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Dáil Éireann debate -
Friday, 1 Mar 2013

Vol. 794 No. 4

Finance (Local Property Tax) (Amendment) Bill 2013: Second Stage

I move: "That the Bill be now read a Second Time."

The Finance (Local Property Tax) Bill 2012 was enacted into law following its signature by the President on 26 December 2012. I signed the commencement order bringing the Act, other than sections 19 to 21, inclusive, into operation with effect from 1 January 2013. Sections 19 to 21, inclusive, which relate to the local adjustment factor will come into operation with effect from 1 May 2014.

The introduction of the Finance (Local Property Tax) Act 2012 met one of our programme commitments to the troika, which had to be completed by the end of 2012. To remind those in the House who appear to have forgotten, this commitment was entered into by the previous Fianna Fáil Government. Given this troika commitment and the Government's determination to fix the national finances in a manner which supports job creation, we have chosen to implement the local property tax. The latter will keep taxes on jobs such as income tax unchanged. Recent ESRI research shows that a property tax has the advantage of being six times more job-friendly than taxes on work and income. The Government is determined to do everything in its power to protect and support the creation of jobs and yesterday's employment figures for the last quarter of 2012 were encouraging, representing the first annual increase in employment recorded since 2008.

The Bill before the House is being introduced to give effect to commitments I made during the passage of Finance (Local Property Tax) Bill 2012 through the Houses last December, in addition to some further issues that have since been raised and some minor technical amendments. Before I go through the Bill in detail, I draw the attention of the House to the key amendments contained in it which I view as positive.

I have agreed with my colleague, the Minister for Environment, Community and Local Government, Deputy Phil Hogan, that houses demonstrated to be subject to a certifiable level of pyrite heave should receive an exemption from local property tax. The exemption may be claimed for three consecutive liability dates. The Minister will provide regulations stipulating how residential properties should be tested for pyrite-induced damage. The regulations will also provide for the issuing of a certificate in respect of a property that has been verified as having a level of damage significant enough to warrant exemption.

Like my colleagues in government, I am conscious of the difficulty some home owners are experiencing in meeting their mortgage obligations. Under proposed new amendments, a person who has entered into an insolvency arrangement, that is, a debt settlement arrangement or a personal insolvency arrangement, under the Personal Insolvency Act 2012 may qualify for a deferral of local property tax which falls due for payment by that person during the period for which the insolvency arrangement is in effect where a valid claim is made to the Revenue Commissioners. Further proposed new measures provide for the possibility of a deferral for liable persons who cannot, without excessive hardship, pay local property tax when it becomes payable as a consequence of a significant and unexpected financial loss or expense. This deferral will operate on a different basis from deferral arrangements provided for in the original Act. A liable person must apply in writing to the Revenue Commissioners for the deferral and meet the criteria that will be set out in guidelines to be published by the Revenue Commissioners. Deferral cannot commence until the Revenue Commissioners have received from the liable person whatever information and documentation they require to make a decision and, having made their decision, notify the liable person that a deferral is allowed, subject to whatever conditions they may impose in accordance with the guidelines they will publish.

The Bill allows for a reduction in the chargeable value of a relevant residential property that has been adapted for occupation by a disabled person where the adaptation has been grant-aided by a local authority. The reduction is limited to the lesser of the chargeable value attributable to the adaptation work carried out on the property and the maximum grant payable under the relevant local authority scheme. The relief will not apply after the sale or transfer of the property, unless the person with the disability continues to reside there. The Bill also provides for an exemption for a residential property that is purchased or adapted for use as a sole or main residence by an incapacitated individual where an award has been made by the Personal Injuries Assessment Board or a court or where a trust has been established specifically for the benefit of permanently and totally incapacitated individuals. To be exempt from payment of the local property tax, a residential property must be acquired for or adapted to make it suitable for occupation by an incapacitated individual. To avail of the exemption in cases of adaptations, the adaptation costs must be greater than 25% of the chargeable value of the property before such work took place. The exemption will no longer apply if the property is sold and the incapacitated individual no longer occupies in it as his or her sole or main residence.

The Bill will allow a personal representative of a deceased liable person where that person was the sole liable person in relation to a residential property to qualify for a deferral on making the required valid claim. The deferral may be claimed in respect of local property tax that was due and unpaid at the time of the liable person's death, that was deferred by the deceased liable person or that falls due in the three years immediately following death. The Bill limits the period of time for which personal representatives may qualify for a deferral to the years commencing with the date of death. If, however, the personal representatives are in a position to transfer the property to a beneficiary or distribute the proceeds where the property must be sold, the period of deferral will end at that point. In all cases, the personal representatives will be responsible for payment of the deferred local property tax when the period of deferral comes to an end.

I previously indicated that properties used for accommodation purposes by groups such as the Irish Girl Guides would receive an exemption from local property tax. This was on foot of a commitment I gave during the Seanad debate on the Finance (Local Property Tax) Act 2012.

The Bill now provides for an exemption for residential properties used by a charitable body for recreational activities connected with its charitable purpose where this is not done on a commercial basis.

The chargeable value of all properties for which the liable person is a local authority or an approved housing body will be deemed to be within the first valuation band for the first valuation period, that is, up to 31 October 2016. Local authorities and approved housing bodies may also defer their 2013 local property tax liability until 2014. This is to allow such bodies to put in place arrangements for the payment of the tax and the valuation of their properties.

An amendment proposed to deal with issues arising where there is a change of liable person between valuation dates has been the focus of much media and Opposition attention in recent weeks. Where the liable person changes between valuation dates, the vendor will be obliged to provide the purchaser with details of the chargeable value established on the first valuation date, with any relevant documentation. Failure to comply may result in a fine of €500 being imposed on the seller of the property. The new owner is obliged to submit a revised return and chargeable value for the next liability date where it appears to him or her that the chargeable value declared by the previous liable person was too low, given the circumstances that would have prevailed at the time the chargeable value was established.

