Willie O'Dea (Limerick East, Fianna Fail)

The advice is that omission of this provision could result in our being found in contravention of the race directive which would cause grave difficulties. The legal section of the EU has made clear that there is very little room for discretion in this matter. I accept Senator Tuffy's point about the difficulty in interpreting what is meant by "a separate and self-contained part" within a family home or any type of house. There are several examples of this in revenue and social welfare law. An example is the person residing in a room or granny flat adjacent to the home of his or her son or daughter's house who applies for free electricity upon reaching the age of 66 years. The Department of Social and Family Affairs does not encounter any great difficulty in determining whether such person is occupying a separate dwelling. A separate ESB supply is not in itself conclusive.

While I recognise the provision could give rise to some difficulties of interpretation, acceptance of the amendment would result in our being in contravention of the race directive and, therefore, I must ensure it remains in the Bill. There are many examples of that terminology in revenue and social welfare law which make quite clear what is intended and which give sufficient guidelines to determine whether accommodation is self-contained or separate.