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Dáil Éireann debate -
Thursday, 27 Oct 1960

Vol. 184 No. 2

Local Government (Temporary Reduction of Valuation) Bill, 1960—Second Stage.

I move that the Bill be now read a Second Time. The main purpose of the Bill is to continue for a further period of three years the rate remission provisions of Part II of the Local Government (Temporary Reduction of Valuation) Act, 1954. The Bill also provides for a new method of calculating the county demand on the Buncrana Urban District Council in the year 1960/61 and subsequent financial years, the extension of the period of exemption from rates on new or improved farm buildings from seven to 20 years, and the reduction by one-half of the rates levied on half rents by county councils.

Part II of the Act of 1954 provided for the granting of a two-thirds remission of rates for a period of seven years on the valuation of new buildings and on the increase in the valuations of existing buildings that were enlarged or improved where the work on the construction, enlargement or improvement was begun and completed between 27th July, 1953, and 26th July, 1956. The Local Government (Temporary Reduction of Valuation) Act, 1956, extended this period up to 31st March, 1960. The remission so provided applies to all buildings, including hotels, shops, factories, offices and dwellinghouses, which do not qualify for a remission of rates under any other Statute. Where a building is enlarged during the prescribed period and in the revised valuation following that enlargement, earlier improvements or additions are taken into account, the remission will also apply to those earlier improvements and additions.

The purpose of this legislation is to expedite works of building or construction to which the rate remission provisions of other statutes do not apply and the execution of which might otherwise be delayed. From this point of view it appears to be desirable to continue for a further period of three years the rate remission provisions of the Act of 1954 and Section 1 of this Bill provides accordingly. It is estimated that the number of buildings which receive rate remissions under these Acts amounts to about 1,500 premises each year.

Section 2 of the Bill provides for the amendment of Section 14 of the Valuation (Ireland) Act, 1852. The Act of 1852, provides that no hereditament or tenement shall be rated in respect of any increase in value arising from the erection of any farm, outhouse or office buildings for a period of seven years. This exemption provision has been interpreted as applying also to the enlargement or improvement of such farm buildings. In present circumstances, when many farmers are effecting very desirable improvements in farm buildings, particularly in connection with the bovine tuberculosis eradication scheme, there is a good case for making a further concession in the rating of such buildings. It is accordingly, proposed in Section 2 of the Bill to extend the period of rate remission provided in the Act of 1852 to 20 years in respect of farm buildings which are erected, enlarged or improved between 1st April, 1960 and 31st March, 1963.

As a result of the revision of all rateable hereditaments which was carried out in Buncrana urban district in the year 1950 at the request of the then urban district council, the total valuation of the urban district increased from £7,563 at 1st March, 1950, to £11,445 at 1st March, 1951. This steep increase in valuation resulted in a corresponding increase in the demand levied on the urban district council by the Donegal County Council. A provision was included in the Local Government (Temporary Reduction of Valuation) Act, 1954, which was intended to bring the valuation of the urban district for county demand purposes in the year 1954/55 back to what it was estimated it would have been if no general revision had occurred and only normal increases had taken place. That Act provided for an increase in valuation of £330 each year until, in the year 1963-64, the county demand would be based on a valuation of £11,520, after which the ordinary basis of valuation would apply.

This provision did not afford the intended degree of relief because the estimate of a normal annual increase of £330 was not realised. The average annual increase in the valuation over the past nine years has, in fact, been only £93. The result has been that the county demand on Buncrana is now considerably more than it would be if the general revision had not taken place. It has been estimated that to date Buncrana has lost up to £16,000 by reason of the 1950 revision.

The position of Buncrana vis-a-vis urban districts generally was further worsened by Section 50 of the Local Government Act, 1955, which provided for calculating the county demand on urban districts on the basis of net valuation and not, as hitherto, on the basis of gross valuation. This provision was to the advantage of urban districts generally but a special provision was included to the effect that, in the case of Buncrana, the county demand should be assessed on the gross valuation, thus preventing that urban district from gaining the benefit conferred on urban districts generally by the 1955 Act.

The Buncrana urban council have been pressing strongly for amending legislation to give them relief in respect of the disproportionately heavy impact of the county demand on their district and the Donegal County Council have supported their request. Section 3 of the present Bill is intended to meet their application for such relief. The Bill provides that for the year 1960-61 the county demand on Buncrana will be calculated on the basis of 70 of the net produce of a rate of a penny in the £. This will have the effect of placing Buncrana in the position in regard to the county demand in which it is estimated it would be if the general revision of valuations requested by the then urban council in 1950 had not been made and only normal increases in valuation had taken place. For the year 1961-62 and the subsequent years the fractions proposed are .71, .72, .73 of a penny and so on until in the thirtieth year the fraction will be .99. The result of this will be to spread over a period of 30 years from the year 1960-61 the effect on the county demand of the abnormal increase which resulted from the 1950 revision. The immediate effect of the proposed legislation would be to reduce by approximately £3,700 the county demand on Buncrana for the year 1960-61.

