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Dáil Éireann debate -
Wednesday, 28 Oct 1953

Vol. 142 No. 6

Private Members' Business. - Valuation Bill, 1953—Second Stage (Resumed).

The House is already very familiar with the terms of the sections of the Bill that have been tabled by members ofthe Fine Gael Party. The Bill is: "An Act to amend the Valuation Acts so as to provide certain reliefs in respect of increased valuations resulting from improvements to business premises and to certain farm buildings and outhouses and also to amend the law relating to revision of valuations generally." I respectfully submit to the House that the principle in the very last sentence of that, that is, "to amend the law relating to revision of valuations generally", is included very fully if this Bill becomes an Act.

As has been pointed out in this House on more than one occasion, the changing of the law in connection with the administration of the Office of the Commissioners of Valuation is long overdue. I think it was Deputy Davin who referred last week to the existing laws relating to valuations as 101 years old. One would imagine that an Irish Government would be only too eager and only too anxious to avail of the first opportunity of amending legislation by an alien Government if they considered that it imposed hardships upon our people. As other speakers who are supporting this Bill have said, there is no doubt that as the law relating to valuations stands it is defective and should be scrapped.

The whole system of levying valuations is wrong and it is wrong from the very start. As the law stands the first advice relating to valuation comes from the local rate collector and if the local collector makes a report to the secretary of his county council and if he states that a ratepayer in his area has carried out certain improvements on his out-offices, on his farm buildings or on his dwelling-house, that rate collector's report will be submitted to the secretary of the county council and transmitted from the county council secretary to the office of the Commissioners of Valuation. Then an inquiry as to the extent of the improvements is undertaken by an officer of the Valuation Office.

I do not know how competent or how fully qualified these officers are to estimate the extent of improvements but I say from my experience in my own constituency and from the referencesthat have been made by other Deputies—and from their references we understand that similar conditions prevail in those areas—those inspectors who value the improvements or who estimate benefits to come from the improvements, are very much inclined to exaggerate grossly in favour of the Valuation Office. I think it is entirely wrong that it should be left, in the first instance, to the local rate collector to make the report to the county council because it has been proved without doubt in many areas where a rate collector may have a political axe to grind or political prejudice against his neighbour, he avails of the first opportunity to give his neighbour what is commonly described in the country as "a stab in the back." Even where a pier has been erected on which to hang a gate, the local rate collector, if he is loyal to the Party that appointed him as a rate collector, will lose no time if he sees he has a political point to score and will report his neighbour as having carried out improvements. If instead of a gate hanging on an ordinary timber pole planted into the ground, the gate is swinging from concrete posts, no matter how cheap those posts may be to manufacture or erect, the rate collector will immediately say that in his opinion the holding has considerably improved as a result of the erection of the piers. He looks upon it as an improvement in the holding. How many cases have we, particularly in the County of Galway where on every possible occasion a rate collector loses no time in submitting a detailed report——

Anyone can do that.

——whether it is an annual, monthly or weekly report, to the secretary of the county council and he outlines there in a list the items of improvement right to the end of his sheet. He will submit his report and he will make quite sure, as many rate collectors have done, that his own friends and colleagues can carry out what improvements they like without the knowledge of the local authority or the Commissioners of Valuation.

That is nonsense.

That is why I say the Valuation Office should be administered from a more impartial angle as far as the reports of revaluations are concerned. I respectfully submit that this Bill before the House is to amend the law relating to revision of valuations generally. We have seen that in our towns and in the cities improvements have been carried out, as was pointed out by the mover of the Bill, in accordance with the regulations laid down by the Department of Health. In these cases where the Department of Health recommended or insisted that certain regulations be complied with under the direction of the county medical officer of health, I feel that it is most unfair and it is legalised robbery to compel those people to carry out improvements on their buildings in order to comply with the law whether they may be running a hotel business or a restaurant or whether it is a café establishment or whatever line of business they follow.

If the corporation, the county council or other local authority make them carry out improvements I think it is very wrong that these people should be made spend their money in improving their buildings in order that they may carry on their business or in order that they may secure a livelihood. Many of these people, owing to the present day difficulties, are put to the pin of their collar to eke out a miserable existence from the amount of business being done in their various lines.

