Seanad debates

Wednesday, 1 July 2009

4:00 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael)

I agree with Senator Coffey on this point. If I was a landlord with two similar houses, one of which was in RAS and I was charged for the one that was not, it would be an anomaly. Lawyers will drive a coach and four through the provision. It is a recipe for disaster. The Minister has spoken several times about clarity but there is no clarity on this issue. It has not been fully thought through. I respect the Minister's comment that he is prepared to try to clarify several items with us but he will not be clarifying them with us but with the solicitors and others who will examine and drive a coach and four through this legislation because it is not thought out.

I cannot understand why landlords in RAS are exempt while others not in it will pay the tax for a similar property, perhaps in the same street for which they receive the same rent. There must be some kind of legal or constitutional bar against such legislation coming in. That will be challenged. People will try to get on RAS but they will probably not be allowed to do so. One or two people on a local authority deal with RAS. We spoke earlier about the need to employ more people to collect the money but we will need more people to deal with the RAS applications.

This legislation has not been fully thought out. We have been here for only an hour or 90 minutes but look at the number of problems we have found while thinking on our feet. What will happen in the cold light of day when barristers and everybody else look for anomalies and loopholes? We can complete Committee Stage now but we need a week or two to digest this because there is much more in this Bill than meets the eye. We are only scratching its surface. We are here to tease out any anomalies and loopholes there may be in it. That is our job and we do not want to be rushed. I am not suggesting the Minister is rushing it. The Leader told us we could have it finished by midnight which is preposterous. I ask that this be teased out and that we get the clarification the Minister has mentioned, but we need a great deal of clarification because the longer we go on, the more we need. Committee Stage is where these items should be clarified and that should be done now. With all due respect to the Minister, I respect the fact he is offering to try to clarify it outside the House but it should be done here. This is where clarification should be given; this is Committee Stage of a Bill going through the Houses of the Oireachtas and we should have all the clarification we need here and now.

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