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Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I am accepting amendment No. 7, as I indicated to Deputy Cassells on Committee Stage, which allows the Minister to make ministerial regulations on local authority vacancy abatement schemes. Amendment No. 8, as pointed out by Deputy Casey, has an unintended consequence, as currently drafted. It would mean deletion of section 14(1)(c), which is an important subsection that provides that a...

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 9:In page 15, lines 16 and 17, to delete “Local Government (Rates) Act 2019” and substitute “Local Government Rates and Other Matters Act 2019”.

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 10:In page 17, lines 15 and 16, to delete “Local Government (Rates) Act 2019” and substitute “Local Government Rates and Other Matters Act 2019”.

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 11:In page 18, lines 2 and 3, to delete “Local Government (Rates) Act 2019” and substitute “Local Government Rates and Other Matters Act 2019”.

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 12:In page 18, to delete lines 22 to 24. This section, referencing this Bill on enactment in Part 19A of Local Government Act 2001, will no longer be required if amendment No. 26, which repeals Part 19A of Local Government Act 2001, is accepted.

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 13:In page 18, line 28, to delete “Local Government (Rates) Act 2019” and substitute “Local Government Rates and Other Matters Act 2019”.

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 14:In page 18, lines 30 and 31, to delete “Local Government (Rates) Act 2019” and substitute “Local Government Rates and Other Matters Act 2019”.

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 15:In page 18, between lines 32 and 33, to insert the following:“Certain regional spatial and economic strategies 23.(1) Notwithstanding paragraphs (a) and (b) of Article 2 of the Planning and Development (Amendment) Act 2018 (Commencement) Order 2019 (S.I. No. 133 of 2019)—(a) sections 31AQ and 31AR (inserted by section 4 of the Act of 2018) of the Act of...

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I acknowledge the Deputies' comments on the inclusion of this matter. In my years in the Oireachtas, it has not been uncommon for amendments to be made to subsequent legislation from the same Department after situations have been discovered. That is what is happening in this case. I acknowledge that this is a long amendment, but that is due more to the technical nature of what we are...

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: To the best of my knowledge, the sanction of the House is not required under the OPR legislation. As with everything that is laid before the House, however, that does not prevent discussion within the House. I agree with Deputy O'Sullivan's point that any Minister who differed from a decision of the Planning Regulator would place himself or herself in an invidious position, but it is...

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 16:In page 18, between lines 32 and 33, to insert the following:“Amendment of section 11 of Act of 2000 24. Section 11 of the Act of 2000 is amended—(a) in subparagraph (i) of paragraph (b) of subsection (1), by the substitution of “paragraph (a), (aa) or (ab)” for “paragraph (a)”, (b) in subparagraph (ii) of that paragraph, by...

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 17:In page 18, between lines 32 and 33, to insert the following:“Amendment of Residential Tenancies Act 2004 25. (1) The Residential Tenancies Act 2004 is amended—(a) in subsection (1A) (inserted by paragraph (a) of section 3 of the Act of 2019) of section 3, by the substitution of “but does not apply to a dwelling” for “but does not...

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: The phrasing is used in the amendment in order bring it into line with the other provisions of the 2019 Act. To answer Deputy O'Sullivan's specific question, the initial rent sought by a landlord is, by its nature, the market rent in the sense that there is no cap on what may be charged. One may set the initial rent for one's property at whatever rate one wishes. The rent pressure zone...

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: It may be helpful to note the situation where a landlord is seeking to let a non-protected structure. The landlord cannot seek a rent that is higher than the 4% threshold if the property is in a rent-protected zone and if it has been let within the previous 24 months. This provision for protected structures reduces the 24-month period to 12 months, as outlined by Deputy Ó Broin. ...

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 18:In page 18, between lines 32 and 33, to insert the following:“Amendment of Residential Tenancies (Amendment) Act 2019 26. The Residential Tenancies (Amendment) Act 2019 is amended—(a) in section 22, by the substitution of the following subsection for subsection (2):“(2) (a) If a tenancy (other than a tenancy to which subsection (1A) of section 3...

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 18a:In page 18, to delete lines 36 and 37. Amendment No. 18a is a technical amendment. Part 2 of the Schedule outlining regulations to be repealed is being deleted as a consequence of amendment No. 27; there are now no regulations to be repealed in Part 2 of the Schedule. Section 23(2) refers to Part 2 of the Schedule. It is thus proposed to delete section 23(2)....

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 19:In page 18, line 39, to delete “Local Government (Rates) Act 2019” and substitute “Local Government Rates and Other Matters Act 2019”.

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 20:In page 19, line 1, after “Act” to insert “(other than sections 23, 24, 25and 26)”.

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 21:In page 19, between lines 2 and 3, to insert the following:“(3) Sections 23and 24shall be included in the collective citation, the Planning and Development Acts 2000 to 2019. (4) Sections 25and 26shall be included in the collective citation, the Residential Tenancies Acts 2004 to 2019.”.

Local Government (Rates) Bill 2018: Report and Final Stages (3 Jul 2019)

John Paul Phelan: I move amendment No. 22: In page 20, to delete lines 10 and 11 and substitute the following: “ 1 1 & 2 Vict. c. 56 Poor Relief (Ireland) Act 1838 Sections 61, 70 and 71”.

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