Valuations have been increased to such an extent recently that we are inclined to have sooner or later an uprising by the people. Every local authority in the country has protested and every Deputy of the Fianna Fáil Party must have received protests in the same manner and imbued with the same determination and with the same view in mind as those which we Deputies of the Opposition have received. One is inclined to give serious thought to the manner in which Fianna Fáil Deputies ignore and turn a deaf ear to the seriousness of the situation in relation to the very grave injustices imposed without any regard whatever for the amount ofbenefit that will flow from the improvements carried out.

In the town of Tullamore, I have known a certain revision of valuation in the case of a licensed premises to have been carried out because either a new window was put in or a new counter erected. I have known of a case in that town in which a publican decided that, instead of having the water-taps in his bottling store, he would have them under the counter in his shop, in accordance with health regulations, and there and then it was reported to the council. At present, he has an appeal submitted against what he rightly describes as the effort of the Valuation Office to put him out of business.

Instead of giving these people who are going through difficult times a helping hand, instead of giving them some encouragement to undertake the difficult task of holding on to their businesses or building up stronger and better businesses, we find the Government devoting all their energies, availing of a law 101 years old, to drive these people out of business, to increase the cost of their tobacco licences, the cost of the licence in respect of their licensed premises and their E.S.B. charges, because, if valuations go up, these charges are increased. Be that as it is, every urban district council and every corporation to-day has the experience of increasing rates upon these people, apart entirely from increases brought about by revaluation.

We see occupiers of premises faced year after year with substantial increases in rates, whether it is a business house of any grade or class or the humble dwelling of the worker, whether he be a tenant of a town council house or a cottage tenant. Month after month, it has been the policy of the Government to place more burdens on the shoulders of local authorities, which, in turn, places a more severe strain on the pockets of all these ratepayers. We know that that situation is a very unhappy one for the ratepayers, but, in addition to that unhappy burden,ruthlessly and without consideration imposed by the Government on these local authorities which are compelled to increase these rates, we find the Valuation Office let loose——

Your Bill does not remedy that situation.

——for the purpose of increasing valuations on everybody they can find. The case cannot be made by the Minister for Finance that this Bill will cover only business premises. This Bill is designed to revise the system of valuation generally, and, if it becomes an Act, it will be of outstanding benefit not alone to the business community but to all sections of the people, and particularly the agricultural community about whom we hear so much at present.

Is it not well known that there are cases of farmers who are anxious to improve their holdings, who are more than anxious to avail of the land reclamation scheme and of the grants available under farm building schemes? We know that certain farmers, from a sense of civic decency and pride are anxious to make their holdings model holdings, holdings which are respectable, tidy and worthy of the tradition of the good Irish farm homestead. The improvements they may wish to carry out may be in the nature of the removal of the old thatched roof, which every medical authority in the country to-day declares is a handsome dwelling for all sorts and sizes of microbes and germ-carriers injurious to the health of those who live under it— and there are people who are anxious, at their own expense without availing of any grants, to replace these thatched roofs by tiles or slates—but the Valuation Office has no regard whatever for the financial circumstances of the industrious men who are anxious to carry out these improvements. Bad as it is that these men should be taxed in respect of the repair of their own houses, it is worse that they should be taxed out of all proportion to the value of the improvements by the Valuation Office in respect of improvements carried outon their piggeries, their stables, their barns, their grain-stores and their machinery-houses.

As the system of valuation is framed at present, it is a hindrance to the agricultural community in the carrying out of improvements not alone to their own homes but to their out-offices. Deputies know many cases—the cases indeed are not few—in which constituents tell them that they are anxious to carry out improvements, but are afraid to carry them out because the dead hand of the Commissioners of Valuation is likely to fall very heavily on them, if they do. Is it not an extraordinary state of affairs that our people to-day are afraid to improve their dwelling-houses, their business premises, their piggeries or their stables because of the existing valuation system which imposes unjust, cruel, brutal and uncalled for increases in their valuations? Is it not high time that some Government dealt with this matter as it should be dealt with?

