Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Senator Reilly for the amendment. The amendments to section 47 contained in the Bill were technical in nature and provided that those acting on behalf of the commissioner on a contracted basis also had the power to enter a property should it be required. In practice, this power is rarely used by the Valuation Office, which cannot recall an instance in recent years where it has been required. It is also unlikely to be required in the future but obviously it is necessary to place members of the commissioner's staff and contractors acting on his behalf and under his direction and control in the same legal position should an occupier choose to obstruct the valuation process.

Any person operating on behalf of the commissioner will be acting on his or her instruction. The section already provides that three days' notice must be given to the occupier where it is intended to use this power. I stress, however, that this is a rarely used power, albeit one that needs to be retained none the less. To add the condition that a person must be appointed by the court would create a layer of unnecessary bureaucracy, dilute the provision and potentially frustrate its operation. For these reasons, I do not propose to accept the amendment.