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Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: Senator Coffey has made very clear that his resubmission of amendments depends on the information he receives. I suggest that we go through the various amendments tabled on Committee Stage. There seem to be some concerns. I ask the Leader of the House whether the proposals I made are in order. If not, I should be let know.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: That was my understanding.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: That is what Senator Coffey has suggested.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: I believed we had made some progress and that we were just about to make more by accepting the proposal made by Senator Coffey, that is, that we complete Committee Stage, after which there will be a meeting to go through the various concerns raised before we proceed to Report Stage. That was my clear understanding.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: Yes, that is fair enough. The Senator has that right in any case.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: I am happy to do that.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: It was clarified this morning that the owners of property in the RAS scheme are exempt. I was distracted and did not hear the Senator's other point.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: That is also exempt. If the Senator wants further clarification I can get that. I have said very clearly that these people are exempt.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: I acknowledged this morning, and have just told the Senator again, that RAS is exempt. It is a fundamental part of how we accommodate people on our housing lists. It works extremely well. That is why they have got this exemption. We are not speaking now to an amendment. The Senator is seeking further information.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: I cannot give the Senator any further information. It is an exemption and that is all there is to it.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: With respect to the Senator, this is extremely clear. The situation is spelled out exactly in sections 2(f), 2(g) and 2(h). Senator Cummins is stating that it is unfair and that a builder could have houses in the RAS scheme on one side of the road and dwellings not in the RAS scheme on the other side of the road and he feels that this is an anomaly. It is not because it has been spelled...

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: I thank the Senators for the amendment. I have some sympathy for the purpose underlying the Senator's amendment, but I am convinced there are good reasons it would cause some practical difficulties if I accepted it. In the first instance, it is not at all clear what is meant by a "family". One can take a narrow or wide view of how this might be construed. Once owners or co-owners become...

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: I thank the Senator for putting forward this amendment. Section 4 provides that where a decree of divorce or of judicial separation has been granted in respect of a marriage, a residential property in which a spouse retains an interest, but which is occupied by the other spouse as his or her sole or main residence, will not attract a liability for the charge in respect of the spouse who does...

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: The Bill is very clear on this. If a person owns the property, he or she is liable for the charge. However, I will contact my colleague, the Minister for Justice, Equality and Law Reform, to advise him of the Senator's view on this matter as this branch of the law is primarily a matter for his Department to address. As I pointed out, the provision included in the Local Government (Charges)...

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: I thank Senators Doherty and Cummins for bringing forward this amendment. I accept the Senators' point that it would not be reasonable to require someone to pay the €200 charge where they are away working for part of the time in circumstances where the remainder of their family resides in the family home. Senator Doherty made this same point this morning. I intend to issue guidance to...

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: Three dates must be borne in mind. The legislation will kick in on 31 July, and on 31 September the late payment scheme will commence. If a person has not paid by 31 October, the person will be liable for the late payment fee.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: I see this as the beginning of a process. It is a broadening of the revenue-raising base for local authorities. We must have a certain trust in our local authorities. There are areas where they can be criticised but I would be very surprised if they did not rise to this challenge. They will rise to the challenge and they will go out there and collect for all they worth because they want...

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: Senator Burke raised the question of barges. I do not think they qualify as buildings and, therefore, are exempt from the legislation.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: It is clear to me that barges are not covered by the legislation.

Seanad: Order of Business (Resumed) (1 Jul 2009)

John Gormley: I suppose barges are at sea on occasion. Senator Bradford raised the prospect of the NAMA legislation. That legislation has not been published. This Bill states clearly that properties which are newly constructed but unsold are exempt. NAMA will be concerned with precisely those types of properties. They would not fall within the remit of the Bill. Nevertheless, I will take Senator...

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