These amendments are intended to act as a deterrent against under-declaration of the chargeable value of a relevant residential property by a liable person who intends to sell the property before the next valuation date. Contrary to media coverage and Opposition commentary, the new provision offers a level of protection for purchasers. In the absence of this amendment, a deliberate and serious under-declaration of a property's value would be binding on a new owner or liable person where a property was sold before the next valuation date.

I will now outline the main sections of the Bill. Section 1 defines the "Principal Act" as the Finance (Local Property Tax) Act 2012. Section 2 amends Part 2 of the Act by providing for exemptions from local property tax for residential properties used by a charitable body for recreational activities connected with its charitable purpose and for residential properties purchased or adapted for occupation by permanently and totally incapacitated individuals. I outlined these new exemptions.

Section 3 amends Part 2 of the Finance (Local Property Tax) Act 2012 to provide for an exemption for a temporary period of at least three years for residential properties affected by a significant level of pyrite-induced damage. Section 4 amends Part 3 of the Act to clarify how the Act will apply in a number of situations where an occupier of a residential property has not taken steps to establish title to the property.

Section 5 makes several amendments to Part 4 of the Act relating to the charging provisions such as valuation of property and the rate of tax to be applied. Paragraphs (a) and (b) make amendments to section 14 that are linked with an amendment made to section 35. As I said previously, these amendments are intended to act as a deterrent against under-declaration of the chargeable value of a relevant residential property by a liable person who intends to sell the property before the next valuation date. Paragraphs (c) to (k), inclusive, are a combination of minor technical amendments and amendments that clarify the operation of the Act regarding the local adjustment factor.

Section 6 inserts a new section 15A into the Finance (Local Property Tax) Act 2012 providing for a reduction in the chargeable value of a relevant residential property adapted for occupation by a disabled person where the adaptation has been grant-aided by a local authority. Section 7 deals with residential properties in regard to which the liable person is a local authority or an approved housing body. The chargeable value of such properties is deemed to fall into the first valuation band, that is, zero to €100,000, until 1 November 2016, the valuation date for 2017. In addition, the payable date for the 2013 local property tax liability is extended to 1 January 2014. The effect of this is that the charge on all local authority houses and the charge on voluntary houses liable to property tax will be €45 for 2013 and €90 for subsequent years until the next revaluation date. Many Deputies were concerned about this issue and that is the new legal position.

Section 8 makes several amendments to Part 7 of the Finance (Local Property Tax) Act 2012 regarding the return to be prepared and delivered to the Revenue Commissioners by a liable person. Paragraphs (a) to (c) are minor technical amendments. Paragraph (d) is linked with the amendments in section 5. Paragraph (e) substitutes more comprehensive provisions for section 38 of the Act dealing with the linkage between late submission of a local property tax return and the submission of a return for income tax or corporation tax. Late delivery of a local property tax return can result in an income tax or corporation tax surcharge under section 1084(2) of the Taxes Consolidation Act 1997. Paragraph (f) makes a minor technical amendment.

Section 9 makes several amendments to Part 8 of the Finance (Local Property Tax) Act 2012 as regards estimates and assessments of local property tax made by the Revenue Commissioners. Paragraph (b) will facilitate notification of Revenue estimates by electronic means. Paragraph (c) facilitates appeals where an assessment is made in respect of more than one property. The other amendments are technical in nature.

Section 10 amends Part 9 of the Act to allow an appeal by a liable person against a determination of the Appeal Commissioners to be heard by the Circuit Court. This is in line with appeal provisions in other areas of the tax code. Paragraph (c) amends section 63 in order that the Appeal Commissioners can require a liable person to provide information on any property, not just a relevant residential property.

Section 11 makes several amendments to Part 10 of the Act as regards the deduction of local property tax at source by employers, occupational pension providers and the Departments of Social Protection and Agriculture, Food and the Marine. Paragraph (a) amends the definition of "net emoluments" in section 64 in two respects. First, it gives priority over local property tax to deductions by an employer or occupational pension provider under a court order such as an order for the payment of maintenance, where such an order was issued before the direction to deduct local property tax was issued by the Revenue Commissioners. Second, it allows deductions of local property tax to be made from a repayment of income tax, PRSI or universal social charge by an employer or occupational pension provider to a liable person. Paragraphs (b) to (g), inclusive, make minor technical amendments to ensure the formulation used in several provisions is consistent and clear.

Section 12 makes several amendments to Part 11 of the Act regarding the collection and enforcement of local property tax by the Revenue Commissioners. Paragraph (a) amends section 119 to clarify that local property tax is due on a liability date but may be paid on or before a subsequent date. For example, the liability date for 2013 is 1 May. However, initial payments may be made on or before 1 July. Similar provisions will apply in respect of future years. Paragraph (b) amends section 120 regarding a direction given by the Revenue Commissioners to employers, occupational pension providers and the Departments of Social Protection and Agriculture, Food and the Marine to deduct local property tax at source when making payments to a liable person. New subsections (2) and (3) disapply the requirement for the Collector-General to issue a demand for outstanding tax when such a direction is given and allow the direction to be given after local property tax is due but before it is payable. However, tax need not be deducted until it is payable. Paragraphs (c) and (d) are intended to clarify the original provisions. Paragraphs (e) and (f) insert a new subsection (2) into section 126 to require a liable person who sells or otherwise transfers a relevant residential property after local property tax is due but before it is payable to pay that tax on completion of the sale or transfer. Paragraph (g) inserts a new section 147A that establishes a way of determining a liable person's local property tax liability for the purpose of charging a tax geared penalty, that is, a penalty which is a proportion of the outstanding tax rather than a flat amount.

Section 13 amends Part 12 of the Finance (Local Property Tax) Act 2012 to introduce three additional categories that may qualify for a deferral of local property tax. As I outlined earlier, these are the personal representatives of a deceased liable person, an individual who enters into an insolvency arrangement under the Personal Insolvency Act 2012 and those who satisfy the Revenue Commissioners that they have experienced a significant and unexpected financial loss or expense and where, as a consequence, payment of the tax would entail excessive hardship. Paragraphs (e), (f) and (g) of section 13 are minor technical amendments.

