Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

To delete these sections of the Bill would, in effect, remove the appeal mechanism open to an owner on the designation of a vacant site. I have gone to great lengths to outline that it is important with respect to property rights in the Constitution that we have recognition of due process and fair and transparent procedures. The process as outlined in the Bill is clear with the criteria as outlined. We have to allow that if an owner's site is to be designated for a levy, an appeal mechanism should be available, as it is in any due process. If we removed that, we could weaken the Bill and leave ourselves open to judicial challenge. For those reasons, we oppose amendments Nos. 13 and 14, as they remove the critical provisions in section 9 outlining the mechanism open to a site owner to appeal to An Bord Pleanála regarding entry of a site to a register of vacant sites.

It is important in a measure like this that a clear and fair appeals mechanism is in place. In this case, the proposed amendments remove, in summary, part or all of the following provisions: the burden of proof on the owner to show the site is not vacant; the power of the board to determine if a site is not vacant and direct that it be removed from the register; and that the entry of a site on the register would not take place until an appeal is determined. These are fundamental provisions of the appeals process against the entry of a site onto the register. It elaborates on how the appeal mechanism would work in practice, and without them it would not function. Therefore, I oppose these amendments.

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