The Minister for Finance tells us that the Government has legislation in mind to deal with the grievances of those who have been unjustly treated by the Valuation Office. During the Galway by-election the Taoiseach loudly proclaimed that the Government had a Valuation Bill in mind. Despite the fact that the Taoiseach promised this legislation at that time his Minister for Finance last week never once referred to it He went through this Bill section by section. He criticised it and he criticised the promoters of the Bill. He tried to make the case that this Bill would confer no benefit of any kind on the community. Never once did he tell the House what he had in mind. Never once did he ask the promoters of this measure to withdraw it so that he might introduce a similar, or even a better Bill.

It is the duty of the Government to introduce legislation to remedy the grievances that exist. A Bill of this type is long overdue. If accepted, it is one which will bring great benefits to the community as a whole. If it is enacted, it will have the effect of putting a stop to increasing valuations. Surely that is not too much to ask. What objection has the Ministerto giving instructions to the Valuation Office to the effect that there must be no further increases in valuations? Surely such a message would not choke the Minister for Finance. Surely the Minister will not be put under any undue physical strain in delivering such a message to the Valuation Office. If he has not the courage, the energy or the physical strength to give such an instruction to the Valuation Office he has in his Department a staff that can do it for him with a stroke of the pen.

That is all this Bill asks. What opposition can any Fianna Fáil Deputy have to that? The Minister did not say this was a bad Bill. No Fianna Fáil Deputy can say it is a bad Bill. Never once did the Minister say that this Bill was not demanded by the public generally. The various chambers of commerce throughout the country have made repeated requests both to the Minister for Finance and the Minister for Local Government for legislation of this kind. So far it has not been forthcoming. Never once did the Minister refer to the numerous deputations he has received in connection with this matter. Never once did he refer to the many complaints from his own constituents who have been unfairly treated because of increasing valuations.

I commend this Bill to the House. It is one which should have the approval of the House. Apparently the Government is not prepared to accept this Bill. They might at least tell us what legislation they have in mind so that we may allay the growing public uneasiness that prevails throughout the country because of the manner in which valuations are increasing. People to-day are selling their homes because they are overvalued and too highly rated. No attention is paid to the capacity of a person to pay increased valuation when any improvements are carried out. That section of this Bill which puts an end to that practice should have a whole-hearted welcome. If this Bill passes into law it will have the effect of providing more employment. Farmers will improve homesteads and out-offices. More material will be purchased. More willbe paid out in wages for services rendered.

Is it any wonder that people are afraid to carry out improvements at the present time? This is a good Bill. If it needs amendment, Deputies have the opportunity now of amending it. Section 3 meets the wishes of the majority of our people to-day. I regret the Government has not seen fit to take steps to alleviate the position long before this. Why do they hesitate? Why do they delay? They know that any such measure will have the full support of every Deputy in this House. This Opposition will give the Minister who introduces it every encouragement and co-operation. The Taoiseach prophesied in Galway. Unfortunately, that prophecy has not come to pass. He said the Government was anxious to meet the grievances of the people. The situation must be remedied. This measure has not been introduced just for the fun of it. Deputies are not anxious to draft Bills or take up the time of this House unless they know that there is need for such measures. The general public is calling loudly and angrily for legislation of this kind.

Let us hope and trust that the terms of this Bill will be accepted so that those who are suffering as a result of the existing valuation laws may know that they can carry out improvements and extensions to dwelling-houses, farm out-offices or buildings without the threat of a substantial increase in valuation.

If there is a case to be made in defence of this Bill we certainly have not heard it from the Deputy who has just spoken. He has attempted to palaver the House and possibly he may palaver the country into believing that this Bill provides a solution for what at the very least is a highly technical and highly complex situation. In the same way as the Minister for Finance is responsible for seeing that the necessary finances are made available for carrying on the annual State services, he has taken upon himself the responsibility,in partnership with the Minister for Local Government for seeing that the valuation laws are carried out. If you change the system of valuation piecemeal in this fashion because some particular interest or interests can organise themselves and secure a following in this House, where will it stop? Obviously, every section of the ratepayers, if organised, can contend and make a case that they are suffering unduly from the present system.

It seems clear, therefore, that if there are serious anomalies or even injustices, the proper course would be to go back to what was in mind before the war, that is, to have a general revaluation of the whole country where the whole question of valuations could be dealt with in a scientific, progressive and objective way.

