Results 43,701-43,720 of 46,456 for speaker:Simon Harris

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...

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

Simon Harris: It is not about disadvantaging taxpayers, rather it is about ensuring that every taxpayer is treated equally. It is about ensuring that a taxpayer, when having his or her rates assessed or having a valuation done, having provided all the information in regard to his or her premises, is not put at a disadvantage by somebody who has not. I will give the Senator more detail. This provision...

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

Simon Harris: I take the point the Senator is making. To be very clear, the only purpose of this provision concerns those who had the information when it was sought. If one has new information one would be entitled to produce it-----

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

Simon Harris: -----at the tribunal.

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

Simon Harris: The provision does not do anything to prevent people providing new information. Rather, it prevents people from holding onto information and withholding it until they get to the appeals stage. In that regard it is quite fair. It is also important that at representation stage people can provide all the information they want. There is a process in place at representation stage to provide...

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

Simon Harris: It is very important that the Bill is read as a whole. If there is a situation where any information one has can be provided right up to the issuing of a certificate and though the representation stage, the amendments refer to the fact one was asked by the Valuations Office to provide information which every other ratepayer can be asked to provide. It is not something it thought about later...

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

Simon Harris: Any new information can be provided right up until representation stage.

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

Simon Harris: We are only referring to information which has been requested. If the Valuations Office estimates a valuation because no data has been provided, the appellant will be able to provide that data at appeals stage. It refers to people who have been asked for information but did not provide it. It does not refer to anything else at appeals stage. The ratepayer still has the opportunity to...

Topical Issue Debate: Flood Prevention Measures (8 Oct 2014)

Simon Harris: The Deputy knows I do not make commitments I cannot fulfil so I make today's commitment in this House on the basis of information I received from my officials and on the basis that funding has been provided for the scheme in the OPW capital budget up to 2016. The Deputy is correct that the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, must give consent to this scheme, as...

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

Simon Harris: I thank Senator Reilly for tabling these amendments. Again, I note what she is trying to do but I would contend that the Government has already gone some way towards doing what is envisaged. The 40-day period in which to make representations on a revision is already being extended in the Bill from the 28-day period which currently applies. The proposed 40 days in which representations can...

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

Simon Harris: I will outline the position with regard to amendments Nos. 45 and 62. Amendment No. 45 contains a new provision to equip the commissioner with additional authority in the context of addressing anomalies on the valuation list pending revaluation of the rating authority area. The commissioner will no longer be obliged to rely on the determinations of the Valuation Tribunal or the higher...

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

Simon Harris: I dealt with both amendments.