Seanad debates

Wednesday, 1 July 2009

3:00 pm

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)

That is stated very clearly in the legislation. It is dealt with in section 11, on data sharing and exchange, and is clear.

I must disagree with some of the comments made by Senator Coffey. I tried to be as clear as I could and we tried to offer clarity. The Senator raised the issue of the granny flat and I stated very clearly in my reply that it would not be liable for the charge if it is part of the dwelling in question.

I return to the other questions. Senator Ormonde raised a similar issue and I draw attention to section 2(2) of the legislation which states:

For the purpose of this Act, a bedroom forming part of a residential property that is let under a letting arrangement whereby the individual occupying that bedroom is entitled to share with any other individual any other accommodation, amenity or facility in the property, is not a residential property but the building of which it is a part, is.

That section deals with a situation in which a number of people are in a place together in separate rooms. However, if there are separate apartments, clearly those apartments are subject to the charge and again, that is very clear.

I appreciate that Senators have raised legitimate points. I wish to examine all of them and as we go through the various stages of the Bill, I shall continue to do so.

I forgot the issues raised by Senator Walsh. He raised a number of points about leasing arrangements. If a property is being leased it is subject to this charge and there is no question about that. Regardless of whether the arrangement is what the Senator referred to as a long-term lease or, as in some cases, a short-term lease, the property is still subject to this €200 charge.

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