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Seanad: Arts and Culture Sector: Motion (8 Oct 2014)

Thomas Byrne: On a point of order, Senator Mark Daly is unmarried and my wife was never appointed to a board. Before Senator Maurice Cummins throws these allegations-----

Seanad: Arts and Culture Sector: Motion (8 Oct 2014)

Thomas Byrne: Is the Senator accusing my wife of being on a board?

Seanad: Arts and Culture Sector: Motion (8 Oct 2014)

Thomas Byrne: Senator David Norris has left.

Seanad: Arts and Culture Sector: Motion (8 Oct 2014)

Thomas Byrne: They can probably speak Irish.

Seanad: Arts and Culture Sector: Motion (8 Oct 2014)

Thomas Byrne: Táim chun labhairt as Gaeilge anocht mar measaim go bhfuil an-tábhacht ag baint le cúrsaí Gaeilge agus litríocht agus filíocht na Gaeilge i gcomhthéacs na n-ealaíon sa tír seo. Cuirim fáilte roimh an Aire go dtí an Seanad. Tá a lán ceisteanna curtha agam uirthi le laethanta beaga anuas, ach nílim chun na ceisteanna sin a...

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

Thomas Byrne: We objected to the last section because the issues we raised were so serious that they impinged on the Constitution. We believe there was a major unfairness in what was proposed. I acknowledge the comments of the Minister of State to the effect that he will continue the dialogue. We are keen to ensure that this dialogue would continue in an orderly way and yet that the Bill would not be...

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

Thomas Byrne: This goes to the heart of the issues discussed about other sections. In the light of these discussions and even after two years after the Bill was first published, will the Minister of State simply withdraw the amendment and come back on Report Stage after discussions with the industry? I have read some of the representations made to me concerning the legislation’s provisions and do...

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

Thomas Byrne: While the Minister of State is technically correct, if we insert this section, we are referring to section 19(5) as amended the last day. We did not know discussions would take place this morning. I am glad that the Irish Hotels Federation is being open on this matter. It is performing an important civic duty on this incredibly complex - I contend unnecessarily so - area of law. If the...

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

Thomas Byrne: It is a problematic section.

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

Thomas Byrne: That is not what the section states. The section refers to the information the person so failed to supply. What about information that comes to light after the procedure? It seems to be excluded by the amendment.

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

Thomas Byrne: Where does the section state that?

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

Thomas Byrne: That is not for what the section provides.

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

Thomas Byrne: I cannot see that somebody, to advantage himself or herself, would withhold information at the start of the process and then provide it during the appeals process. I cannot see how that advantages anybody in the long term. No matter what the Minister of State says, if the information was not given or falls into the category specified in the notice it cannot be used in an appeal even if the...

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

Thomas Byrne: Is the Minister of State telling me that information which comes to light subsequent to the initial certificate but before the appeal can be used at appeals stage?

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

Thomas Byrne: That is not what I asked. What about tribunal stage?

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

Thomas Byrne: Will the Minister of State outline the intention behind amendment No. 62?

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

Thomas Byrne: What about amendment No. 62? The Minister of State did not mention it.

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

Thomas Byrne: In the context of amendment No. 53, I was astonished to hear the Minister of State refer to fair procedures and to fairness with regard to the commissioner having access to certain information. That is outrageous. We are referring here to taxpayers. It appears that we do not want to give the latter an advantage over the officials or the Department. That is the wrong base from which to...

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

Thomas Byrne: Could I make a general query about the delegated functions that are being assigned under this section and the amendments facilitating that? Can the Minister explain why this is necessary? Not every organisation or every part of the State operates in such a way that a junior officer needs statutory functions to carry out tasks. I wonder why it is necessary here.

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

Thomas Byrne: The general point I am trying to make is that this highlights the archaic nature of this system - that we must appoint people who are mid-ranking civil servants essentially as statutory officers. I do not think it is necessary. For example, I do not think Irish Water has statutory positions, although perhaps it does. Here it is so old-fashioned, archaic and complicated that we must pass a...

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