Section 14 amends section 1094(1) of the Taxes Consolidation Act 1997 to ensure that outstanding local property tax liabilities are taken into account when tax clearance certificates are being sought in regard to the issue of certain licences, for example, for the sale of alcohol. Section 1095 containing the general tax clearance certificate provisions already applies in relation to outstanding local property tax liabilities. Section 15 makes minor technical amendments to several parts of the Finance (Local Property Tax) Act 2012. Section 16 contains the Short Title of this Bill, that is, the Finance (Local Property Tax) (Amendment) Act 2013.

As I stated earlier, this Bill is being introduced to give effect to previous commitments I and the Government made in regard to the new local property tax. Deputies will be aware of the upcoming May liability date and filing deadlines. In advance of these dates, commencing on 11 March, the Revenue Commissioners plan to do a bulk mail issue of a local property tax guide and return form to all liable persons to assist homeowners to prepare for the new tax. The passing of this legislation at this time will provide certainty to the Revenue Commissioners. It will give homeowners time to consider the guide, to assess their liability and to make their return on time and to assist the smooth implementation of the tax. I commend the Bill to the House.

I welcome the opportunity to contribute to the Second Stage debate on the Finance (Local Property Tax) (Amendment) Bill 2013. It is little surprise to me and to many colleagues in this House that just two months after the property tax legislation was rushed through the Dáil and the Seanad, we are here debating an amendment Bill to it. The original legislation was unsatisfactory for a number of reasons, not least the fact that it was rushed through the Oireachtas, and a number of deficiencies have subsequently come to light. During the debate last December on the property tax Bill itself, the Opposition tabled 88 amendments but none was accepted by the Government. In fact, only three hours were allowed for the Committee Stage debate on one of the most important pieces of legislation this Oireachtas will consider in this term. Today, the Government is attempting to right some of the obvious wrongs which have been identified in that legislation. I will try to deal with some of these but first I would like to say a few words about the economic, social and political context in which this tax is being introduced.

Even with the passage of this Bill, the property tax will remain a deeply unfair tax which will disproportionately hit low and middle income families. In his opening remarks, the Minister accused some of us on this side of the House of having forgotten commitments made by the previous Government to the troika but we have not forgotten them at all. The Minister does not like to be reminded of the Fine Gael manifesto, which Fine Gael put before the people two years ago in the election and campaigned on that basis. The Minister made the point very clearly at that time that an annual recurring residential property tax on the family home was unfair and that what would be viewed as fair in south Dublin might be viewed as unworkable in rural Clare. I am sure some of the Minister's colleagues sitting behind him might agree with that. He went on to say that in this context, Fine Gael would empower local authorities to put in place, following the 2014 local elections, a number of alternatives which would include local user charges for waste and the option of a site sale profits tax and that all of these options would be fairer and more economically sensible than an annual recurring property tax. That was the Fine Gael position going into the election and the memorandum of understanding had been published a number of months earlier. Those are the facts and they must be put on the record.

The Labour Party took a different position. In the election two years ago, it accepted that there was a need for a site value charge but it went on to state that it must be done on a fair basis which takes account of the value of property in different regions, which this tax does, the need to exempt some categories of home owners and the need to take account of those who paid large sums in stamp duty or who are in negative equity and that any charge of this sort, therefore, could not be put in place before 2014. That is the political backdrop in regard to Fine Gael and the Labour Party. It is absolutely clear that neither party has a mandate to introduce the property tax in this form, notwithstanding the commitment in the memorandum of understanding to introduce a site value tax during the course of the programme.

The backdrop for introducing this tax has worsened over the past two months. Yesterday, we got new figures from the CSO on the housing market. The data point to a housing market that is quite literally moribund. House prices have fallen in the past two months nationally, bringing a halt to what appeared to be a small recovery in prices. The small move up in prices towards the end of 2012 seems to have been entirely driven by a rush to avail of mortgage interest relief before its abolition for first-time buyers. House prices are approximately 50% lower than their peak level in 2007, with prices in Dublin recording the biggest drop at 54% below peak levels and apartments down a staggering 61%.

We all acknowledge that some recovery in the level of housing transactions is key to the recovery of this economy. The Government implicitly accepted this when it introduced, over the past couple of budgets, a range of measures designed to stimulate the sector, including the capital gains tax relief for properties purchased before the end of 2013. However, to date, these measures are failing to lift the market in any meaningful way. Only 8,500 new homes were built in 2012, down 20% on the previous year which was itself the lowest since data were first recorded in 1970.

We saw from the quarterly household labour market data that, notwithstanding the modest overall improvement in the number of people at work, which is to be welcomed, employment continues to contract in the construction sector. The introduction of a property tax is likely to delay any recovery in the housing market and by extension, further damage the domestic economy.

Yesterday, during parliamentary questions, I emphasised the issue of ability to pay and the need for the Minister to revisit, at a minimum, the income thresholds within which people will be entitled to get a deferral of this tax. When one breaks it down on a per week basis, an individual earning anything more than €288 per week - aside from the mortgage issue, to which I will return - will not be entitled even to a deferral. A family on €480 per week gross will not be entitled to defer this tax. Those thresholds are ridiculously low and need to be revisited. I hope the Minister intends to do so on Tuesday when we return to this issue.

Last December, I took issue with the Minister's contention that the property tax was fair, progressive and that the wealthiest would pay the most. That is simply not the case. It is the case if one measures wealth as the gross value of the property but that is not the measure of wealth. It would be one thing if the Minister allowed the value of the mortgage to be off set because then it would be a net asset with which one was dealing. However, this tax takes no account whatsoever of the income profile of the household. That is one of the fundamental weaknesses and flaws running through this entire proposal.