To try to deal with matters of valuation by picking out particular sections of the community which may feel that they have grievances and attempting to deal with these in this manner is bound to fail because there is the other side of the picture, emphasised quite rightly by the Minister for Finance in his speech, that the general body of ratepayers must suffer to the extent to which special bodies or special interests among the ratepayers get relief. No matter what amendments are made in the valuation code in this Bill or any other Bill the same amount of rates will have to be paid. If A, B and C pay less, D, E, F, G and the rest of the alphabet will pay more. Is that not quite clear? Therefore, in order that A, B and C should persuade the remainder of the ratepayers to bear an additional burden in order to relieve them, those who represent A, B and C must tell the Dáil and the country what exactly the case for relief is and why it is that the injustices in the case of A, B and C are so grave that D, E, F and so on must pay additional rates in order that A, B and C should be relieved.

Deputy Flanagan spoke as if there were some inquisitors going around scourging those people who were improving their premises, business or otherwise. Of course, that is not the position. Under the existing law, where revision of valuation takes placeonly about 10 per cent. of the cases in which revisions of valuation were made appealed to the commissioners, and only one-half per cent. appealed to the courts.

The sponsors of this Bill have forgotten to state to the House and to the country that the aggrieved ratepayer can go to the courts if he considers that the revision of valuation is unjust. It must be taken from the round figures I have just given that most of the valuations, revaluations or revisions that take place annually are considered satisfactory.

In the case of dwelling-houses, for example, the erection and improvement of dwelling-houses, as Deputies know, is already provided for in the Local Government (Remission of Rates) Acts, that is, where no grants have been paid. Where grants are paid in respect of new houses, as the House is also aware, the Housing Acts provide two-thirds remission for seven years.

In regard to farm buildings, as the Minister for Finance pointed out, a section in the 1852 Valuation Act provides for seven years exemption from rates in respect of any increase in value arising from the erection of farm outhouses or office buildings. For many years it has been the practice of the Valuation Office to apply the relief laid down in the section to improvements to farm outhouses or office buildings. In fact, the increases in value are not entered in the valuation list until seven years after the erection or improvement has been carried out. So that, that part of the Bill which purports to deal with the matter of farm buildings and outhouses is unnecessary because the position is that these improvements are not entered into the valuation list for seven years.

As regards the burden of rates on industry, according to the Census of Industrial Production for 1950, rates constitute three-fifths of one penny per £ of the total value of production, so that they are not a very considerable burden. In fact, it seems to me that if we intend to maintain, improve and extend our local services and if we have regard to the increases in costs and in services, which all members of localauthorities know very well have taken place since the war, it is not really a case of attempting, in piecemeal fashion, to apply a little ointment here and there to relieve certain interests but rather of re-examining the whole position fundamentally in its relation to production, as is being done in connection with income-tax at the present time. The House knows that a committee has been set up to examine the burden of State taxation in relation to production in so far as the replacement, maintenance and modernisation of industrial machinery are concerned.

The revisions which take place yearly in respect of rates only amount to about 3 per cent. of the total number of rateable hereditaments. I think it is an important point in favour of the existing law that no revision of valuation can take place anywhere except at the request of the local authority. No amount of abuse of rate collectors in Laois-Offaly or Galway or anywhere else can blind us to the fact that the law is that the revision of valuation can only take place on the request of the local authority. What other system is suggested? Why should the rate collector, who is going about and who sees the situation, sees the property and how it is valued and has a general idea of the conditions, not exercise the power which the law gives him at present of asking for a revision?

Who is the local authority in that matter?

The local authority is the county council, I think.

No, the county manager.

Well, perhaps the county manager acting for the county council.

Would the Minister mind if I just said this: I had a peculiar experience of bringing a deputation from the county council to the chief valuation officer some time ago. The county manager did not turn up; and the councillors who came onthat deputation did not know what the Minister has now said until they were told it. I am glad that the Minister has made that statement. The county manager is the individual, and makes the application without the knowledge of the county council.

