Simon Harris (Wicklow, Fine Gael) | Oireachtas source

Concerns were expressed last week on Committee Stage when amendments to section 19(5) were debated. I undertook to ask officials to engage with the relevant stakeholders on the concerns raised. Meetings have taken place with the Irish Hotels Federation and the Society of Chartered Surveyors. One concern relates to whether the methodology used by the valuation manager in drawing up the valuation list can be challenged in an appeal to the tribunal. The wording proposed in the amendment does not prohibit such a challenge and never set out to do so.

Another concern is that equity and uniformity might be seen to enjoy a higher weighting than correctness. There is no intention on my part to give one precedence over the over. Both criteria are necessary, as outlined in the High Court Carlton Hotel judgment and one serves as a check on the other.

In response to the arguments made last week on the proposed amendment to section 19(5), we have engaged with the interested stakeholders to ensure there is a full understanding on both sides of the issues and perspectives involved. I have received submissions from the Irish Hotels Federation and my officials have met representatives from it and the Society of Chartered Surveyors. I appreciate the efforts made by these organisations to consider the implications of the proposed amendment in such a short timeframe. While I acknowledge that some of the consultations did not have time to reach a definitive conclusion, the engagement to date has helped me and the House to have a more informed view of the concerns raised. The advice of legal experts has also been sought. I have been assured there are no fundamental flaws in what has been proposed. However, the engagement with the two bodies in question will continue. I am satisfied that amendments Nos. 58 to 60, inclusive, are robust and that any further amendment will refer to section 19(5) and can be dealt with on Report Stage.