Tuesday, 3 November 2009
Department of Environment, Heritage and Local Government
Local Authority Charges
Question 976: To ask the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 262 of 21 October 2009 if a local authority which introduces a waiver scheme is acting [i]ultra vires[/i] the terms of the Local Government (Charges) Bill 2009; and if he will make a statement on the matter. [39029/09]
The Local Government (Charges) Act 2009 does not make any explicit provision for a waiver scheme in respect of the €200 charge on non-principal private residences. It places the charge under the care and management of the relevant local authority, and the question as to whether or not a waiver scheme introduced by a local authority in respect of the charge would be ultra vires is ultimately a matter for the courts to determine.