In any case the rate collectors are generally fairly sensible men. When there is a rate collectorship vacant there is generally a considerable amount of commotion in the area as to who is going to get the post, and we must assume that the local authorities who are entrusted with filling these vacancies give them to responsible persons; but according to Deputy Flanagan rate collecting in this country must have got into the hands of a rather peculiar body of personages who, as I said, can only be compared to inquisitors going around with scourges. That is not the situation. The fact is that if we do not carry out the existing law with regard to revision of valuation it is quite clear, as the Minister for Finance stressed, that the poundage rates generally throughout the area in which the clauses of this Bill would operate if it became law would have to be increased. There is no way out of that situation and, therefore, the general body of the community would, as I said in the beginning, have to make up for any deficiency. They would be prevented from getting the benefits of the existing law in so far as the rate collector or otherwise secures revision of valuation, which while it may increase the amount to be paid by certain ratepayers means that other large numbers of ratepayers do not have to pay. If we are going to be just and fair in this matter I suggest that we have to have regard to the fact that if the Bill became law the general poundage rates would increase and the general body of ratepayers would have to meet whatever additional charges might be required to be borne by them by reason of the fact that they would not be getting the benefits which the law might bring them at present through the revisionof valuation on certain rateable properties.

Rates, also, although paid by business men in respect of their premises can, I take it—at least a good many economists believe so—in due course be passed on like other overhead expenses to the consumer or the producer of the goods which the industrialist manufactures, or the business man, the wholesaler or retailer, may distribute. In any case it is fairly generally believed that business people are in a position to pass on those overhead expenses.

This Bill does not, as I have suggested, deal with private houses. It deals with business premises and it purports to prevent increases in valuations on business premises unless improvements have taken place. Might I point out to the House that even in respect of the five-fourths valuation at present business premises are entitled to set off the rates paid on their business premises as a charge against their profit, thus meaning that they are saved from income-tax in that respect. Payers of rates on private residences have to pay income-tax. Some of us may feel that there is a certain anomaly there. At any rate, a certain amount has been done to meet the circumstances of business people, who certainly have to improve their premises if they are to maintain their commercial existence. Very often they have to undertake very heavy substantial expenditure, and the income-tax code has made provision for allowances in that regard. The full increased valuation, including the five-fourths, of business premises is allowed as a deduction in computing the income-tax liability on the profit under Schedule D of the income-tax code.

It could be pointed out also that in fact all valuations on which rates are paid at the present time are in fact themselves improvements from the historical point of view. Buildings fall into desuetude, they become ramshackle, they fall down or their owners replace them, and in the course of a generation or two you may have entirely new buildings. Where are you going to draw the line in respect of this relief that you aregoing to give for improvements? It is a very, very difficult matter. The Government has endeavoured to deal with it from rather a different angle, and that is from the point of view of trying to help employment.

If the amount of employment that we are going to get is not going to bear a substantial and genuine relation to the amount of remission of rates, or taxes for that matter, that you are going to give, the game is not worth the candle. If, on the other hand, there is an inequitable burden on business people, let the case be examined.

On the second point, if employment can be given where there is unemployment at the present time by making a concession, the Government is prepared and is having legislation prepared to give rates remission in these cases. It is a new departure and I hope it will be fully justified by the results. I hope that we shall have a new look on Dublin City and that when the next Tóstal or the Tóstal immediately following it arrives, our business premises will have been greatly improved and greatly altered as a result of the legislation which the Government hope to bring shortly before this House.

I rise to speak in favour of this Bill although I think that, perhaps, I should require certain modifications. The question of valuation is not as simple as a number of Deputies seem to think. There is undoubtedly the fact that, on the one hand, if you increase the valuation immediately an improvement is carried out you penalise the man who improves his property whether it be commercial, private or agricultural. On the other hand, you have the Valuation Office—who are carrying out the wishes of the Government and, indeed, presumably, of successive Governments—saying that people who erect new premises must not expect to get away with the same old valuation. I think that that sums up the two schools of thought in connection with valuation and the dice has been loaded entirely against the individual who improves his property. I have seen that from a private point of view.

