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Dáil Éireann debate -
Thursday, 29 Jun 2000

Vol. 522 No. 4

Ceisteanna–Questions. Priority Questions. - Professional Fees.

Question:

5 Mr. Hayes asked the Minister for the Environment and Local Government if he has had considerations made, in consultation with other Departments, into the need to introduce legislation or regulations to restrict the cost of escalating professional fees in relation to the transaction of property within the housing market; his views on the need to remove the fixed percentage fee based assessment of cost which solicitors and auctioneers apply; and if he will make a statement on the matter. [18843/00]

I propose, in common with other Ministers, to initiate discussions with a range of professional representative groups in relation to the cost of fees as part of the Government's anti-inflationary package. In particular, my Department will have discussions with the Irish Auctioneers and Valuers Institute and the Institute of Professional Auctioneers and Valuers regarding auctioneer fees or housing transactions. The Minister for Justice, Equality and Law Reform will initiate discussions with the Law Society regarding solicitors' fees.

I am aware that rising house and property prices have meant rising fee incomes for many professionals working in the property area. However, there is competition in the market for the professional services of solicitors and auctioneers and people can avail of savings by exploring the various options open to them. People can obtain better value by shopping around for professional services and should be encouraged to do so. Indeed, I understand that percentage-based auctioneers' fees have decreased somewhat in recent years. Nevertheless, it is important that all professional and representative bodies recognise the need for a sense of social responsibility and restraint in the setting of prices and fees and this will be strongly conveyed to them in the upcoming discussions which will be held urgently.

Mr. Hayes

The Minister of State previously referred to the fact that house prices have doubled during his tenure in office. Does he believe it is acceptable that auctioneers' fees have also doubled during that period of time and, if so, will he introduce new legislation prohibiting such a practice?

Under the provisions of the Competition Act, 1991, the Irish Auctioneers and Valuers Institute is prohibited from issuing recommended fees to its members or from publishing guidelines in regard to fees. Similarly, since the introduction of the Act, recommended scales of fees in respect of services provided by solicitors have ceased to apply. It must be accepted that there is increased competition in the market for auctioneers which shows there is an opportunity for benefits to be gained by the purchasing public from shopping around.

Mr. Hayes

Thank you, Minister.

Membership of the Irish Auctioneers and Valuers Institute has increased from 900 in 1994 to more than 1,500 members at present.

Mr. Hayes

I have the answer. The Minister referred earlier to the fact that auctioneering fees had reduced during recent years because of competition. What is the average auctioneering percentage fee at present?

I was about to give that.

Mr. Hayes

The percentage?

The percentage based fee charged by auctioneers has decreased since the introduction of the Competition Act, 1991.

Mr. Hayes

What is it at present?

I know the Deputy is a young man but he should not be in such a hurry. He should wait for the answer.

Mr. Hayes

We will have the answer please.

Prior to the Act the rates charged were about 2.5% in cities and 3% in the country. Current rates are in the region of 1.5%. The IAVI is prohibited under the Competition Act from issuing recommended fees to its members.

Mr. Hayes

The average house price in Dublin is—

The Deputy should not interrupt.

I am still on my feet.

Mr. Hayes

I am trying to elicit information from this overly verbose Minister.

I would like to give the Deputy as much information as possible.

The Deputy must be called by the Chair.

Unlike some other professions that charge fees on the basis of time spent working on a person's behalf, auctioneers' fees are payable on completion of a successful transaction, that is the sale of the property. If a sale does not proceed, an auctioneer does not charge for the time spent on trying to sell the property. The only costs that are chargeable are direct costs incurred such as newspaper advertisements and so on. Changes to the current fee structure would require careful consideration, as to charge on the basis of time, could lead to increased costs for vendors who are the only party subject to auctioneers' fees.

Mr. Hayes

Does the Minister accept that the average house price in Dublin, under his tenure, fascinating as that might be, is £165,000? Does he accept that it is wrong for any auctioneer to charge £4,500 in fees as is currently the case? Will he accept that some professions are literally coining it from the increase in house price inflation under his term as Minister of State with responsibility for housing? The Law Reform Commission produced two specific recommendations last year, one in terms of reducing the deposit that is taken and the other concerning a ban on misleading advertising. Surely the Government accepts those recommendations. When will it introduce legislation to bring them into effect?

This Government has cracked the spiral in house prices.

Mr. Hayes

That is the understatement of the year. It is some statement.

The Deputy should allow the Minister to respond.

Mr. Hayes

Banner headlines.

The level of moderation in house price increases recorded from the middle of 1998 through 1999 and into 2000 show a decrease. I recognise that because of the huge demand one cannot be confident that we will have a continued decrease but we do not want a return to the level of price increases we witnessed. They were rising even before the last election.

Mr. Hayes

What about the Law Reform Commission's recommendations last year? Will they be enshrined in law?

The Government proposes to have—

Mr. Hayes

Has the Minister read the report?

—meetings with the various professional institutions. My Government colleagues will be addressing this issue in other areas where fees are charged for services. In my case it is housing. We will have realistic discussions. I accept that the increase in house prices has been very substantial and there would have to be a follow on in the level of fees being charged but I urge consumers—

Mr. Hayes

There are no laws for consumers.

We must proceed to Question No. 6.

—to shop around.

Mr. Hayes

The auctioneers have another man in their corner.

(Interruptions).

That concludes questions nominated for priority. We must now proceed to Question No. 6.

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