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Written Answers — Deportation Orders: Deportation Orders (10 Mar 2010)

Dermot Ahern: I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. The information sought by the Deputy will be provided at a later date.

Written Answers — Residency Permits: Residency Permits (10 Mar 2010)

Dermot Ahern: I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. The information sought by the Deputy will be provided at a later date.

Written Answers — Residency Permits: Residency Permits (10 Mar 2010)

Dermot Ahern: I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. The information sought by the Deputy will be provided at a later date.

Written Answers — Residency Permits: Residency Permits (10 Mar 2010)

Dermot Ahern: I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. The information sought by the Deputy will be provided at a later date.

Written Answers — Deportation Orders: Deportation Orders (10 Mar 2010)

Dermot Ahern: I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. The information sought by the Deputy will be provided at a later date.

Written Answers — Garda Stations: Garda Stations (10 Mar 2010)

Dermot Ahern: The Garda accommodation programme is based on agreed priorities established by An Garda Síochána and it is brought forward in close cooperation with the Office of Public Works, which has responsibility for the provision and maintenance of Garda accommodation. The relevant accommodation requirements are considered in the context of the Garda Síochána's identified accommodation priorities...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: ): Following discussions in this House on Second Stage and in response to various submissions I received, I am making a provision to extend the Bill's scope to cover both residential units in mixed use multi-unit development, that is, developments containing commercial units and traditional housing estates where property management companies have been put in place. For this purpose, it is...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: This revised text makes it clear that common areas extend to internal and external common areas of a multi-unit development. There were some submissions when the Bill was published in regard to the existing definition of "common areas" that it did not go far enough. We are now making it clear that it extends to internal and external common areas.

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: I recognise there were significant issues relating to the completion of multi-unit developments. I also acknowledge the very real concern which lies behind the amendment. However, I am not convinced the proposed mechanism in this amendment will resolve these problems. If a satisfactory agreement can be worked out between the parties, there is no obstacle to that. Experience shows, however,...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: In some developments the developer of the site does not construct the buildings and units and this work is undertaken by another builder. The definition of the word "developer" is, therefore, being extended to make it clear that it includes the person who either carries out the development or arranges for another to develop and construct the buildings. Amendment agreed to.

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: I will accept both amendments because they extend the citation of the Planning and Development Acts. Amendment agreed to. Government amendment No. 6: In page 4, subsection (1), to delete lines 1 to 4 and substitute the following: " "mixed use multi-unit development" means a multi-unit development of which a commercial unit (other than a childcare facility) forms part of the development;...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: Having examined the matter, I cannot accept the amendment because the deletion of the relevant lines would make the Bill less clear and cause difficulty with regard to developments which are normally completed in phases. While we may not want developments to be completed in phases, we cannot change the position and must tailor the law to this circumstance. Amendment No. 8 addresses the issue...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: This amendment makes it clear that a reversion is the residue of ownership which remains after the grant of a lease. The normal conveyancing practice in cases of apartments has been to grant a long lease to the purchaser with a freehold reversion being vested in the owner's management company, of which the purchaser is also a shareholder. Amendment agreed to. Government amendment No. 11: In...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: Amendment No. 12 is designed to ensure the developer of unsold units in a development is recognised as the unit owner. In that context, the developer will have the same rights and responsibilities as other owners in the developer. The amendment addresses the objective of amendment No. 13 tabled by the Labour Party. Amendment agreed to. Amendment No. 13 not moved. Government amendment No....

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: Amendment No. 17 constitutes a major change to the Bill, as published. It inserts a new section which extends the scope of the Bill to residential units in mixed use developments and more traditional housing estate developments. Subsection (1) replaces the provisions of subsection (3) by providing that the sections referred to in Schedule 1 will apply to multi-unit developments which...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: I thank the Senators. This amendment was in response, not only to representations we received but also to the Second Stage debate on the matter. There has been a great deal of deliberation about this legislation. I am the sponsoring Minister but there has been significant input from the Departments of Enterprise, Trade and Employment and the Environment, Heritage and Local Government....

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: Large elements of this Bill can be applied retrospectively because they do not overturn agreements made previously. For example, it is not retrospective in regard to the issue of voting rights because it may already be included in existing documentation pertaining to the development that certain voting rights are available. We cannot retrospectively change that. Issues relating to the...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: Senator Coffey's point is a good one. We are reasonably satisfied from the contact we have had with the various interests that fed into this legislation that all the representative groups, representing builders, apartment owners, etc., are well aware of the import of this Bill. I am a solicitor by profession and really the onus should be on the people. One cannot spoonfeed people. They...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: -----by their solicitors so that, having made the biggest purchase of their lives, they are fully aware of their entitlements but more often they are not. While the State can spoonfeed people, as it does when it passes legislation, there would have to be some onus on advisers to give as much information as possible. There is no doubt that in the past 20 years, estates and apartment blocks...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: Senator Norris referred to sections 3 and 4 which deal with the issue of incompletion and the obligation to transfer ownership on completion, and, to a lesser extent, section 14, which deals with the apportionment of service charges. I empathise with the points he has made. These amendments deal with the extension of the remit of this legislation to mixed-use developments, which contain...

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