Houses do not represent wealth in Ireland today. For most people, they represent debt. An annual property charge is essentially designed to be a form of wealth tax. In the current Irish mortgage situation, it would, in a great many cases, be a tax on debt. The reality for many people is that their home is no longer a store of wealth as its value has fallen massively in recent times. According to a recent report by Davy stockbrokers, more than 50% of residential mortgages are in negative equity, including the majority of those taken out since the turn of the millennium. Imposing a recurring tax on an asset which has a negative net worth in circumstances where people have no option to dispose of the asset is fundamentally unfair and will have a disproportionate effect on people who bought their houses when prices were at their highest.

The Government intends to raise up to €0.5 billion from this tax in a full year, but has not provided any meaningful exemptions from the tax. It will hammer those already struggling to keep the household finances in the black.

This is not the right time to land people with such a deeply unfair, hefty charge on the family home, particularly in light of the spiralling mortgage arrears crisis which we have debated many times in this House, including yesterday. As the Minister knows, the most recent data on residential mortgages shows that 86,000 residential mortgage accounts were in arrears of over 90 days at the end of last September. That is an increase from 81,000. These borrowers collectively owe over €15 billion. The upward trend in arrears has slowed marginally, but getting worse more slowly is not the same as getting better. In fact, when one probes those details a little further, one finds that approximately 45,000 residential mortgages are now in arrears of more than 12 months and almost half of those have not been paid for two years. The reality is that many of those mortgages will simply not be regularised without being fundamentally restructured.

In fairness, I believe struggling mortgage holders have an ally in the Governor of the Central Bank, Professor Patrick Honohan. He has been vocal in calling for more action to be taken. In a recent interview on "The Week in Politics" programme, he said that Central Bank officials were literally tearing their hair out at the lack of progress in dealing with mortgage arrears. While his intentions and, I believe, the intentions of the Government are clearly good, what we need now more than anything is action from the banks, because when the mortgage arrears data is examined in more detail it shows that, by value, almost 30% of residential mortgages are either in arrears or have been restructured. Hitting these households at this time with an additional charge risks driving them deeper into financial difficulties. People who are 188 days or more behind in their mortgage payments are most likely to be unable to pay any form of house tax.

Not only can people not afford this tax, but the tax will also suffocate further a property market that is on its knees and reduce domestic spending, thus damaging the domestic economy. Elderly people living in properties they worked hard to own and in which they raised their families are now being driven out of them by an onerous tax on the very homes they committed their working lives to build.

Yesterday, I told the Minister that I deal with a number of individual mortgage cases. I will bring two examples to his attention now. They involve people who contacted me with regard to the property tax. Both cases involve people who bought their properties at or close to the peak of the market. One couple got a mortgage of €270,000 from the bank in 2006 to buy their house. Both were working in the public sector. The bank stretched their repayment capacity to such an extent that it advised the couple to go on interest-only repayments for a period of two years. That was at the start of the mortgage term, when the couple were borrowed to the hilt. The couple managed to keep up the interest-only payments for the following two to three years. In 2009 and 2010, however, the cutbacks in the public sector began to affect them and they ran into difficulty with their mortgage. They were allowed to remain on interest-only repayments for a period of time. One of them became quite ill, is unable to work at present and might not be able to work for some time to come. The other person has suffered a dramatic drop in their wages.

The couple are now paying approximately €500 per month towards their mortgage when they should be paying well over €1,000 per month, if they were paying both interest and capital. They are a very solid couple. They do not drink or smoke. That is the reality with which they are living. Under the Minister's proposals I believe they will be entitled to a deferral up to 2017, but he is not giving them a permanent or indefinite deferral. It is a time limited deferral and carries a penalty interest rate of 4%. I realise it is simple interest, not compound interest, but it means the liability will increase.

The second couple I am dealing with bought a property for €330,000 at the peak of the market. Again, they were a very prudent couple. They had saved a large amount of money and got help from their families. They took out a mortgage of only €240,000. However, they are now only able to pay a little over €100 per month on their mortgage. One of them is not working at present due to illness and the other person is now self-employed, having lost his job, and trying to make ends meet. How will these people be able to pay a property tax for the foreseeable future? I do not believe they will be able to pay it. Exemptions should have been given to people who are in genuinely difficult circumstances, where the capacity to pay this tax simply does not exist.

There is also the issue of unfinished estates. The Minister for the Environment, Community and Local Government, Deputy Phil Hogan, is drawing up a revised list of unfinished estates which will be exempt from this property tax. However, I understand the list will be quite different from the list of unfinished estates which were exempt from the household charge. In briefings given by some local authorities to councillors, the councillors were advised that a far more forensic approach will be taken to identifying not just the estates but also the houses within the estates that should be exempt. What appears to be proposed is that if one is living in a house between Nos. 1 to 20, and the entrance to the estate is finished, the street light is working, the footpath has been completed and there is a bit of grass across the road, one will have to pay the property tax. However, if one is living in a house between Nos. 21 to 40 and that part of the estate is not finished, one will qualify for an exemption. That appears to be what is envisaged. Those are the directions, as I understand it, the Department of the Environment, Community and Local Government has given to local authorities, because that is what the authorities have conveyed in briefings for the councillors. Even within unfinished housing estates, therefore, people who have had the misfortune of buying in estates where the developers have gone bust, the estates have not been finished and the bonds could well be lodged with IBRC and are now valueless, will now have to pay the property tax. When the list of estates and the list of the house numbers within each estate are produced, there will be a great deal of trouble. The Minister will have to be careful about how he addresses that issue in the next few weeks.

I will now discuss some of what is contained in this amendment Bill and, equally important, what is not contained in it. With regard to the powers of the Revenue Commissioners, the amendment being introduced to give the Revenue Commissioners the power to defer property tax payments for people who have suffered a significant and unexpected financial loss or expense is nothing more than a fig leaf. It is a sham to deflect attention being focused on the lack of fairness inherent in the legislation. The briefing supplied with the Bill states that the deferral cannot commence until the Revenue Commissioners have received from a liable person whatever information and documentation they require to make a decision and, having made that decision, notify the liable person that a deferral is allowed. In practical terms, we have no idea how many people might qualify for this deferral. I suspect that it will be such a convoluted and difficult process that many people who deserve to have such a deferral will not be given the relief because they will simply be deterred from applying. The chairperson of the Revenue Commissioners recently appeared before the Committee of Public Accounts and made it clear that what is not involved here is people who are struggling each week to make ends meet and pay their bills. What is envisaged in this amendment is people who experience a sudden and unexpected shock in their lives which results in financial distress. It does not deal, in a genuine way, with the issue of ability to pay.

