimately facilitates the achievement of the primary objectives of the measures in the Bill. While the bringing forward of the various dates, as proposed, by which specific actions shall be undertaken or commence may, on initial consideration, seem to be justifiable, it is important that an appropriate degree of proportionality and reason are applied in the implementation of the levy provisions. I am satisfied that the timeframes in the Bill, as proposed, are reasonable and balanced, while allowing site owners the necessary opportunity to regularise their affairs before becoming liable to payment of the levy.

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