We all have met people who told us that they put up, in the suburbs, perhaps, a very small garage or some sort of a shed to hold a motor car. The majority of motor cars at the present day are necessary to people. They are not all by any means luxuries. Many people have to have motor cars for their business and, anyway, even if they have them as a luxury there is a very great industry there which it is the policy of the Government to encourage. We all have had experience of hearing people who put up garages in the suburbs complain bitterly of the increase in their valuation. That is the type of action we have had on the part of the Valuation Office which, in my opinion, has not been in the public interest. When I say "Valuation Office" I do not say so in any personal sense so far as the officials or the men who are carrying out their work are concerned. I use the term to describe that part of the Government which carries out governmental policy in relation to valuation. That is what the Valuation Office are doing and it is their duty to do it but, as a result of successive legislation in this matter, we have now arrived at a situation where initiative is stifled.

On the industrial and commercial side, every business person has to think very carefully what type of building he will put up and what improvements he will carry out. In many cases, business people have to consider the matter so carefully from the point of view of increase in valuation that they hinder business in what they eventually do—and that is something which is not to the benefit, in the main, of the people of this country nor does it help industrial or commercial policy.

The Minister for Lands referred to the poundage. He seems to think that the poundage would increase if legislation somewhat on the lines of this Bill were passed. I do not quite follow him on that because, actually, this Bill does not propose a reduction in the valuations: it proposes a freezing of increases in valuations for seven years. Personally, I am inclined to think that that might be too long a period unless you had a much more subtle definition of what really constitutes "increase".

I think the seven years might be too long but, at any rate, it is a step in the right direction because it enshrines in legislation the principle that you are going to give the individual who has carried out improvements, at some cost to himself, time to get over the cost of the improvements before you make him pay an increased rate and an increased income-tax on his improvements. The difficulty is that the individual who carries out these improvements, by virtue of the increase in valuation, is immediately hit. I can think straightaway of three different ways in which he is hit. His rates go up. He pays income-tax on five-fourths of his valuation immediately. That means that, for income-tax purposes, for every £1 increase in valuation, income-tax is levied on 25/-. The third immediate increase is in regard to his basic rate payable to the E.S.B.—that is, if he is a private individual. Therefore, there are three different things which hit him straightaway in addition to the cost of putting up the buildings themselves.

I think the House will agree that one of the ills which we suffer from in this country is that we have not got enough forms of employment. This House tries to encourage building and industry generally in every way it can and yet the results flowing from our valuation laws are completely at variance with the policy which is enshrined from time to time in the various Bills which come before this House. That is the most serious aspect of our valuation policy. It is not at all in keeping with our general industrial policy in these respects.

The Minister for Lands referred to income-tax on improvements being allowed. I think he is looking at the problem through rose-coloured spectacles, because that is not at all the experience of commercial people, or of the ordinary individual. You are not allowed to set off your expenses on improvements in matters like that. The question of capital expenditure on repairs and improvements is a very difficult and complicated one andit has to be gone into by skilled persons. Again, as a result of the governmental policy in that respect, I am afraid you do not find what the Minister for Land says, so the individual is hit when he carries out the improvements.

There is another matter in connection with valuations and I am sorry to see that it is not mentioned in this Bill, but perhaps it will be done in the Bill which apparently the Government contemplates bringing in. The valuations of premises all over the City of Dublin and the suburbs in many cases do not bear any real relation to the present value of the house. I know buildings which were valued 70 or 80 years ago when there was an idea that people had to pay a very big price for, I suppose, what they thought was the "snob" appeal of a district. If a district was what was then considered a high-class district, owing to the low rates which were then paid it did not much matter if the valuation of the house was set very high. You had these small little local councils which abounded in South County Dublin at that time. Every time a new building was put up in the area, they practically hung out a flag in the local town hall and said: "Here, boys, is another chance to get in £70 or £80 valuation." If the house was put up in a good district, a very high valuation went on it.

We now live in a period when rates, in the main, are round about 30/- in the £, or very nearly that in most cases, and there is this income-tax on five-fourths; so that a high valuation on a house hits the occupant of that house very heavily indeed now, whereas 70 or 80 years ago the rates did not matter so much.

There is the further point that in the intervening period what was a high-class district has now become, perhaps, a very different type of district. As a result of the high valuations in many cases the decay of certain districts is accelerated. You find big houses which have become nowadays difficult to maintain, difficult, in fact almost impossible, to staff. People have not the money for them and they are houses that were generally somewhat difficult to sell and expensive tolive in. Instead of a reduction of valuation taking place, there is the same high level of valuation levied on those houses. That again accelerates the decay of a neighbourhood. The more difficult houses are to sell, the more quickly the neighbourhood decays.