It is difficult to believe that the Minister set out to make the tax even more unpopular than it already was, but he certainly appears to be doing that based on the additional reporting requirements provided for in the legislation. I listened carefully to what he said about the obligation on the purchaser of a property to report to the Revenue Commissioners in a situation where there has been an under-declaration by the previous owner. He made the point that this protects the purchaser from having to deal with any legacy liability on the property. There should not be a legacy liability for the purchaser of a property who purchases a house in those circumstances. If the vendor has under-declared the valuation of the property over a number of years, the liability should rest with the vendor. The Revenue Commissioners have extensive powers and they are well able to pursue the vendor for that. There should not be an onerous requirement on the new purchaser to report that issue to the Revenue Commissioners.

In addition, the powers given to the Revenue Commissioners in the original legislation to deduct the property tax from weekly welfare payments, a person's payslip or, indeed, to execute a direct deduction from somebody's bank account will cause enormous problems. For many people who genuinely cannot afford to pay the tax, the Revenue Commissioners will be dipping into bank accounts that are already overdrawn or in the red. They will have to intervene in that way.

I welcome the concession granting a three year exemption to houses affected by pyrite.

In my view, the Minister must go further. People living on estates affected by pyrite whose houses are not themselves affected do not receive an exemption. In most cases, those people will be unable to sell their houses as no bank will provide a mortgage to a prospective purchaser in such circumstances. The cost of proving pyrite damage may be prohibitive even though a visual examination would show its obvious presence.

The Minister has granted a limited exemption to charities including scouting and girl guide associations which provide weekend-type accommodation to their members. This is welcome. Charities fulfil an important societal need, particularly at the present time. Their State funding has been cut and donations are well down. The exemption in the original Bill is only for charities that use properties solely or primarily to provide special needs accommodation. Special needs accommodation is defined as "accommodation provided to persons who by reason of old age, physical or mental disability or other cause require special accommodation and support to enable them to live in the community". The definition is potentially too narrow. We would appreciate if the Minister could clarify whether it is intended that the exemption will also apply to persons with special needs whose accommodation is of a type which could not be considered to be in the community. Examples include the accommodation of very vulnerable people such as those living in Stewarts Hospital, which assists people with a range of intellectual disabilities, some of whom can interact with the community and some of whom cannot. Other examples include the facilities attached to Crumlin Children's Hospital in Ronald McDonald House and the accommodation at Temple Street Children's Hospital for the parents of very sick children. We are concerned that these facilities may not meet the definition in the legislation. A requirement to pay the property tax would place an unfair burden on the providers of these services.

If the property tax is to work in practice, it is essential that a clear and detailed guide to valuation is provided to underpin compliance and ensure property owners pay the appropriate level of tax. In reality, the Revenue Commissioners will say one's house has a particular valuation and it will be up to one's self to show that it is worth less than that, if it is. The cost of a professional valuation is likely to be prohibitive and in many cases people will simply give in and pay the Revenue Commissioners' assessment. Consumers often complain, for example, about the high valuation for VRT purposes imposed by the Revenue Commissioners in respect of imported cars. The economist Ronan Lyons has suggested this could be avoided if people were given a tax credit to have their homes assessed by a qualified professional working to a standardised national checklist, as happens in the BER scheme. This scheme would provide the Revenue Commissioners in the first year with the necessary information on dwelling type, size, age, location and other factors affecting value in order to perform meaningful auditing. The newly established property price register does not assist in this regard as it contains none of the property characteristics required to assess value. The register will be of limited use to most people in determining their liability under the taxation regime.

The Bill represents a missed opportunity. It is Fianna Fáil's genuine view that this is not the right time to introduce a tax on family homes. We published alternative proposals which would have raised at least as much revenue in 2013 as the property tax. Given that the Government has enacted the primary legislation required to introduce the tax, it will rue the opportunity it has missed with the Bill before the House now. The Government could have established a much fairer basis for the charge if it had adopted some of the measures Fianna Fáil proposed. It is not too late. Committee, Report and Final Stages take place next week and we have tabled, as have other Opposition parties and groupings, amendments which will make the tax fairer and help to achieve a greater degree of public acceptance.

In the next couple of weeks, the Revenue Commissioners will start to issue letters to householders nationally. People are very fearful. An elderly man called my office the other day to express his fear that he would lose his home because he is not able to pay the property tax. While we reassured him that will not be the case, it is a measure of the fear and anxiety that exists. People are genuinely finding things tough, as the Minister knows well. The thresholds he has set for a deferral are miserly and need to be reviewed. I do not know when was the last time a Cabinet member tried to live with his or her family on €480 a week. Half of that sum will be spent on essential groceries alone, with a further requirement to pay for electricity, gas and other essential household bills, before one even considers the mortgage. The thresholds must be revised. While the Minister is clearly not going to reverse the decision to introduce the tax, he could certainly make it far more palatable and fair than is provided for currently. I hope that in the debate on Tuesday some of the amendments that have been proposed will be accepted.

Ní bheidh iontas ar bith ar an Aire ná ar an Rialtas go bhfuil Sinn Féin go huile agus go hiomlán in éadan an muirear teaghlaigh seo atá á ghearradh ag an Rialtas, cé gur thug sé an gealltanas sa toghchán deireanach nach mbeadh sé ag cur i bhfeidhm an pholasaí lochtach a bhí curtha chun tosaigh ag Páirtí Fhianna Fáil nuair a bhí sé san Rialtas.

