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Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 4a: In page 22, line 6, to delete "Part 1" and substitute "Part 2". This is a drafting amendment.

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 5: In page 29, to delete lines 21 to 46 and in page 30, to delete lines 1 to 34. Amendment No. 5 relating to section 15, amendment No. 6 relating to section 16 and amendment No. 17 are being discussed together. On Committee Stage I indicated the possibility of Report Stage amendments to sections 15 and 16 to address possible duplication between the disclosure of interest...

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 6: In page 31, to delete lines 1 to 3 and substitute the following: "(3) Nothing in subsection (1) shall prevent the disclosure of information by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995. (4) Nothing in subsection (1) shall prevent the disclosure of information— (a) to the Authority, (b) by or on behalf of the...

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 7: In page 43, line 18, after "paragraphs (a) to (f)" to insert "of this subsection". This is purely a drafting amendment. Amendment agreed to.

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 8: In page 62, between lines 6 and 7, to insert the following: 60.—(1) Subject to subsection (2), a licensee shall not provide information, advice or assistance, whether by means of a brochure, advertisement (in whatever media) or otherwise, to a purchaser of residential property in respect of the possible availability of a loan from a lender in respect of the purchase...

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 9: In page 87, between lines 5 and 6, to insert the following: "(3) Subject to subsection (4), the Commercial Leases Database may, at the Authority's discretion, contain, in respect of a commercial property lease, the particulars provided for in paragraphs (a) to (d) of subsection (2) notwithstanding the fact that such a lease was entered into before the commencement of...

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: That is an entirely separate issue, but as the Deputy is aware, detailed consideration has been given to the issue of upward-only rent reviews by my Department and the Attorney General. The matter will come before Government shortly for final decision. Obviously, once it has made a decision, its nature will be announced.

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: What we are doing in this legislation is ensuring there is transparency with regard to rental payments being made in the commercial area and that there is a bank of reliable knowledge available in order that when discussions occur on rent reviews or when individuals are considering renting properties, there will be access to transparent and reliable information from which comparators can be...

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 10: In page 87, line 19, after "out" to insert the following: "(in addition to the particulars specified in paragraphs (a) to (d) of section 87(2))". This is a technical amendment which is being made in the interests of administrative efficiency. The particulars specified in section 87(2) relate to the basic information which will be made available to the authority by...

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 11: In page 88, between lines 7 and 8, to insert the following: "(3) Where a tenant ceases to have an interest in a commercial property which is the subject of a relevant commercial lease, the tenant (or such other person as the tenant has authorised in writing to act on his or her behalf for the purposes of this subsection in so far as it relates to the cesser) shall,...

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 12: In page 88, lines 10 and 11, to delete "or (2)" and substitute ", (2) or (3)".

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 13: In page 88, line 15, to delete "or (2)" and substitute ", (2) or (3)".

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 14: In page 91, line 31, to delete "reside" and substitute "resides". The amendment is purely a drafting amendment.

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 15: In page 95, line 23, to delete "outwith" and substitute "outside". The same applies. This is simply a drafting amendment.

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 16: In page 110, after line 29, to insert the following: 5. Section 6 of the Protection of Employees (Employers' Insolvency) Act 1984 (as amended by Schedule 2 to the Criminal Justice Act 2011) is amended— (a) in subsection (2)(a)— (i) in subparagraph (xxvi), by deleting "and" after "that Schedule,", (ii) in subparagraph (xxvii), by substituting "that Schedule, and"...

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I move amendment No. 17: In page 114, to delete lines 39 to 42.

Property Services (Regulation) Bill 2009 [Seanad]: Report and Final Stages (22 Nov 2011)

Alan Shatter: I take the opportunity to thank the Acting Chairman and the Deputies who have contributed to our discussion this evening and during the earlier discussions at the select committee. Many of the amendments made on Committee and Report Stages are designed to introduce much needed transparency to the residential and commercial property markets in line with a commitment given in the programme for...

Written Answers — Residency Permits: Residency Permits (22 Nov 2011)

Alan Shatter: The Irish Naturalisation and Immigration Service recently notified other relevant government departments and the HSE of the proposed introduction of an additional immigration stamp, namely Stamp 0. The introduction of Stamp 0 is simply an administrative change to the immigration stamps and there is no change in policy nor any change in legislation regarding immigration permissions. I am...

Written Answers — Residency Permits: Residency Permits (22 Nov 2011)

Alan Shatter: The person referred to by the Deputy has sought to have her personal details changed on my Department's records and this request is under consideration at present. The person concerned will be notified in writing once this consideration has been completed. Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail...

Written Answers — Residency Permits: Residency Permits (22 Nov 2011)

Alan Shatter: I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy is a dependant of non-EEA national parents of a child born in Ireland before 1 January, 2005 who were granted permission to remain in the State under the provisions of the IBC/05 Scheme. I am further advised that she was registered by the Garda National Immigration Bureau on...

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