Section 4 of the Bill provides for the granting of rate relief on half rent valuations in county health districts. Under existing legislation, a person receiving a rent in respect of a hereditament exempt from rating under Section 63 of the Poor Relief (Ireland) Act, 1838, used for charitable or public purposes is liable to be rated in respect of half such rent—called the half rent. In county boroughs, boroughs and urban districts, rates are assessed on a fraction only of such half rents. The fraction is 50 per cent. in urban districts and boroughs, and in the county boroughs it varies from 22 per cent. in Dublin to 60 per cent. in Waterford. The existing legislative provisions in regard to the rating of half rents are anomalous. Where an owner pays full rates on the half rent, he would, in fact, suffer a loss in cases where the county rate exceeds 40/- in the £.

While I am aware that in a large proportion of cases, the tenant, by arrangement, pays the rates, I feel there is a strong case for granting rate relief on these half rent valuations. Section 4 accordingly provides that for a period of 10 years from 1st April, 1960, half rents in county health districts shall be assessed on half their valuation only. This Bill is a temporary Bill and it would not be appropriate to include in it general provisions dealing in a permanent way with the rating of half rents. It is hoped that before the expiration of this 10 year period the general question of the rating of half rents will have been fully examined.

Local Government legislation granting remission of rates in one circumstance or another has been, in operation for the past 40 years and has always been on a temporary basis. The Bill proposes to continue the temporary nature of the legislation so that it will be subject to review from time to time. In present circumstances, the impetus these rate remissions give to building projects more than compensates for the extra levy it places on the ratepayers and I recommend the Bill to the House.

Because of the high rate now demanded by local authorities, any Bill which relieves the burden on the ratepayers is welcome. For that reason principally, we welcome this measure. This is a Bill to continue an Act passed in 1954, which was also at that time regarded as a temporary measure.

We are glad the Minister has seen fit to amend the Valuation Act of 1852. As he rightly pointed out, the farming community have now to expend considerable sums in improving farm buildings because of the regulations laid down for the eradication of bovine tuberculosis and also in order to comply with the regulations under the Health Acts. This expenditure is a heavy burden. Under the 1852 Act there was a remission for seven years on such buildings. That remission is now being extended to 20 years. That is something which is very welcome and I hope that it will encourage the farmers to continue enlarging and improving their buildings.

The Minister referred to the rate known as the "half rent" in county health districts. I took this matter up with the Minister and I am very grateful to him for making provision in this Bill to deal with the matter. In county health districts where the poor rate exceeds 40/- the owners of premises suffered a loss because of the operation of the half rent system. Urban areas were in a different category. Under this Bill both the urban health districts and the county health districts will be brought into line. That is something which will encourage people to let houses, for charitable purposes, which would be exempt from rates in ordinary circumstances.

A special section of the Bill deals with Buncrana. The necessity for this section shows how careful members of local authorities should be. In or about 1950 Buncrana, of its own volition, sought a revision of the poor rate. Now the Minister is introducing a section in this Bill to undo the harm these gentlemen did at that time. We are glad he has found a method whereby he can come to their assistance. My efforts in 1954 were unavailing. This section will give relief to the ratepayers of Buncrana. At the same time, after a period of 30 years they will be paying full rates on their valuations.

I do not think there is anything else to which I wish to refer other than to repeat that any measure which relieves the burden on the ratepayers is always welcome.

I welcome this Bill because it achieves a number of things as far as the ratepayers are concerned. There will be relief for those who are trying to rid their herds of bovine tuberculosis and who are compelled to incur very heavy expense in doing so.

With regard to the "half rent" problem, solicitors and house agents will tell you that in counties like Donegal, where the rates in the £ are over the £2 mark, owners of properties are actually at a financial loss. Even if they do not have to carry out repairs, they are at a loss. If they have to carry out repairs, the property is a complete liability. Because of that, it is good to see this new section designed to remedy the present situation.

I congratulate the Minister on introducing Section 3 to remedy the position in Buncrana. As has been pointed out, that position was brought about through the action of the local authority some 10 years back. It was unfortunate a decision was taken at that time. It was unfortunate that the Valuation Office were so expeditious in carrying out the recommendation of the local authority. In 1954 an effort was made to remedy the situation but because building had slowed down the annual increase of £330 was not reached. The increase in valuations from a total of £7,000 to a total of £11,000 militated against building progress. The 1954 Act fell short inasmuch as it failed to put the ratepayers back into the position they would have been in had no revaluation taken place. The Minister completely remedies the position by Section 3 of this measure. He bases his calculations on the actual average increase over the last number of years and he has arrived at a figure of £93 per year average increase.