Taobh istigh de deich lá, beidh litreacha ag dul tríd doirse chuig na céadta míle duine ag iarraidh orthu níos mó airgid a íoc chuig an Stát mar gheall go bhfuil teach acu. Níl dabht ar bith ach go gcuirfidh seo go leor daoine, go háirithe iad sin atá ar an ngannchuid, i gcruachás nó a bhfuil fadhb acu le morgáistí nó le bia a chur ar an mbord do pháistí nó éadaí a chur ar dhroim mac nó iníon, thar an imeall. Cé go bhfuil an céad reachtaíocht tagtha chun tosaigh ag an Rialtas ó dheireadh na bliana seo caite agus go bhfuil, anois, leasú á chur le sin leis an mBille seo, tá am go fóill ag an Rialtas an rud ceart a dhéanamh agus deireadh a chur leis an cháin seo atá á ghearradh ar thithe teaghlaigh agus polasaí úr a thabhairt isteach lenar féidir linn an t-airgead atá de dhíth a thabhairt isteach. Mar atá molta ag an bhFreasúra, tá go leor dóigheanna eile inar féidir linn an t-airgead céanna a thabhairt isteach gan an buille trom seo a chur ar ghnáth muintir na tíre.

On Saturday, 8 March 2013, the Revenue Commissioners will deliver to An Post hundreds of thousands of letters to be distributed from the following Monday. Yet another demand for money to pay for the sins of others will be delivered to all eligible and, indeed, some ineligible households across the State from the Government, which is fixated on austerity and the implementation of the failed policies of Fianna Fáil. Only last week, 70,000 home owners heard that AIB is to increase its variable interest rate on mortgages. The demand comes at a time when one in four domestic mortgages is in distress. The last thing 180,000 holders of distressed mortgages need is another letter bearing unsustainable demands. It will be a tipping point for the 1.6 million people the Irish League of Credit Unions showed have only €50 at the end of the month after paying essential bills. If a huge section of society faces this problem, why are we discussing tinkering with the Bill to make it worse in some ways or better in others, when we should really scrap it and find a more progressive way to bring in revenue to reduce our deficit without placing a burden on those who cannot bear it?

How many more people does the Minister for Finance, Deputy Michael Noonan, believe the tax will tip into mortgage arrears? How much more money will it suck out of the real economy? Yesterday, the Minister replied to a parliamentary question of mine to say that the Government had looked at the effect its proposal will have on mortgage arrears. I dispute that assertion. There is no way the Government can decide that it is fair to introduce a tax on people who find it difficult to pay their mortgages, carry out some assessment and go ahead. The Minister knows there are alternatives to this type of family home tax. Sinn Féin has put forward a suite of alternatives. The Department of Finance provided the figures in answer to parliamentary questions on different taxation measures. To be fair, the Department did not cost a wealth tax measure, which would be a properly progressive tax on property and would bring in the same amount of money the Government plans to generate through its family home tax. The difference is that it would not break the backs of working families.

Instead, the Minister plans to get his hands on the disposable income of people who simply do not have it to give. We all know that Fianna Fáil signed up to this tax and that it was part of its 2012 pre-budget submission, its four year plan and negotiations with the troika and that it has no ideological opposition to taxing the family home.

Neither does Sinn Féin.

Its only objection is that it is not in government to do it. Sinn Féin has no issue whatsoever with taxing wealth - property is a part of wealth - but we are completely opposed to taxing the family home, regardless of income or wealth. If we want to have a wealth tax, let us tax the yachts, helicopters and investments of the wealthy and set a threshold for an exemption up to a certain point. That would be a real wealth tax. Let us not pretend that what we are discussing is a type of wealth tax. Some of Europe's most progressive countries, including Sweden and Norway, operate a wealth tax regime that works. At least Fianna Fáil was in favour of this type of tax regime before the election, but the Minister and the Government were not and neither was the Labour Party. Why has it capitulated to the failed policies of the past?

As I was browsing the Internet last night, I came across a leaflet which had been issued by the Minister's party in 1994. It published the leaflet in January 1994 and the Minister was the party's finance spokesperson in the preceding year. The anti-property tax leaflet was entitled, They Will Tax the Roof over Your Head, and much of its content is relevant today. One heading asks, "Why is Fine Gael so Opposed to this Family Home Tax?" Fine Gael did not call it a property tax, for which Fianna Fáil was arguing at the time, but a family home tax because it knew that was what it was and it was right. The answer was: "It is anti-family because it is based on the total income of the family". It added that it could encourage mothers and fathers to send their sons and daughters out of the family home. I am not sure about that, but that was Fine Gael's first bullet point. The next described it as "an anti-Dublin tax. Because of higher land values in Dublin, the majority of those liable for the family home tax will be in Dublin". That is very similar to the situation today. It continued: "It is a double taxation on people who have already paid their full tax liabilities in PRSI and PAYE". The situation today is the exact same and the only difference is that people have paid massive sums in stamp duty also. It was described as "anti-home ownership. The Family Home Tax ... will discourage people from buying their own homes". The same applies today. It continued: "It is against the spirit of self-reliance which Fine Gael encourages". Obviously, the party has ditched this, but it went on to state, "It's Just not Fair". I have the leaflet in front of me. This is based on Fianna Fáil's and the Labour Party's attempt to bring in the charge and the leaflet asks, "Could you trust either Labour or Fianna Fáil again? They have broken their promises and do not deserve your trust. So much for their much-vaunted commitment to 'change'!" That is what the Minister's party campaigned on. Every single one of those policies are the same as those included in the Bill. It also stated: "The Residential Property Tax will not help to relieve the burden of taxation on income. The additional Family Home Tax will not create one extra job and makes no contribution whatever to tax reform. Fine Gael will be opposing the imposition of the Family Home Tax by every means possible". It finishes with the line, "Don't let them get away with it! Join Fine Gael".

Every one of those points is relevant today. They are probably more relevant today than in 1994, given that we are in the middle of a massive crisis in terms of mortgage distress. Everyone in this House knows that people in high places connived with banking officials to assist individuals to buy homes that they should never have been allowed to buy. They broke, bent and distorted the rules in such a way that mortgages were given to individuals who should never have had them, yet they are sitting back comfortably and the individual with the loan is taking all of the responsibility.

