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Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: It is a very practical question. In such a case, the rates would be divided three ways. Where the valuation manager considers it necessary to do so, he or she may issue a new proposed valuation certificate arising from the subdivision or amalgamation of relevant properties for which a proposed valuation certificate may or may not already have been issued. The valuation manager has the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I wish to be helpful. The valuation will still stand, but will be apportioned to each of the individual units. If 1,000 sq. ft. is not being used, the valuation of it will be assigned to the occupier or owner of it and a valuation certificate will be assigned to each of the other two. If the Senator wants to re-examine it on Report Stage I would be happy to discuss it further with him in...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: This is a rates issue, not a valuation issue. Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The levying and collection of rates are matters for each local authority. Forfás has...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: This is a technicality, as a ministerial order to allow for the transfer of functions obviates the need to specify the particular name.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: The Bill introduces a separation between the publication date and the effective date. Currently, these dates are one in the same. The separation of the dates allows time for appeals to be heard and minimises losses in rates revenue for local authorities. Both of these amendments are needed to clarify which date is being referred to. The first is an amendment to clarify that it is the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: The effect of this amendment, which is largely of a technical nature, is to change section 24 of the 2001 Act to allow the valuation manager to amend a valuation certificate by correcting a clerical error, including an electronic error, a function which henceforth had been reserved to the commissioner. This is a practical measure which streamlines the procedures for correction by the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: Currently, the function of correcting a clerical error is the function of the commissioner. We want to allow the valuation manager to amend the valuation certificate by correcting a clerical error.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: It streamlines the procedures for correction. In other words, it allows the valuation manager to correct an error without having to go back to the commissioner.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I will try to outline the rationale behind this amendment in another way. Currently, there is no provision for the correction of an error prior to publication. For example, if a valuation certificate issued today contained an error and that error was not corrected prior to the publication date, the occupier would not have simple recourse in terms of having that error rectified. We are...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I understand from where Senator Sheahan is coming in terms of who is to blame. The error has no consequence until the list is published. In other words, if we can fix an error before the list is published, the occupier has not been disadvantaged and the valuation is correct. Obviously, the commissioner and Valuation Office will continue to be responsible for the operation of services. For...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: There are safeguards in the legislation. We agreed an amendment earlier in relation to allowing the commissioner restrict what can be outsourced and so on. It is important to note that we are not providing that anybody can tamper with a certificate but rather that a valuation officer, who is the person tasked with carrying out a valuation, can do so. We are seeking to provide that where an...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I have given the example of a wrong description or numerical value.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I will try to get the statistics for the Senator. A practical example would be where an occupier of a building changes between a valuation being carried out and a certificate being issued. In such case the name of the occupier would be wrong, the list would then be published and the process of rectifying that problem would be more complex. We are seeking to provide that where an error is...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I thank the Senator. Like every Senator from the great tourism county of Kerry, he is right to be concerned about the hospitality sector, as we all are in this and the Lower House. We have taken many measures to try to help the sector. It would not be correct to claim that we were not taking account of data. When discussing previous amendments, I made it clear that we were using new...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: As recently as last night and today I asked my officials to engage further with stakeholders, including the Irish Hotels Federation, IHF. I am happy for that engagement to continue between now and Report Stage. Some hotels have benefited from this system, but we are eager to take all views on board to ensure we have robust legislation over which we can all stand.

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: Senator Byrne did raise this issue with me in County Meath yesterday and it is one we want to get right - I want to put this on the record of the House. As I outlined previously, providing a valuation list that comprises valuations that are not relative to each other, results in similar properties having different valuations, which results in different rate liabilities in the same area....

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I must point out an important word that arises between sections 19(5)(a) and 19(5)(b), namely, "and". It is not correct that the tribunal will have to choose one legislative provision or the other. The tribunal will have to give account of both and that is the balance we are trying to establish. I reiterate, it is very important that when a valuation manager assesses a value the criteria...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: The Senator has hit the nail on the head; it has simply taken too long to carry out the valuations process, which basically means that people are at a disadvantage while they are waiting for a valuation to be carried out. The entire purpose of this legislation is to speed that up. That is one of the reasons we are looking at giving the Valuation Office the ability to outsource certain tasks...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: Absolutely. We will get to discuss much of this during the course of this debate. We have increased the length of time for occupiers to make representations, which is a more informal part of the appeals process than having to go all the way to a tribunal. It is also important to give some context as to why the process has taken so long. The Senator, as a businessman, will recognise the...

Seanad: Valuation (Amendment) (No. 2) Bill 2012: Committee Stage (1 Oct 2014)

Simon Harris: I have a comment on that one.

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