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Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: It is quite difficult to explain when the Senator keeps interrupting me. I am happy to be challenged-----

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: I will also be happy to tease out the issues on Report Stage. This Bill is an honest attempt to improve the situation. The Senator is quite correct that it is not abolishing all rates for all sports clubs. Commercial activity will still be rateable, but Senator Byrne will have to agree that it will improve the current situation. It will lessen the rates bill. Under current law, if there...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: I am one of those too.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: I am just out of the crèche.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: I will come to visit Senator Sheahan when the time comes. I thank all Senators for their comments. I will deal first with the issue of community sports facilities. There may have been a misreading of the amendment, which I would like to clarify. I am stating clearly and categorically that we are not deleting paragraph 4 of Schedule 4 to the principal Act, which refers to "land developed...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: I did not interrupt Senator Byrne. The latter used very emotive language, including the word "fraud". I have been very clear since I first took Committee Stage of the Bill - this is the third occasion on which I have done so - as was my colleague, the Minister, Deputy Howlin, when he dealt with Deputy Barry Cowen's Bill in the Dáil, that we have no interest whatsoever in seeking to...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: We would all agree that the Aviva Stadium or Croke Park should not be exempt.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: The situation in this regard is not changing. Commercial activity within sports club will still be rateable. We will have to take a common sense approach as to what constitutes commercial activity.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: I am outlining the purpose of the amendment. I am also outlining that we cannot have legislation which is completely prescriptive as to every possibility. There is a great difference between renting out the Aviva Stadium and renting out the local GAA club in a town in Meath.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: There is a distinction. As I said, guidelines will be published by the Valuation Office which will flesh this out.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: I am giving the Senator a commitment that it will be done.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: Guidelines will be published by the Valuation Office.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: This amendment makes three changes to Schedule 4 of the Act. Schedule 4 lists categories of property that are not rateable. The first change is to introduce an exemption for buildings or parts of buildings that are used for community sport but that are not used for the sale or consumption of alcohol or in the generation of income apart from club membership fees. The intention is to ease...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: In line with e-government policy encouraging the use of online approaches in delivering public services, the amendment is being inserted as a convenience to the public. It provides for the central valuation list specifying the global valuation of a public utility undertaking to be made available for inspection elsewhere other than at the office of the commissioner, which was the only option...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: It was the Government's intention that, as part of the establishment of the new Department of Public Expenditure and Reform, all land and buildings previously held by the Minister for Finance would transfer to the Minister for Public Expenditure and Reform. To this end, the functions under the State Property Act 1954 were transferred by Statutory Instrument No. 418 of 2011 and property...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: Section 63 of the 2001 Act confers an assumption of correctness on a valuation list in that the value of a property, as entered on a valuation list, is deemed to be correct. The proposed amendment is a technical one which clarifies that section 63 applies to an existing valuation list as well as to a valuation list. It arises from a possible oversight in the 2001 Act and is merely to...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: This amendment facilitates the appointment of an agent by the occupier of a property for the purpose of receiving a certificate, notice or other document under the Act. The amendment recognises that a significant number of property occupiers or owners retain agents to represent their interests when interfacing with the Valuation Office on valuation business. The amendment also proposes the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: This is already the practice for the Revenue Commissioners which have relevant market data. One must remember that the entire purpose of the valuation is to determine what would be the notional rent derived from a property on which the Revenue Commissioners could and, from time to time, would have information. By inserting this amendment concerning data sharing, we are putting more...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: I am pleased to confirm that is the position for the Senator. I reiterate that this is being introduced for very specific purposes. On Senator Tom Sheahan's concerns, I am also happy to reiterate that the liaison with the Revenue Commissioners, should the need arise, would be on rent or market transactions on which the Revenue Commissioners would obviously hold data. As with earlier...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (22 Oct 2014)

Simon Harris: The Valuation Tribunal is an independent body set up under the Valuation Act 1988 and continued in the Valuation Act 2001 to hear appeals against decisions of the Commissioner of Valuation. The governing positions before the tribunal are contained in Schedule 2 of the 2001 Act. The amendments to this Schedule are primarily aimed at streamlining and improving the operation of the tribunal,...

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