I recognise that the Bill which amends the original Act brings forward some reliefs, in the narrowest sense of the word. There is a lesson to be learned. The Minister rushed through the last Bill with hardly any debate. There was only one division on an amendment - mine. The rest tabled by us, Fianna Fáil and Independent Members were not even reached and debated. Now we have an amending Bill even before the original Act is in operation. Next Tuesday will see a repeat of the earlier debate and some of the topics we will discuss are proposals we have been articulating, or that I, in particular, articulated, during the last debate but which the Minister dismissed and rubbished because he wanted to get the Bill through as quickly as possible.

Although there are some reliefs, in essence, the family home tax is unfair. It contains only the tiniest elements of the concept that one should pay according to one's ability to pay and in these areas it is just a case of deferring the payments for several years. There are gaping inadequacies in the Bill which is nowhere near satisfying the criteria for fairness. Where are the breaks for those who have paid stamp duty? The programme for Government committed to taking on board the needs of those in mortgage distress when proposing a site value tax. The Minister is not telling me that the amendment in respect of personal insolvency deals with that matter. That is a complete and utter farce. Those who have paid massive amounts of stamp duty should not be liable for this family home tax. I will table an amendment on Committee Stage to propose that the outstanding liability on a mortgage be taken into account when calculating the chargeable value and that that portion be exempt also for those who have paid stamp duty. For properties bought after 2000 stamp duty should be taken into account. Likewise in the case of those in negative equity.

These would be small steps which would prevent many already burdened and unsustainable mortgages from sinking completely under this new tax. The Minister's amendments show that his only interest is in recouping the maximum amount for the coffers, regardless of the impact on society and families. Despite our complete opposition to the Bill, we will not just walk away from it. We will table constructive amendments to try to shape it in order that it will be less destructive and more economically and socially fair. We would exempt local authority housing, not for profit housing bodies and households with restructured mortgages in arrears. We would exclude those living solely on State support, including social welfare and State pension payments.

It is welcome that the Minister has begun to address the issue of pyrite homes. Section 3 allows for a three year break in the case of homes damaged by pyrite. With others, I proposed such a break during the process of legislating for this tax. It shows the arrogance of the Government that it refused to incorporate it, but it has now backtracked. Questions remain, however, about this exemption. I understand regulations to exempt these homes will not be ready by the time Revenue issues the letters which will start to go out in the next ten days. Residents will receive these bills but will not know what the regulations will entail and will be left in limbo for some time. It is bad practice when there is a burning issue such as pyrite homes that the Minister can put through legislation to enable exemptions, yet we are asked to support it on blind faith. The devil is always in the detail. It is also the case that those whose homes are affected by pyrite, a serious issue, who decide to repair them by underpinning which costs a substantial sum will not be exempt. A person whose house is damaged by pyrite who spends tens of thousands of euro of his or her income to make it fit for purpose will not be eligible for the exemption under this clause, which is both serious and unfair.

This issue needs to be rectified by the Minister before the Bill is enacted to ensure it is not allowed to fester.

I welcome the exemption for properties used by charities. However, there is still some detail that we will need to tease out on Committee Stage.

Section 6 allows for relief on renovations made by disabled residents. This is a provision I brought forward on Committee Stage last year when the original legislation was going through. However, it was dismissed at the time. This is not the way to do politics. If a good and sensible proposal is made by the Opposition, it should at least be considered by the Government. I acknowledge that the Minister is considering it now, but at the time he should have said this was a sensible proposal and examined it. While it is welcome that this provision has been included in this amending legislation, I have serious concerns about what the Minister has done with it because he has not gone far enough.

The exemption is linked with homes which were adapted for a disabled resident and received a housing adaptation grant for people with a disability or a disabled person's grant and an essential repairs grant. The problem is that as these grants are means-tested, certain individuals did not receive them. For example, a mother and father may have worked in a bank and the construction industry, respectively. Their son or daughter may have had a serious accident and, subsequently, he or she was required to adapt the house. This may have involved building on an additional room or a bathroom, or modifications to allow for wheelchair accessibility. Depending on the age of the son or daughter, he or she may have wanted to live independently and the alterations may have required a separate kitchen to be added on to the house. All of this would have cost a substantial amount of money. However, as the parents were working at time, they were not eligible for the grants. Today, because of the downturn in their respective sectors, they may be both unemployed, but they are still not entitled to a deferral. The value of the adaptions which may have come to €50,000 in order that their child could be accommodated in their home will be taken into consideration in the chargeable value of their house for the purposes of this tax as a deferral is based on someone having a grant. Even for those who did receive a grant, it must be remembered that it is based on a tiered structure. Accordingly, it depended on one's income, even if one was under the threshold, and one might just have received a portion of the grant. For example, the adaptions may have cost €50,000, but a person only received a maximum grant of €12,000. Under this section, the chargeable value that can be deducted from the value of the house is €12,000, despite the fact that more was required to fund the alterations.

What about a case where the mother and father have separated? Of course, the father would have had to adapt his home to allow access for the child, but it will not be included under this exemption because it applies only to the house in which the child permanently resides. There are also issues concerning local authority housing being included in this tax, which we oppose.

The Minister has made an unpopular tax even more unpopular. The snitch clause is unacceptable. It is not right that he is asking citizens to inform on their neighbours. That is what Revenue is there for. Let citizens comply with this tax, if they so wish. It will be the law of the State and for them to comply with it. When they buy a property, they will have to include its value. It should be up to Revenue to calculate if someone has underdeclared. It is not right to impose legally a penalty if people do not snitch on their neighbours.