In that respect our policy on valuation is not used as an instrument of our general policy in respect of houses. I am sure there is no Party or individual in this House who feels that the building up of slums is something that is in the public interest. I do not think any of us wants to see the decay of property down to the level which some properties reached in the City of Dublin. If we can do anything to maintain the life of a number of our houses, I think we ought to do it. One of the ways of helping to maintain these larger and more awkward and expensive houses to run is to see that the valuation is not kept at the level it was when those houses were occupied by people of wealth. It only means that you are accelerating the decay of those houses and ensuring that they will be turned into tenements.

There are numbers of other matters in connection with valuations and general policy that I would like to touch on, but they are very complicated and it is difficult to see how a clear policy can be formulated on them. One of the matters arising from what I said at the beginning of my speech refers to the allowing of improvements. What we would like to see is improvements encouraged and at the same time radical changes also encouraged but paid for in increased valuations where such increased valuation is a fair and equitable thing. I am not asking that all improvements on buildings should be let off scot-free. I think that that would be something that we could not stand over because a firm might put up something that really would be a genuine extension to its property. That would be an addition on which firms would expect to pay a certain, though not a harsh, increase.

However, there are those highly debatable and, in fact, unjust increases of the type to which Deputy Flanagan has referred. I did not quite follow Deputy Flanagan in all he said butthere are these internal improvements in various business premises in regard to which an increase in valuation is not always merited. If a publican is charged on an increased valuation for a new counter, that to my mind is something that is very foolish and wrong especially where such improvements have been carried out in compliance with the Health Act or by virtue of other Acts which were passed here insisting on improvements in shops. I think that an increased valuation in respect of such improvements is something that seems to cut across our general industrial policy.

This is a very complicated problem, and up to the present I do not think our legislation has at all mirrored the complexity of it. I do not think our legislation has given any line to the Valuation Office in respect of such improvements. I should like if it were more generally known amongst the public and commercial people just what they could do without incurring increased valuations because very often they do something which they consider is in the same category as putting in a new pane of glass—I do not say it happens in the case of putting in a new pane of glass, but it may happen in the case of improvements that they regard as being akin to that —and then to their horror they find that their valuations are increased. The Valuation Office in these matters are doing their duty, I think, but a clearer policy should be laid down for them. The archaic principles underlying Valuation Acts of the past have been carried on to this day with very chaotic results.

I welcome this Bill, and I think it can be said for it that it has gingered up the Government to the extent that, apparently, it is going to bring in a Valuation Bill of its own. I am not very clear as to what the Minister for Lands said in regard to firms being allowed some reduction—I think he said a reduction in rates, but I did not catch it very clearly—for cleaning up premises in the City of Dublin. I should certainly be glad of that concession, and I think it is one that, if it were applied all over the country, would go a long way towards assisting employment and, secondly, would conduce towards the brightening up of our cities and towns. I am glad that this Bill has been introduced inasmuch as it has ventilated a very real problem which exists in relation to valuation. In conclusion I would say that we must have a valuation policy in keeping with modern conditions and which does not cut across other types of legislation enacted in this House.

This question of valuation law presents many problems. I do not suppose that there is a Deputy on any side of the House who has any knowledge or experience of it, who can say that he is happy about it. I do not think, however, that the type of contribution which we had from Deputy Flanagan can assist us to find a solution for the problem. He attacked everybody who is in any way connected with the operation of the valuation laws. He attacked fiercely the rate collectors who are put under a penalty to report, as part of their duty, premises for valuation. He attacked the valuers for putting on, as he alleged, excessive valuations though they are all trained men. Under the valuation law, if a person is dissatisfied with the valuation put on his property by a particular valuer, he has one free appeal on which a different valuer always acts. If he is not then satisfied, he can go to the court and employ any valuer he likes to prove his case. In that respect, I think there is not much to be said against the valuation laws though Deputy Flanagan thought fit to attack everybody who was in any way connected with it. This Bill does not propose to alter it by one iota.

