Results 6,141-6,160 of 7,082 for speaker:John Paul Phelan

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I am aware there are other questions but I will start with that question while it is fresh in my head. The idea behind the proposed section 20(d) is as the Deputy has said. The legislation as currently worded would allow for that situation to occur every number of years where a revaluation of utilities coincides with a revaluation of X number of local authorities. This would see any...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I move amendment No. 2: In page 6, line 32, to delete “who owns” and substitute “who is for the time being entitled to occupy”. Amendment No. 2 is again a technical amendment to amend the definition of "owner" to link it with the established definition in rating practice. An earlier definition of "owner" already exists in rating law exists in section 14 of the...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I apologise to Deputy Casey but I missed the start of his question, can he repeat it please?

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: Regarding Deputy Barry's points, the compelling case is that commercial rates are due from occupiers of commercial premises, not owners. It is often the case - in fact, I would say it is the case in most examples - that the owner is the occupier, particularly where it is a small operation paying the rates. The compelling case for this change is that, if an owner rents a premises to a person...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: That is not the intention, nor is it the effect, of this change. It will not place the onus of payment where it should not lie. Rather, this is about ensuring a process whereby a local authority can try to get to the bottom of who the occupier is.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: The liability does not change. It still rests with the occupier, which relates to Deputy Barry's first question. This is just a method of trying to ensure that the rates bill is served. A local authority does not always have accurate information as to who the occupier is. It is another attempt to get that information in a small number of cases. It does not reverse in any way the...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I move amendment No. 3: In page 6, line 34, to delete “Notice of” and substitute “A rates bill stating”.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I move amendment No. 4: In page 6, line 35, to delete “the notice” and substitute “the rates bill”.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I move amendment No. 5: In page 7, line 6, to delete “A notice” and substitute “A rates bill”.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I move amendment No. 6: In page 7, line 11, to delete “in a prepaid registered letter”.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I move amendment No. 7: In page 7, between lines 18 and 19, to insert the following: “(7) Where the name of the liable person concerned cannot be ascertained by reasonable inquiry, a rates bill under this section may be addressed to “the occupier” or “the owner” as the case may be.”.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: Deputy Cassells is right. There is not a Member of the House, be he or she in government or anywhere else, who does not get many queries from constituents on this issue, particularly in local authority areas that have undergone the revaluation process. The Deputy is right to point out the number of appeals and the delays in same. We have a responsibility to ensure that commercial rates...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: Those owners of those properties were not the ones who telephoned the Deputy's office.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I acknowledge what Deputy Cassells said about the issues with vintners. I understand the Commissioner of Valuation engaged in a process with vintners groups whereby some of those difficulties were ironed out or an agreement was reached that was more acceptable to the vintners. Following a number of requests to the Commissioner of Valuation in recent months, he indicated regarding the fuel...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I move amendment No. 9: In page 9, line 35, to delete “therefor” and substitute “at a reasonable rent therefor”. This technical amendment adds "at a reasonable rent" to the definition of "vacant property" in this section. Section 14 of the Local Government Act 1946 includes "at a reasonable rent" as a condition for the refunding of rates on vacant properties....

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I am divided in where I stand on this. I understand the motivation behind it, but the budgetary process that a local authority undergoes takes place in a tight time period. It is also the case that, where local elected representatives are given a mandate to make decisions, they often complain - I receive such complaints - that their hands are tied too much on issues. They have a free hand...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: We will be seeking to reword the amendment and insert it into a different subsection but I accept the intention of this amendment.

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I argue, in a sense, that the provisions in this legislation will allow for those discussions. The inability to pay clause is, effectively, being inserted into the Bill, albeit by a different mechanism, to some extent where a ratepayer has entered into an agreed payment plan. The provisions under section 11 of the Bill are based on the provisions of the Taxes Consolidation Act 1997 which...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I move amendment No. 12: In page 12, lines 2 and 3, to delete “the local authority concerned may decide” and substitute “may be prescribed”. Amendments Nos. 12 and 13 are technical amendments. Amendment No. 12 allows the Minister to prescribe the form of the confirmation of paid or unpaid rates in, for example, a certificate. This is to ensure consistency...

Select Committee on Housing, Planning and Local Government: Local Government (Rates) Bill 2018: Committee Stage (26 Jun 2019)

John Paul Phelan: I move amendment No. 13: In page 12, to delete lines 26 to 33.