He has got round to basing the rate on .7 of 1d. rather than on 1d., increasing by one hundredth of 1d. for the next 30 years. That solves a very serious problem. I congratulate the Minister on introducing the provision and I am sure it will be appreciated by the local authority.

I want also to mention that Donegal County Council although they are losers in that they will now get less money by way of county contribution, in the interests of justice backed the claim of Buncrana. They felt the previous action was unfair and should be remedied.

The Minister has done a number of good things in this Bill. As far as Buncrana area is concerned, he has done a very good job indeed.

I think all of us are pleased that the Buncrana problem, which all of us have known about for the past ten years, has been fixed up to the satisfaction of the Minister, Deputy O'Donnell, Buncrana Town Commissioners and the Donegal County Council. I have no wish to interfere in the local affairs of County Donegal. I am sure the Minister asked himself, as I now ask myself, how all this happened and what will be the end of this sort of business. The question arises what value can we place on the valuation of the Valuation Office?

Here is a simple situation where the Buncrana Urban Council request the Valuation Office to revise or examine the valuation of the town of Buncrana and they increase it from £7,500 to £11,500. That is regarded by the citizens, and I suppose rightly so, as unfair in relation to the county payment; they pay much more than their share in relation to what other people pay. I am certain the Minister has no responsibility for the Valuation Office. I think it is probably the responsibility of the Minister for Finance.

It must give us all food for thought that this sort of thing can happen and that the Minister for Local Government has had to provide special legislation to undo what the Valuation Office did. The Minister is perfectly right in doing this but the Government and the Minister for Finance should pay a little more attention to the problem.

I am entitled to ask that the valuation in respect of any premises be re-examined and if necessary revised by the Valuation Office. Could I not therefore in respect, say, of Gorey which is governed by Town Commissioners, request the Valuation Office to revise the valuation of every house and business premises in Gorey and put them in the same spot as Buncrana?

The request might be answered.

Yes, and possibly this Minister or some future Minister would have to introduce legislation to correct a wrong done to the people of Gorey as was done to the people of Buncrana. I do not know if the Minister has any comment to make on that. The Valuation Office is not the responsibility of the Minister for Local Government even though he has a lot to do with it and many of the decisions of his Department impinge on it. He is responsible for this legislation to relieve certain ratepayers in respect of new constructions, reconstructions and additions.

The Buncrana business was a mess; whose, we do not know. The Valuation Office protest they did their job in accordance with the rules and regulations by which they are bound. However, they did it in such a thorough way that the people of Buncrana were mulcted for rates to such an extent that the Minister for Local Government now has to come with legislation to undo what the Valuation Office did in 1950.

This Bill is designed to amend the Valuation (Ireland) Act, 1852. That Act provided that farm buildings would be relieved of rates for a period of seven years after they were constructed. Under Section 2 of this Bill it is proposed to extend the period of rates remission to 20 years in respect of farm buildings erected, enlarged or improved between 1st April, 1960, and 31st March, 1963.

I think you will create a very unhappy situation if you provide this relief for a period of 20 years for one man's farm buildings while the man who has collaborated with the Department of Agriculture to improve farm buildings last year or the year before finds he is entitled only to seven years' remission. The man who has been hanging back is rewarded for his reluctance to collaborate by getting a remission of 20 years.

The farm buildings scheme came into operation in 1949. The Department of Agriculture had been pressing very hard on every farmer to take advantage of that scheme to improve his buildings and a great many of them did. I think in the financial year ended 31st March, 1957, nearly £800,000 was paid out in grants in respect of farm buildings. Very considerable sums have been spent practically every year since 1950. Would it not seem more equitable to provide that farm buildings erected since, say, 1949—when the farm buildings scheme was introduced by the Department of Agriculture and farmers were exhorted to collaborate with that Department in the improvement of their buildings—should enjoy this 20 years' remission?

One of the great difficulties that every Minister for Agriculture experiences is to get farmers to avail of schemes designed for the improvement of the industry as a whole. No more unfortunate impression could be created upon the public mind than that those who hang back do better than those who show the way. In respect of these schemes, it was a matter of great importance to me when I was Minister for Agriculture, and I do not doubt it is a matter of great importance to my successor, to find in every parish some enterprising person to demonstrate the value of a scheme by availing of it and showing its benefits to his neighbour.

On behalf of these people, who are the cherished friends of any Minister for Agriculture, I suggest the Minister should consider providing that the 20 years' remission which in the Bill is available in respect of buildings erected, enlarged or improved between 1960 and 1963 will apply to farm buildings erected, enlarged or improved between, say, 1st April, 1949, and 31st March, 1963.

Debate adjourned.
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