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Finance (No. 2) Bill 2013 - Report Stage (4 Dec 2013)

Brian Hayes: Right. The example I gave in my initial reply explains, in very plain English, how this can work. In my subsequent reply, I indicated that this is the view of the Revenue. The latter is, of course, the body which has responsibility for refunding money to people on foot of claims they make. In the context of the Acting Chairman's intervention - which was slightly unusual - I cannot...

Finance (No. 2) Bill 2013 - Report Stage (4 Dec 2013)

Brian Hayes: On the issue of the definition of qualifying residence which Deputy McGrath raised, we did raise it with Parliamentary Counsel and I understand the view of Parliamentary Counsel was that the definition in the legislation is the correct approach.

Finance (No. 2) Bill 2013 - Report Stage (4 Dec 2013)

Brian Hayes: Yes.

Finance (No. 2) Bill 2013 - Report Stage (4 Dec 2013)

Brian Hayes: We raised this query and had a second look at it. Deputy McGrath possibly raised the issue on Committee Stage.

Finance (No. 2) Bill 2013 - Report Stage (4 Dec 2013)

Brian Hayes: This is a new issue. When I asked the question I was told it had been raised, so well done for spotting it. On the amendment tabled by Deputy Doherty, I know the argument made by the Deputy and I have a good deal of sympathy with it, but it is not in the amendment. The amendment is much broader in scope than the arguments he made in the rebuttal to me thus far this morning whereby he has...

Finance (No. 2) Bill 2013 - Report Stage (4 Dec 2013)

Brian Hayes: I do not propose to accept amendment No. 3. The reason it was necessary to include the reference "qualifying contractors" in paragraph (d) was to make it absolutely clear the minimum threshold of €5,000 in the paragraph does not apply to each individual contractor engaged by a home owner. It applies collectively to all contractors engaged by the homeowner. If this threshold applied...

Finance (No. 2) Bill 2013 - Report Stage (4 Dec 2013)

Brian Hayes: I understand the Deputy could apply for a disability grant for an adaptation. That is the normal case. If a person buys a new house which does not have all of the fittings and additional elements one would expect to be part of a new house, that is reflected in the cost of the house. If one buys a bare house, although it is a new house, that will be reflected in the sale value of the house....

Finance (No. 2) Bill 2013 - Report Stage (4 Dec 2013)

Brian Hayes: We will look at that.

Finance (No. 2) Bill 2013 - Order for Report Stage (4 Dec 2013)

Brian Hayes: I move: "That Report Stage be taken now."

Finance (No. 2) Bill 2013 - Report Stage (4 Dec 2013)

Brian Hayes: Deputy Richard Boyd Barrett will get lucky later.

Finance (No. 2) Bill 2013 - Report Stage (4 Dec 2013)

Brian Hayes: I do not propose to accept this amendment. There are two elements to the definition of qualifying residents, the first of which is that the residence is owned and occupied by the individual as his or her principal private residence. The second element concerns a property which has previously been occupied as a residence. Where such a property is acquired for the purposes of occupation by...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: On the latter issue first, it is the intention that if people seek this information electronically, they will obtain it electronically. The service providers will have to put a system in place to deal with that. Since the Committee Stage proceedings, when it was the unanimous view that the statement should be free and the information should be readily accessible, I understand the National...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: A campaign must be put together.

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: Ongoing.

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: I accept the point the Deputy has raised. An application to get the information could lead on to ensuring that the person concerned had a much broader understanding of the provisions of the Bill. That is entirely correct, and we need to build that into the campaign. On Deputy Doherty's question, it is expected that this Bill, with the agreement of the other House, will be passed by the end...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: I move amendment No. 10:10. In page 25, after line 14, to insert the following:“Amendment of section 5 of Central Bank (Supervision and Enforcement) Act 2013 35. Subsections (2) and (3) of section 5 of the Central Bank (Supervision and Enforcement) Act 2013 shall be treated as having, and always having had, effect with the substitution of “to 4” for “to 3”...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: I thank Deputies Michael McGrath and Pearse Doherty, who have gone through all Stages of this Bill. I know from the Minister for Finance’s engagement with them on Committee Stage that their comments, observations and proposals have greatly enhanced the legislation. There is a broad acceptance of what it attempts to achieve. This is an important milestone in improving the governance...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: The strong advice from the Attorney General is that the use of information generated under section 16(b) for an alternative purpose will be deemed an offence by the Central Bank. It is a matter for the Central Bank to regulate this and to ensure the system is working. As I said in my initial response to the Deputy, section 29(2) states, "A credit information provider who knowingly uses...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: The Deputy's question as to whether there is an issue we have not captured is valid. My initial point was that section 16(b) is consequential on sections 14 and 15. One must read the latter two together to get a sense of the information that the applicant must actually give to the institution. I will not state it on the record again. I am convinced by the arguments I have heard that,...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: I move amendment No. 8:In page 21, between lines 28 and 29, to insert the following:"(3) Regulations under subsection (1) may not prescribe a fee for access to information by an individual under section 15(5) if the access is pursuant to the first application made by the individual in any year.". I believe I have better news for the Deputy in this case. Amendment 8 arises out of a...

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