Shane Ross (Independent)

I support Senator O'Toole's recommendation which speaks to points I raised on Second Stage. While I do not wish to be repetitive, I must make it clear that the effect of backdating the stamp duty provision to 31 March 2007 will be that some will legitimately feel they have been victimised because they are on the wrong side of the line. During the crucial period between December and May, the debate was not about the relative merits of imposing stamp duty, rather stamp duty became a political football.

While I did not necessarily believe it, Fianna Fáil made a plausible political case when it said a change in the stamp duty regime was not the answer. It contended that any reduction in or abolition of stamp duty would not be in the interests of buyers. The Tánaiste referred to the argument on Second Stage and I suspect it was his former belief that stamp duty was not a tax on the buyer, but on the seller. If the duty were removed, the seller would benefit. It is a difficult argument to explain, especially to buyers, but it carries a certain degree of credibility.

The firmness and resolution of Fianna Fáil in the face of Opposition attacks and the pledges of the Progressive Democrats on changes to stamp duty convinced many that the party was genuine about what it said and that its arguments had some merit. As a direct result, some did not delay buying because they believed stamp duty would remain in place and that they would not be prejudiced if they purchased in the post-budget, pre-election period. They were wrong. Fianna Fáil yielded to pressure from the Opposition and the media and performed a U-turn, albeit a limited one. Some people benefited and others did not. There are those who bought houses in the period in question who believe the Tánaiste's measure and the arbitrary date he has set have cost them between €20,000 and €40,000. They believe it is the Tánaiste's fault because he has done it at the stroke of a pen. They are right.

Retrospection has benefited some people but not others. If retrospection is to apply, in all justice it should benefit all the people who are within this time trap. I appeal to the Minister to reconsider the date and move it back to the date of his Budget Statement, when the impression was given by him and others that the situation would remain the same.

The other worry I and other Members of the House have about this measure is that we are, to a certain extent, wasting our time and that it is futile to propose an amendment at this stage of the electoral and parliamentary cycles. It would be staggering if this or any Minister decided today or tomorrow to accept an amendment to any Bill. We know that. The Government and all politicians have been through a tiring time and they are anxious to go on their summer holidays. Nobody wants to take this measure back to the Dáil, except the Members who support this amendment. However, it is unfair on the people who will suffer as a result of this measure that they should also be victims of the parliamentary timetable. This proposal will not be considered on its merits because the Dáil is about to go into recess, and no Minister will consider accepting amendments which will involve more work for the Dáil. That is unfortunate.

I appreciate that the Minister has come to this House today and has not sent the Minister of State, which he could easily have done, and shown the type of contempt which Members of this House sometimes see from Ministers at this time in the parliamentary timetable. I also appreciate the fact that he has remained for Committee Stage when he was not required to and that he is taking both the Bill and the Seanad seriously. However, the fact that amendments, regardless of their merits, have no chance of being accepted makes a mockery of this debate and of the Seanad.