Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 220: To ask the Minister for the Environment, Heritage and Local Government if he is satisfied that no constitutional issues arise with regard to the non-principal private residence charge as applied to married couples, in order that they cannot each own a property in their own right without the second property being subject to the charge; and if he will make a statement on the matter. [17336/10]

John Gormley (Dublin South East, Green Party)
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The Local Government (Charges) Act 2009 introduced a charge, with some exceptions, on any residential property not occupied by the owner as his or her sole or main residence on the liability date. Liability for the charge is irrespective of the marital status of the owner. The legislation was prepared and scrutinised in the normal fashion by the Office of the Attorney General and I have not been advised of any Constitutional issues with regard to any of its provisions.