Ciarán Cannon (Fine Gael)

I agree with the Minister. He is trying to be clear, giving Members as much clarity as he can with regard to our questions. However, this legislation does not allow him to provide us with any clarity and that is the issue.

Concerning the exemption of a bedroom which forms part of a building, that is specifically referred to in the legislation. However, the great majority of what we describe as granny flats consist of much more than a bedroom and usually contain a kitchenette or dining area and perhaps even a living room. My interpretation of the legislation is that once the accommodation occupied by an elderly relative, perhaps a mother or father, exceeds the definition of a simple bedroom, the owner is automatically liable for the charge. As Senator Coffey outlined, the person may be paying a separate ESB bill. If the Minister is making the argument that the building forms part of the main principal residence he must equally make the same argument in respect of apartments that are a component of a larger overall block of apartments.

Senator Glynn referred to "normal residence". If the elderly people occupying the cottage-house of which we spoke consider it to be their normal residence they would not be liable for the charge. As far as I can judge, the phrase "normal residence" does not occur anywhere in the legislation which simply states that the owner of a property, as defined, is liable to pay this charge and other than that is exempt from the charge if the property is occupied by the owner. If it is occupied by somebody other than the owner the charge automatically applies. Therefore, if I own two properties, one of which is my principal residence, the other the property next door where my parents live, I am liable for the charge. It is quite explicit and easily gleaned from the legislation.