Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 2:

In page 13, line 27, to delete “Act of 2001.” and substitute the following:

“Act of 2001;

(e) charitable purposes within the meaning of the Charities Act 2009.”.

I thank the Minister of State for coming to the Seanad this afternoon. This amendment would amend section 15 of the Bill, which permits the Minister for Housing, Planning and Local Government to issue regulations to allow a local authority to develop schemes for the waiving of all, or a portion of, the rates due by ratepayers under the Bill. The section lists certain strategies, plans and objectives within different Acts which the local authority can use to justify waiving rates for ratepayers. These include a national spatial strategy under the Planning and Development Act 2000 and other plans which allow for balanced social, economic and physical development Local authorities are essentially being empowered to waive rates where certain existing public policy and urban and rural development objectives, set out in legislation such as the Planning and Development Act 2000 and the Local Government Act 2001, are met and where the waiving of the rate is justifiable to achieve those aims.

My amendment adds a provision which would allow a local authority to cite charitable purposes in accordance with the Charities Act 2009 as grounds for developing a scheme to allow ratepayers to apply for a waiver of rates or a portion of rates if in keeping with the charitable purposes in the 2009 Act. Examples of these purposes are listed in section 3 of the Act and include important issues such as the prevention or relief of poverty or economic hardship, the advancement of education, as well as more specific issues such as the promotion of civic responsibility, health, conflict resolution, racial harmony and harmonious community relations and the protection of the natural environment. I have not mentioned a number of other excellent purposes listed in the Act but I recommend that Members look at them.

My motivation in tabling this amendment is to give local authorities the space and legislative basis to develop charitable purposes as grounds for exempting groups and organisations engaging in this crucial work. The State needs to support these organisations and exempt them from the financial obligation of paying rates in light of the excellent and worthwhile work they do in supporting community development and positive change. They deserve the opportunity to apply for waivers on their rates. I have in mind in particular youth groups and premises in local authority areas, such as charity shops. Some smaller charity shops are more of a service than a shop in a retail sense. For example, there is a charity shop in Tallaght called Manna, which is run in partnership with the YMCA and a local church. Its annual profit of approximately €1,600 goes straight back into YMCA activities. However, the shop is considered a retail organisation and is paying rates at a level that will see it close its doors at the end of July. It applied for a charitable waiver in 2017 but South Dublin County Council has not yet engaged in communication with it. It has not even received a response to its application and is now receiving sheriff's notices. The shop operates in a community with a high level of poverty and provides a space where people can engage with its workers, have a connection to Christian organisations and the YMCA and buy clothes at a price of €1 or €2. It is a worthwhile shop in the Tallaght community.

Many other health and well-being services were set up during the years of austerity. I have seen how young men have done training in health and fitness to enable them to open up gyms in the community and provide local jobs. Such organisations would not be seen as charitable but nevertheless contribute to a community and its health. During the years of austerity, many of these places kept people's lives together when, due to harsh economic realities, they had no control in other areas of their lives. People engaged in fitness at a much higher level during the years of austerity than they did at any other time. The number of gym members increased, as did participation in local boot camps and wellness activities, because the only aspect of their lives people could control was their appearance, as they had lost control of everything else. As the economy picks up, many smaller organisations and charity shops that do not make a profit are being forced out of the local economies they were crucial in maintaining during the worst economic period in our generation. I hope the Minister of State will look favourably on this amendment and introduce a decent appeals and waiver system that is transparent and does not operate like the current system, where charity shops such as Manna have to close because they are being threatened with sheriffs.