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

Thomas Byrne: We will have an opportunity to debate the Government amendment as it is not grouped with this amendment. I will not delay the House at this time.

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

Thomas Byrne: I will press the amendment but I will not divide the House. I may put the other amendment to a vote.

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

Thomas Byrne: Yes, I will seek to introduce it again on Report Stage.

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

Thomas Byrne: It is not the responsibility of the Minister of State but there are people who have made millions of euro from our complicated club and pub licensing system. It is about time the Department sorted it out and codified the process.

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

Thomas Byrne: No. I will reintroduce it on Report Stage.

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

Thomas Byrne: I move amendment No. 7: In page 4, between lines 29 and 30, to insert the following: “3. An occupier shall not be liable for any unpaid rates due to a rating authority if such rates were incurred during the occupancy of the relevant property by a previous occupier.".This amendment derives from Private Members' legislation put forward in the Dáil by a colleague. This seeks to make...

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

Thomas Byrne: This amendment causes severe difficulty. Constitutional issues have been raised over the effect of the amendment. Later in the legislation the Valuation Tribunal is required to determine the value of a property on an appeal and one that accords with the results required to be achieved by section 19(5), the criteria the Minister of State just set out. It seems sensible that there be equity...

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

Thomas Byrne: The tribunal will be forced to choose between the correct value under section 19(5)(a) or equity and uniformity of value under section 19(5)(b). If a person is told the correct value cannot be examined due to the uniformity issue he or she will find that questionable. These amendments were made late in the day, after the consultation process ended, and the tribunal will be hamstrung. It...

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

Thomas Byrne: This issue goes to the reality of the situation, namely, the rates system is incredibly complex. It should have been abolished and replaced by a site valuation tax when the Government introduced the property tax. I believe that was the Government's intention. It certainly was the Fianna Fáil-Green Party Government's intention. It will not matter if there is an incorrect value on a...

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

Thomas Byrne: Previously, the commissioner made any necessary changes. Perhaps the Minister of State would explain further.

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

Thomas Byrne: Why is this being proposed?

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

Thomas Byrne: I am opposed to this. I would like as many checks and balances as possible.

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

Thomas Byrne: One of the first things one is taught in law school is that laws are made to correct mischiefs or problems in the law. What is the problem that is being corrected? Have there been many delays as a result of a problem in this area and have people been disadvantaged in that regard? I do not want to be critical of Ministers or officials but it must be remembered that this is a tax we are...

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

Thomas Byrne: The Minister of State has not given any information in regard to what problems have been caused as a result of this provision not existing heretofore.

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

Thomas Byrne: Does the Minister of State have statistics on how often this happens and the cost in that regard to business?

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

Thomas Byrne: I am not saying the Minister is wrong, but he has not convinced me. My problem with this legislation in general is that all these little provisions with which we are dealing – and I have been alerted to the Schedule which is to be inserted – seem to be reactions to court cases in which the Commissioner of Valuation has lost and the Government is trying to get the provision in...

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

Thomas Byrne: Yes, I thank the Minister of State.

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

Thomas Byrne: I move amendment No. 20: In page 6, between lines 41 and 42, to insert the following:“11.Section 26 of the Principal Act is hereby amended by the insertion of a new section 26B—“26B.(1) On application to it, by an occupier, a rating authority shall, in accordance with this section, exempt an occupier from the obligation to pay rates on grounds of hardship or inability to...

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

Thomas Byrne: If my amendment were not within the scope of the Bill, it would have been disallowed by the Cathaoirleach. I reject the argument that it is not relevant because it is not strictly a valuation issue. It is very relevant. The connection between valuation and payment, and the operation of businesses and the ability to make payments based on the valuation is entirely connected. We are...

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

Thomas Byrne: I am just looking up the Fine Gael local election manifesto, in which I believe there is some reference to ability to pay. However, I cannot find it at the moment.

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