I take very strong exception to Section 2 of the Bill. We have been hearing all about the grievances of people whose valuation has been increased in recent years, but if we were to accept Section 2 of this Bill we would just stabilise that position indefinitely. As things stand at the moment, the greatest grievance I find amongst people is the fact that because they carry out some improvements or because, for some other reason, their valuations come up for revision, thesevaluations are increased whilst neighbouring houses will remain at the old figure.

Several times it has been stated to me that if there were a general revaluation there would be no grievance because then, with valuations as between neighbours and competitors in business equalised, the rates would probably come down and be adjusted as between them. In the course of time those other premises would naturally have to come up for revision. Something will have to be done about them, and while it might take a long time it would ultimately work itself out. But under Section 2 it could never happen.

Then there have been cases where houses have been let in so-called flats without any alterations being made, and as much as six or eight times the previous rent is being got for them. Under Section 2, they could not be revalued. Houses also have been turned into business offices without any alterations being made, and very largely increased rents got. They could not be revalued under this section. I do not think it would be fair to the rest of the community that because of a section like this other people should have to pay an excessive share of the charges which are based on valuation, while under the present code people who do such things as I have mentioned would have to pay their full share. Therefore I think that the cure suggested in this section would be certainly worse than the disease.

I have a certain sympathy with Section 3, but I do not think it would be wise to remit the complete increase of rates for seven years. I think the proposal of the Government to remit two-thirds of the increase for seven years would be better, because I feel that as long as we have the present basis of valuation it is better that people should know that they will have to pay increases, and if you remitted the total increase for seven years they would have exactly the same grievance when the full increase was imposed after the carrying out of alternations. From the point of view of carrying out the valuation law I think that that would be unwise.

My other objection to this section isthat it applies to business premises only. Deputy Morrissey the other day referred to the fact that Deputy Norton had raised that question. As reported in column 527 of the Official Report of the 23rd October, Deputy Morrissey said:—

"Deputy Norton, speaking on Wednesday night, said that the only thing in the Bill with which he found fault was that it had not a section in it to cover ordinary dwelling-houses where there was an addition to or an improvement in an ordinary dwelling-house. That is not necessary because that case is already covered under the Remission of Rates Act and we are dealing here only with premises which are not covered and which are suffering."

That is not so. If a man living in a dwelling-house which was built 30 years ago before we had grants and remission of rates built a garage or made any addition to it, under this Bill he would immediately become liable for rates on the additional valuation. Therefore, dwelling-houses are not covered. Deputy Morrissey is in error in what he said in regard to that. Even in the case of a grant house, if a man built an addition to it he would have to pay the full rates on that addition under this Bill as it stands. I do not think it would be right to ask the ordinary householder to pay the excess rates which would be levied on him as the result of giving this concession to business premises. I think that if anything like what is suggested in Section 3 were adopted it should apply to houses as well as to business premises. That is a serious defect in the Bill.

It is plain from the speeches I have listened to here that those who favourthis Bill are attacking the whole basic structure of the valuation law, but they have not offered us an alternative. Some years ago I felt very much that way myself, and I tried to find an alternative, but anything I could find as an alternative would work out worse than the present valuation law, and as far as I am concerned I feel it is much the best of a bad lot, if you like to put it that way. I am not at all satisfied with it but I cannot find anything better. The framers of this Bill did not find anything better apparently or they would have put it into this Bill.

It is easy enough to attack the valuation law when you only look at one side of the question, but when you come to examine it in its entirety you will find that the idea behind it is quite fair. The carrying of it out, owing to the period it takes to rectify things makes it very unpopular, but I would prefer to have the present valuation law rather than the law as it would be if this Bill were passed. We would have far more grievances as the result of it instead of its being a help. That is my attitude to it at any rate. As one who would like to make some amendments in the present valuation law, I think it would be well for the framers of this Bill to reconsider the matter and withdraw it and try to get something to which we could all subscribe. I am sure they would find a great deal of sympathy for any honest effort to try to improve the valuation law.

I move the Adjournment of the debate.

Debate adjourned.
The Dáil adjourned at 11 p.m. until 2.30 p.m. on Thursday, 29th October.
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