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

Simon Harris: There must be dynamics at play in County Meath.

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

Simon Harris: In recent years, County Meath has been a bastion of support for Fine Gael. However, to revert to earlier comments, I also make the point to Senator Byrne that the pie remains the same. In the case of people who make more profit or people who have higher turnover, whichever way one wishes to argue it, there are other taxes. This tax does not occur in isolation and is not a charge in...

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

Simon Harris: The Government has a range of ways to tax profitability. One could argue that it is taxing some small entrepreneurs too highly. Consequently, I am satisfied that there already is an indirect link to rates in respect of profitability through the issue of leasing value. I am satisfied the revaluation process will address some of the issues raised by Senator Mullins and I am satisfied that...

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

Simon Harris: No, I am satisfied that I have said all I can today.

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

Simon Harris: I do not think I will please Senator Byrne.

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

Simon Harris: I appreciate the difficulties that businesses face, which I have observed in my own constituency and through my work. However, businesses also have a right to expect local government and that the people we elect in local elections will make decisions which reflect ability to pay. This Government has increased the base of revenue for local authorities. We have seen how councillors have made...

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

Simon Harris: I thank the Senators for an interesting debate and exchange on this issue. I am sympathetic to the point being made on all sides of the House regarding the pressures on businesses, which I have observed in my own county. However, the Bill allows us to fix the way in which we value a building and the letting value of that building. Revaluation will go some way towards addressing the issues...

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

Simon Harris: I fully accept the Senator’s bona fides in questioning this. As Senator Mullins said, there is nothing sinister in it. The Bill is about modernising our valuation system and, where possible, helping the ratepayer. Thankfully, as my officials inform me, there are very few instances of this. While I do not have statistics to hand, it is not a widespread problem. However, any of us...

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

Simon Harris: Section 10 extends the period of time under section 26(2) of the Act of 2001 in relation to the right of an occupier to make representations on a proposed valuation made under section 19 from 28 days to a proposed 40 days. The section also provides for an amendment to section 26(3) to enable the valuation manager, if he or she thinks it appropriate to do so, to amend the terms of the...

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...

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