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Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: The proposed amendment is as Senator Byrne outlined, the same amendment proposed in the Private Members' Valuation Bill 2014, introduced by Deputy Cowen in the other House.. The Private Members' Bill had its Second Stage debate in the Dáil on 4 July 2014. In the course of that debate, the response delivered on behalf of the Minister for Public Expenditure and Reform pointed out the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: It is somewhat unfortunate as the Government amendment comes into play. That amendment will go further than the status quoand ensure that only commercial activity within a sports club is rateable. That is not the current position. A map does not delineate the licensed area but is rather used for other purposes. Under the Registration of Clubs (Ireland) Act 1904, the club would be...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I will take up that point, as perhaps Senator Barrett made it more eloquently than I did. Although I do not wish to speak for Senator Byrne, it seems the purpose of his amendment and the Government amendment is to acknowledge that trying to fit sports clubs into the bracket of a community hall is an outdated process. We will have the debate later but, ultimately, at the end of this debate...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I thank Senator Byrne for the amendment. This is a rates issue and measures have already been taken earlier this year by the Minister for the Environment, Community and Local Government in this regard. The Local Government Reform Act 2014 was enacted in January and introduced a range of reforms to the local government system. It included some important measures to address some of the main...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: The Bill, as initiated, made provision to enable the commissioners to have certain valuation functions or portions of functions performed by external service providers. The overall purpose of the provision is to enable the commissioner to augment the internal capacity of the Valuation Office by engaging external resources. It is an enabling provision, and initially the commissioner is...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: The Senator has hit the nail on the head; it has simply taken too long to carry out the valuations process, which basically means that people are at a disadvantage while they are waiting for a valuation to be carried out. The entire purpose of this legislation is to speed that up. That is one of the reasons we are looking at giving the Valuation Office the ability to outsource certain tasks...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: Absolutely. We will get to discuss much of this during the course of this debate. We have increased the length of time for occupiers to make representations, which is a more informal part of the appeals process than having to go all the way to a tribunal. It is also important to give some context as to why the process has taken so long. The Senator, as a businessman, will recognise the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I have a comment on that one.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I make the point that while we are in the process of revaluing, the actual valuation base will remain the same so for everybody who will see an increase, somebody else should see a decrease. I am sure people such as the Leas-Chathaoirleach will keep us informed of that process. The amendment specifically enables the commissioner to use general market or aggregate data to determine the net...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: This amendment is designed to provide in certain circumstances for the valuation as a single entity of certain non-contiguous properties. For example, this would include advertising stations, bicycle-hire stations and car parking spaces, each of which is occupied by the same person. The purpose of the amendment is to streamline the valuation process and to ensure the true economic nature of...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: These are technical amendments consequent on the removal of the current valuation list from the list of definitions in section 2 as superfluous. There can only be one valuation list at any one time and for which there is an adequate definition in the Bill.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: The first part of this amendment, replacing subsections (3) and (4), are minor wording changes, including the replacement of the term "officer so appointed" with "person so appointed". The amendment to subsection (5) confers an obligation on the valuation manager in drawing up and compiling a valuation list to reference relevant market and other data available and to endeavour to achieve...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: Senator Byrne did raise this issue with me in County Meath yesterday and it is one we want to get right - I want to put this on the record of the House. As I outlined previously, providing a valuation list that comprises valuations that are not relative to each other, results in similar properties having different valuations, which results in different rate liabilities in the same area....

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I must point out an important word that arises between sections 19(5)(a) and 19(5)(b), namely, "and". It is not correct that the tribunal will have to choose one legislative provision or the other. The tribunal will have to give account of both and that is the balance we are trying to establish. I reiterate, it is very important that when a valuation manager assesses a value the criteria...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I thank the Senator. Like every Senator from the great tourism county of Kerry, he is right to be concerned about the hospitality sector, as we all are in this and the Lower House. We have taken many measures to try to help the sector. It would not be correct to claim that we were not taking account of data. When discussing previous amendments, I made it clear that we were using new...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: As recently as last night and today I asked my officials to engage further with stakeholders, including the Irish Hotels Federation, IHF. I am happy for that engagement to continue between now and Report Stage. Some hotels have benefited from this system, but we are eager to take all views on board to ensure we have robust legislation over which we can all stand.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: This is a technicality, as a ministerial order to allow for the transfer of functions obviates the need to specify the particular name.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: The Bill introduces a separation between the publication date and the effective date. Currently, these dates are one in the same. The separation of the dates allows time for appeals to be heard and minimises losses in rates revenue for local authorities. Both of these amendments are needed to clarify which date is being referred to. The first is an amendment to clarify that it is the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: The effect of this amendment, which is largely of a technical nature, is to change section 24 of the 2001 Act to allow the valuation manager to amend a valuation certificate by correcting a clerical error, including an electronic error, a function which henceforth had been reserved to the commissioner. This is a practical measure which streamlines the procedures for correction by the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: Currently, the function of correcting a clerical error is the function of the commissioner. We want to allow the valuation manager to amend the valuation certificate by correcting a clerical error.

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