Paudie Coffey (Fine Gael)

I move amendment No. 2:

In page 4, after line 44, to insert the following:

"(i) a building which is occupied as a dwelling by a parent or both parents of the owner.".

During the debate on Committee Stage, the difficulty with regard to granny flats or dwellings where elderly dependent relatives live adjacent to the owner of the entire dwelling, be it a bungalow or semi-detached house, was identified. We highlighted other situations, including that of the original family home on a cottage acre or family farm being signed over to a son or daughter who, in time, will build on the site, as is often the case in rural Ireland, with the elderly dependent relative remaining in the old family dwelling. There is a case to be made for exemption as this example is not facilitated in the legislation.

The definition of granny flats was heavily debated. As other Senators and I outlined yesterday, families building dwellings for elderly dependent relatives on the sides of their homes is a commonplace occurrence. Such dwellings are self-contained and have a kitchenette, a bedroom and a small living room. In many cases they have their own electricity supplies and meters, but they are granny flats attached to the original dwellings. Under the terms of the Bill, those flats will be liable for the second property charge. This is unjust and unreasonable.

Since a clearer definition is required, we have retabled our amendment on Report Stage to the effect that a building occupied as a dwelling by a parent or both parents of the owner would be included on the exempted list. As Senators stated yesterday, families build onto their homes to accommodate elderly relatives to remove the burden from the State and to keep people in a comfortable social environment with family supports. If enacted in its current form, the Bill will impose an unjust levy on the owners of such dwellings which are being used to care for elderly relatives.

A right of residence clause attaching to an agreement signing a family farm and home over to a son or daughter is commonplace in rural Ireland. In this way, an elderly parent or adult siblings can retain the right to reside in the original family dwelling while the son or daughter builds on the farm. The problem is that the person to whom the farm is transferred will be liable for the charge despite the fact that nothing but the title has changed. Until his or her death, the relative will continue to live in the original home under right of residence, yet the owner will be charged the second property levy. It was not the intention of the Bill to levy those people. Rather, it was to levy large investors. We have identified this problem area as being unjust and unfair to families. For this reason, we have tabled our amendment.

We would like our amendments to be accepted. If they are not accepted yet there is still to be a change, we would like the Minister to table the amendments in this House, allowing the legislation leaving the Seanad for the Dáil to be more complete. No Member takes pride in the lists of Dáil amendments being reported to the Seanad. Last night, groups of amendments to the Housing (Miscellaneous Provisions) Bill were reported by the Dáil. The Bill was initiated in the Seanad. There is no reason for such amendments not to be dealt with in this House as opposed to in the Dáil. As the Minister stated yesterday, the Seanad is a relevant House of Parliament. We want it to be so, but we take no pride in lists of amendments being reported back. The cause is the ordering of business. Important legislation is being squashed into the last few days of the current term. As the Minister admitted, he is being rushed whereas he needs time to table his amendments. Were the Bill introduced in the Seanad earlier, he could have tabled his Report Stage amendments in this House. To some degree the Seanad is being slighted. I do not say this in a nasty way but the situation is not acceptable.

Our amendment proposes that a building occupied as a dwelling by a parent or both parents of the owner be exempted from the charge. This provision is fair and Fine Gael believes the legislation should be changed to accommodate people in such circumstances.