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Written Answers — Department of Public Expenditure and Reform: Coastal Protection (8 Oct 2014)

Simon Harris: The Government Decision of 11 February, 2014 specifically addressed the allocation of funding for the repair of existing public infrastructure damaged by storms in the period of 13th December to 6th January 2014. The Department of the Environment, Community and Local Government (DoECLG) wrote to Kerry County Council indicating that, based on the estimate submitted by the Council to that...

Written Answers — Department of Public Expenditure and Reform: Flood Relief Schemes Applications (8 Oct 2014)

Simon Harris: The Office of Public Works currently has no outstanding applications for funding for flood relief works on the River Suck under the Minor Flood Mitigation Works Scheme. Significant funding has been provided by the Office of Public Works under the Minor Works Scheme to allow Galway and Roscommon County Councils undertake specific flood alleviation projects within the River Suck catchment....

Written Answers — Department of Public Expenditure and Reform: Flood Prevention Measures (8 Oct 2014)

Simon Harris: The Ahascragh River forms part of the Ahascragh River Drainage District for which the responsibility for maintenance rests with the relevant local authority, in this case Galway County Council. Under the Arterial Drainage Act, 1945, as amended, all local authorities are required to provide to the Office of Public Works (OPW) an annual report in respect of the condition of the Drainage...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I thank the Chair and the Seanad for facilitating the resumption of Committee Stage. I made many of my comments on this during our previous debate on Committee Stage and I have looked at the issue again in light of comments made by Senators. I am satisfied that what the amendments seek to do is in line with what the Bill always intended to do. I am also satisfied that the amendments make...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I reject any implication that this did not receive a political input or that the Minister for Public Expenditure and Reform and others were not involved. A memo was brought to Government on these changes in July 2014. The amendments I am bringing forward in the House have the approval of Cabinet collectively. I am eager to stress that the fact we continue to engage, as the Senator asked me...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: Amendment No. 27, which is similar to amendment No. 25, provides for an extension of deadlines where material is submitted online or electronically. This is good practice. Amendment No. 28 makes provision to restrict occupier-assisted valuations to certain components of a valuation. This might, for example, be the exclusion of particular types of specialised property or categories of...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: It is to give flexibility to allow for occupier-assisted valuation in an entire geographical area or an entire category. It is therefore to provide for flexibility within the legislation.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: Amendments Nos. 31 to 37, inclusive, are the remaining amendments to sections in Part 5A dealing with occupier-assisted valuation. Amendments Nos. 31 to 33, inclusive, propose to change section 26(d). Under what was proposed in the Bill, there was provision for the occupier, after having submitted an initial valuation, to be asked to submit an alternative valuation. The new proposal is...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I disagree fundamentally with Senator Byrne, which probably does not come as a great surprise to him. First, I do not think it is fair to level criticism. I know the Senator said he meant no disrespect to the Valuation Office but the amendments and legislation before this House are signed off on by the Cabinet collectively. All the amendments before the House today have the collective...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I am not going to get into the tit-for-tat of why it has been two years. I could ask the Senator why the previous Government did nothing in 14 years.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I am not going to play politics with this Bill. It is an honest attempt to try to modernise the system. What I and nobody else in government have done is suggest that it is an answer to all the challenges faced by small business. In the last exchange we had here on Committee Stage, I outlined my view that there is a role to play in terms of local authorities and in respect of the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I said I would not go down that road and I will still resist doing so. The issue is, as Senator Byrne rightly notes, the fact that as today, we are still having a discussion about how we can make sure this Bill is the best possible Bill. The Senator is right in that my officials are still engaging with stakeholders. We still have Report Stage in this House once we conclude Committee Stage....

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: Section 12 provides that section 28 of the Act of 2001 be replaced by a new section 28 to enable the Commissioner of Valuation to appoint a revision manager to carry out revisions of valuation in accordance with the Act and with such guidelines on relevant matters as may be issued by the commissioner from time to time. This amendment has the effect of enabling the commissioner to appoint...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: The question Senator Byrne raises is a fair one. The logic behind these amendments is that they would provide greater consistency. At the moment the system is not consistent, and on the last occasion on which we had this debate we heard many examples of inconsistencies in the application of various functions. Having a revision manager to oversee consistency and standards prevents a...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: The proposed amendment would result in serious anomalies in the valuation list, which would be at variance with long-established valuation practices and the core principles of correctness, equity and uniformity which underpin the legislation. Under current valuation practices, if one took a parade of ten identical shops which were all of equal rental value and occupied by ten different...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: Amendment No. 42 is proposed in order to align the legislation under which a local authority makes a rate with the revision amendments of a valuation list made by the commissioner. The background to this proposed change is that there are existing provisions in section 28(14) and 28(15) of the 2001 Act which provide for an amendment to the valuation list to have effect from the date of its...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I thank Senator Reilly for tabling these amendments. Again, I note what she is trying to do but I would contend that the Government has already gone some way towards doing what is envisaged. The 40-day period in which to make representations on a revision is already being extended in the Bill from the 28-day period which currently applies. The proposed 40 days in which representations can...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I will outline the position with regard to amendments Nos. 45 and 62. Amendment No. 45 contains a new provision to equip the commissioner with additional authority in the context of addressing anomalies on the valuation list pending revaluation of the rating authority area. The commissioner will no longer be obliged to rely on the determinations of the Valuation Tribunal or the higher...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I dealt with both amendments.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: The 2001 Act introduced a new first-line opportunity for ratepayers to challenge proposed valuations by means of making representations, a matter to which I have already referred during the course of this debate. This relatively informal process was designed to allow and has enabled the Valuation Office to engage constructively with ratepayers before valuations are finalised and published....

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