Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I must point out an important word that arises between sections 19(5)(a) and 19(5)(b), namely, "and". It is not correct that the tribunal will have to choose one legislative provision or the other. The tribunal will have to give account of both and that is the balance we are trying to establish. I reiterate, it is very important that when a valuation manager assesses a value the criteria he applies to do so, the two set out, are the same as those used in an appeals process.

There should not be a scenario in which, if one appeals a valuation, one gets assessed on a valuation rate using a different set of criteria from those that apply to a business person who has decided not to appeal a valuation. There must be consistency in the process.

With my officials, I would be happy to engage with stakeholders before Report Stage, but I am satisfied that this section strives to get the correct balance while also acknowledging, as outlined in the High Court, the need to take account of both aspects.