I move that the Committee agree with the Seanad in amendment No. 1:
Section 19:
In page 14, subsection (1), lines 1 to 6, paragraph (b) deleted.
Private Members' Business - Derelict Sites Bill, 1989: From the Seanad.
The Dáil went into Committee to consider amendments from the Seanad.
Perhaps the Minister would put on the record of the House the purpose of the amendment.
The amendment eliminates the explicit provision for interest which section 19 (1) (b) originally made in the context of compensation for the compulsory acquisition of a derelict site under the Bill. The Derelict Sites Act, 1961, contains no provision on the lines of paragraph (b) of section 19 (1) and on that basis it is arguable that paragraph (b) is not essential.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 2:
Section 23:
In page 16, lines 10 to 12 deleted and the following substituted:
"(a) in respect of the local financial year which is prescribed in accordance with subsection (1), three per cent. of the market value of urban land concerned, and".
This amendment corrects a drafting error. The intention of paragraph (a) of section 23 (3) was to fix the amount of the derelict site levy at 3 per cent for the first year in which the levy will operate. Instead, paragraph (a) referred incorrectly to the first local financial year after the passage of the Act. Section 23 (1) already provides that the levy shall begin on such year as may be provided by the Minister. It is essential that the initial 3 per cent rate of levy should be co-ordinated with this provision and that is what the amendment sets out to do.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 3:
In page 16, lines 32 to 35 deleted and the following substituted:
"(7) Where urban land ceases to be derelict at any time during a local financial year, the amount of the derelict site levy referred to in subsection (3) shall as respects that urban land be reduced by an amount determined by the formula——
A/365×B
Where——
(a) `A' is the number of days remaining in the local financial year after the time at which the urban land ceased to be derelict, and
(b) `B' is the amount of the derelict sites levy as respects the urban land, determined in accordance, with subsection (3),
and adjustment by way of refund or set-off, as may be appropriate, shall be made accordingly in relation to any amounts paid in respect of derelict sites levy or any amounts due to owing in respect of such levy in relation to that local financial year.".
This amendment provides that where urban land ceases to be derelict at any time during a local financial year the amount of the levy should be remitted not for the whole local financial year, as the Bill originally provided for, but only in proportion to the period of the year for which the land was non-derelict.
Why is that? Is it in terms of equity——
It is to fine tune the original provision and make it more equitable.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 4:
Section 32:
In page 19, line 40, "in the prescribed manner" deleted.
There was a drafting error and this amendment corrects it. It would be inappropriate for the Minister for the Environment to prescribe the manner of application to the District Court for an order under section 32. This matter will be governed in the normal way by the rules of the court. It simplifies the whole procedure.
I am not sure what the procedure is at this stage because we are dealing with amendments from the Seanad. Perhaps the Chair might be a little more relaxed in his interpretation of the rules of the House now than he was earlier. Am I in order in asking the Minister when the Bill, if enacted, will be implemented?
We would like to implement it as quickly as possible. Something will have to be done in so far as co-ordination of the register is concerned.It is our hope that this will be done over the summer and autumn periods.I would like to see it brought into play on 1 January 1991, but it is only possible to make it effective if the register is deemed to be completed. The levy can then apply from the first day of the financial year subsequent to the register being completed.
In respect of any regulations or any other measures that may be required between now and 1 January next year, the Minister should not hesitate to come back to the House to seek assistance. There are far too many people who have lived with the nuisance and annoyance of derelict sites and far too many landlords, including local authorities, who have evaded their responsibilities.This is good legislation. I am pleased that the Minister has accepted some amendments from the Seanad but somewhat dismayed that it has delayed the passage of this Bill. If the Bill is better, so be it. I would hate to think that it might languish with the same degree of lethargy as has afflicted the Building Control Act. I hope the Minister will ensure that this will be up and running. Is it proper and correct to say that individual tenants and residents' associations can, independent of local authorities, start to indentify sites which they consider to be derelict for submission in any register that may be compiled by a local authority?
The answer to the Deputy's question is in the positive. It is our intention to have regulations circulated within a few weeks. We have already completed some elements of the administration of it. The only thing that might delay matters would be the levy. Everything else will certainly be in place before the start of the next financial year. The levy is an important matter and it can only apply when the register has been put in place. The regulations will be with the local authorities to do that. Perhaps we might encourage the local authorities to have the register prepared speedily. Individuals, communities or associations can make representations to have items put on the register.
This very attractive tête-a-tête is not in accordance with Standing Orders but in so far as it is a refreshing balance to earlier deliberations we will allow it to continue for another minute or two.
You are not in the Park yet.
I would not wish to delay the passage of this important legislation any longer than necessary. The implementation of the new legislation will require a lot of work by local authorities in drawing up registers, inspecting sites and so on. When we last debated this Bill in the House it was asked whether the local authorities have the resources to give effect to the legislation. I wonder if the Minister has given any further consideration to the point and if, in view of the general welcome for the Bill and the co-operation he has received this evening, he will consider providing the necessary resources to the local authorities.
We are satisfied that local authorities have the resources to deal with this matter. It would be fair to say that local authorities have been expecting this legislation for some time. Benefits will accrue to them in two ways in that there will be prevention of dereliction and they will be the beneficiaries of any penalties that will accrue. Some of them could be quite substantial. I do not think there will be any lethargy on the part of local authorities. Many of them have been in touch with me in the hope that the matter will be disposed of as quickly as possible. This is good legislation and it has taken some time for the right Minister to be in charge in order to bring it to the House.
Do not ruin it.
It got a good passage through the House and has been strengthened by some of the amendments which came from all sides. It will be very important legislation in the armoury of local authorities and the Government in the prevention of dereliction and improving matters in urban areas. I welcome the support of Deputies in this matter.
We have had a very constructive debate on this Bill. I welcome the fact that a number of amendments have been made to improve it and I am anxious to see it up an running. Presumably when we complete our business the President will sign the Bill. I would ask the Minister to circularise the local authorities, perhaps in advance of the regulations formally being made, to advise them to undertake preliminary work in the identification of sites. The target of 1 January should be met but we are now heading into the summer months and if they do not commence the necessary work until September there might be great difficulty in meeting the timescale.
I welcome the fact that the Bill has finally completed its legislative passage. I do not want to spoil the Minister's night but in fairness to colleagues on this side of the House I should remind him that this Bill was not produced by him until we published a Private Members' Bill. We have had a very constructive debate and the Minister has been open to changes which have produced a better Bill. I welcome the fact that the Bill will now go on to the Statute Book.
There will be no delay. It will be of interest to Deputies that the Planning (Compensation) Bill which also had a good reading was cleared on 10 June and we already have regulations and guidelines out. It is our intention to do a similar job on this. These pieces of legislation are welcomed by everyone and there is no delay.
Would the Minister like to handle the Broadcasting Bill?
I understand my colleague is doing an exceptional job and will be making all the necessary arrangements to deal with it expeditiously.
With the full co-operation of the House.
Amendments reported and agreed to.