Seanad debates

Wednesday, 1 July 2009

3:00 pm

Photo of Paudie CoffeyPaudie Coffey (Fine Gael)

Having listened to Senators from all sides of the House, it is down to interpretation. We must be clear about how the legislation should be interpreted by those in authority, be it a county manager or the final arbitrator on whether a building is liable for this charge. The Minister's assessment is too vague. I can offer another example that is widespread throughout the country. Consider the cottage acre on which a family was reared. After securing planning permission for a house on the same cottage acre, the younger people in the family move into it and the entire property is transferred into that person's name. However, the parents still reside in the old dwelling. The charge will apply to that dwelling under the terms of this legislation. That is the issue.

I accept that the wording of the amendment might not be good enough or acceptable but if we could be given an undertaking in good faith from the Minister that he will address this area of exemption with wording from the Parliamentary Draftsman, I would accept that. Until we get such an undertaking, however, this is all that is available to protect the elderly parents in those dwellings who will be levied with the charge. It is unfair. In paragraph (j) the Minister has dealt with mobile homes, which is fine. Perhaps he would also clarify if the charge applies where the ownership of properties is in dispute.

This measure was announced in mid-October 2008 but the legislation is only before the House now. We are expected to pass it through all Stages today. This is rushing the analysis of the Bill. If we put time into it now, it will prevent problems down the road. Fine Gael is generally supportive of the principle of the Bill, but it is too vague and open to interpretation. There must be clearer definition in many areas. The time allocated for the various Stages will not allow us to analyse properly and digest even the information the Minister is providing. I ask the Minister to consider that. We will try to be helpful but the Minister must take our amendments seriously. Otherwise there will be many problems when the Bill is being implemented. In the case of the cottage acre and an old person living in the original house, they will be levied because of the person living at the back or the side of the house. The matter must be clarified further.

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