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Irish Collective Asset-management Vehicles Bill 2014: Second Stage (9 Oct 2014)

Simon Harris: It matters a lot to the people who have them.

Irish Collective Asset-management Vehicles Bill 2014: Order for Second Stage (9 Oct 2014)

Simon Harris: I move: "That Second Stage be taken now."

Irish Collective Asset-management Vehicles Bill 2014: Second Stage (9 Oct 2014)

Simon Harris: I move: "That the Bill be now read a Second Time." The Government's IFSC strategy and the Action Plan for Jobs call for the introduction of a new legal framework for corporate funds. The Irish Collective Asset-management Vehicles Bill is the Government's response to that call. I believe that this Bill will allow Ireland better compete for investment with other funds domiciled on an equal...

Other Questions: Drainage Schemes Status (9 Oct 2014)

Simon Harris: I thank Deputy Kyne for asking this question and giving me an opportunity to update him and the House on the position on the Claregalway scheme. SI 469 and SI 470 of 2012 give effect in Irish law to EU Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment. As the...

Other Questions: Drainage Schemes Status (9 Oct 2014)

Simon Harris: I am happy to confirm that there is no funding issue and that the project is included in the capital expenditure of the OPW to 2016. I wish to provide Deputy Kyne with some information. The total budget for the scheme, when VAT and future cost fluctuations are taken into account, is €7.1 million. Once we have this scheme confirmed, we will be in a position to commence works fairly...

Other Questions (9 Oct 2014)

Simon Harris: Deputy Fleming should apologise for Deputy Calleary as well.

Written Answers — Department of Public Expenditure and Reform: Drainage Schemes Status (9 Oct 2014)

Simon Harris: Statutory Instruments No. 469 and 470 of 2012 give effect in Irish law to EU Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment. As the Consent Authority for flood alleviation schemes under Section 7 of the Arterial Drainage Acts 1945 – 1995, the Regulations...

Written Answers — Department of Public Expenditure and Reform: Flood Relief Schemes Status (9 Oct 2014)

Simon Harris: A study completed in 2010 by consultants commissioned by Dublin City Council recommended that flooding caused by the River Wad should be addressed in three phases, with a total estimated cost of approximately €20m. The Council agreed with the Office of Public Works (OPW) that the initial focus would be on Phase 1, which would address flooding in the vicinity of Clanmoyle Estate. These...

Written Answers — Department of Public Expenditure and Reform: Flood Relief Schemes Status (9 Oct 2014)

Simon Harris: It is a matter for Kerry County Council, in the first instance, to investigate and address flooding issues in the County. The Office of Public Works (OPW) has no flood defence assets in Ballylongford and, therefore, has no direct responsibility for maintaining or improving existing flood defences. However, Ballylongford was identified through the national Preliminary Flood Risk Assessment...

Written Answers — Department of Public Expenditure and Reform: Carbon Monoxide Poisoning Scheme (9 Oct 2014)

Simon Harris: The primary control of the risk of carbon monoxide in fuel burning installations must be the provision of adequate ventilation.  This is reflected in the Building Regulations and other relevant standards. Proper maintenance is another factor which reduces this risk.  Carbon monoxide alarms are very useful in ensuring the safety of people where these controls fail.  The current...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: The conversation on amendments Nos. 58 and 59 probably leads into this area. This amendment aligns the consideration by the Valuation Tribunal of appeals with the grounds on which an appeal can be made under section 35 and with the determination of value by the valuation manager, under section 19, or the revision manager, under section 49, as appropriate. These amendments are a response to...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I have said all I can, other than to repeat that the talks are continuing. We are having a constructive engagement. However, any constructive engagement would relate to section 19(5) as opposed to this amendment and I urge the House to agree to the amendment.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: Persons other than the occupier are entitled to appeal a determination by the commissioner.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: He is wasting my time.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I assure Senator Norris that I will be speedy on the matter. Persons other than the occupier are entitled to appeal a determination by the commissioner. These include the rating authority, another occupier in the rating authority area or an interest holder. This is a technical amendment to ensure that where the valuation list has been amended to take account of an appeal decision of the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I thank Senators for the acknowledgement that my officials have engaged with various stakeholders on this issue. However, it is important to note that the substance of the discussions to date has been that if there are to be further amendments or addendums, they will be to section 19(5), as opposed to the actual appeals section. Last time, we spoke at length about the fact, based on several...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: I do not want to be argumentative because there has been a constructive effort in the House and by the stakeholders to ensure a robust and fair system of appeal will be in place. However, I must reiterate that any change to section 19(5) will not affect the appeals provision. All we are saying is that the appeals provision needs to take cognisance of section 19(5), namely, the two principles.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: Concerns were expressed last week on Committee Stage when amendments to section 19(5) were debated. I undertook to ask officials to engage with the relevant stakeholders on the concerns raised. Meetings have taken place with the Irish Hotels Federation and the Society of Chartered Surveyors. One concern relates to whether the methodology used by the valuation manager in drawing up the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: No. The issue at hand concerns the criteria by which the valuation tribunal must assess an appeal. The amendments I proposed the last day to section 19(5) were cognisant of High Court judgments. Those amendments indicated that the Valuation Tribunal needed to consider that the correct value was attached in a concrete sense, as well as uniformity and equity in terms of other premises in a...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (Resumed) (8 Oct 2014)

Simon Harris: These amendments provide for the insertion into the section of the Bill the grounds on which a ratepayer may base an appeal to the Valuation Tribunal. The change of service is to strengthen the concepts of correctness, equity and uniformity as the pre-eminent principles on which the valuation code is grounded. It also aligns the grounds of appeal and the determination of value in a...

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