The deferral of payments is nothing more than a sop. There are two categories who cannot afford to pay this charge. Those whom the Minister has recognised as not being able to pay will be given a prize of a 4% interest rate. The second group who cannot afford to pay because they will opt to pay the mortgage first, which has not been recognised by the Minister, will be penalised by the imposition of an 8% interest charge. Recently, a couple who are both gardaí told me of the impact Croke Park nua would have on them. They live in Dublin, have a large mortgage, pay huge management fees on their house, but they are getting by and able to pay their mortgage. The new Croke Park deal is going to hit them hard, but they still believe they will be able to get by. They have a young child less than one year old, but they cannot afford child care. If they were to pay for child care when they were working, they would not be able to pay the mortgage and be in arrears. Therefore, they work back to back. One comes off shift and hands the baby to the other while the other goes back on shift. That is what is happening for some of the families that are just getting by. The Minister does not recognise them and believes they are still able to pay this tax. They are prioritising everything else above defaulting on their loans. The majority will want to abide by the law and pay this tax. However, there will be those who will not be able to do so and whom the Minister will force into non-compliance with Revenue. Allowing Revenue to dip into their bank accounts and social welfare payments is completely unacceptable. Sinn Féin will be bringing forward a Bill to repeal this legislation. Even at this late stage, will the Minister reconsider to come up with a fairer way of creating this revenue stream for the State to reduce the deficit and not impose this hardship on families across the State?

We are debating this Bill because the Minister for Finance rushed the original legislation through on the last sitting of the Dáil before the Christmas break. The Bill put through then was fundamentally flawed. This amending legislation is also fundamentally flawed. It is a sign of desperation when the ink is barely dry on the original Bill that we are back here amending it when it should be shredded. In the rush to guillotine the debate in December the Minister forgot about exemptions for properties used by charities, those with pyrite-induced damage and those renovated for disabled residents.

The Minister also proposes that local authority housing will be treated at the lowest value of €100,000. Section 7 outlines his attempt to put a positive spin on this exemption which has managed to turn reality into a virtue. Both he and his officials know that valuing local authority houses in the first category is not fair. Apart from some in Dublin, local authority houses in the remaining 25 counties are not worth over €100,000. In Portlaoise, most are valued at an average figure of €60,000. I have even seen ex-local authority houses sold for €22,000 in recent months. The same is true in south Kildare and Offaly.

Revenue will issue guidelines on setting the value of one's house. If I am buying a house off Michael Noonan, he will have it valued using Revenue's guidelines. However, under this amending legislation, he wants the purchaser to let Revenue know if the house is worth more. It is shameful trying to turn one person against another in such a situation where the property has already been valued.

In 11 days time value guideline letters from Revenue will be hitting the floor in many hallways. Last night in Graiguecullen, County Laois I spoke to people with take-home pay of €300 a week and some disabled people in dread of this tax. It was wrong in December and is still wrong today. Sinn Féin will table amendments to knock the rough edges off it, but no amount of amendments can change the fundamental fact that this legislation takes no consideration of one's ability to pay and will impose a 4% or 8% interest rate every year on those who cannot pay it.

The Bill also gives powers to the Department of Social Protection to deduct the tax. However, the Minister for Finance did not look to the Department of Social Protection to poverty proof the Bill before its introduction. Such a study would have had regard to the impact of the Bill on people such as those I have referred to, those on low incomes and those who are struggling. Such a study would have determined whether the effects of the family home tax caused people to be deprived of essential items. It would have been identified in a survey and the key issue is that the exercise has not taken place. I urge the Minister to have regard to such a study or at least to do so before commencing the Bill. I appeal to the Minister in this regard and I put the case to him honestly. I challenge the Minister to have the courage and conviction to carry out that exercise.

Shockingly, this Bill, which amends the property tax, contains no waivers or exemptions and no way out. Those people I referred to are trapped. The millionaire will pay the same as the pauper and the lone parent will pay the same as the millionaire. I strongly advocate exemptions or waivers. The waivers should include people in low-income households, including those on jobseeker's allowance; one-parent families; those on supplementary welfare allowance and family income supplement, which is the lowest social welfare payment in the State at €186 - not even these people are exempt; those on farm assist; old age pensioners and recipients of occupational pensions; and people on the invalidity pension, those on disability allowance and benefit and blind people. None of these groups is exempt. No one is exempt but at a minimum we should exempt these people.

The Minister has gone for the soft option and imposed a tax on homes rather than wealth. He is putting the tax on local authority houses. A person living in such a house does not own it. The Minister is putting a tax on something that does not belong to the person concerned. That is the key point. People in negative equity do not have property; they have a millstone around their necks. By its nature this tax will hurt people on low incomes. I imagine the Minister has met such people. I have met people in recent months who are in a state of trepidation because of the tax.

Last December we gave the Minister choices. We set out alternative proposals for the budget in a document whose theme was making the right choices. We spelt out exactly how the books could be balanced without implementing this home tax. We outlined new tax measures to raise €2.7 billion that would not have affected low and middle-income groups, including a third rate of tax at 48% only on portions of income greater than €100,000. We set out proposals for a wealth tax that would exclude working farm land and the family home up to the value of €1 million. Other exemptions were contained in the proposal. We set out measures including standardising all discretionary tax relief, which would have raised substantial funding, and we proposed a tax on betting. Many people might not like that idea but I would rather see a tax on betting than a tax on the family home of people, including, for example, those who I met last night. If the Minister reflected on our proposals he would conclude that they would a be a good deal fairer. We outlined where savings could be made. Our savings would have brought in €1.044 billion. Sinn Féin does not believe that savings cannot be made but they should be done in a sensible way. We outlined savings throughout the health sector and other parts of the public sector, including a recommendation for the replacement of branded drugs with generic substitutes.

The Government is hiding behind the troika in this case and blaming Fianna Fáil. Naturally, it was Fianna Fáil that conceived the idea of this house tax. The Minister, Deputy Noonan, was not in favour of it when he was in opposition, as previous speakers have noted. Now, the Minister maintains it is part of the agreement with the troika. It was part of the agreement involving the previous Government but the current Government got a new and very significant mandate, which goes right around to this part of the Chamber; that is the extent of the Government's mandate. The Government is setting out to deceive the public by suggesting that it must do this because of the troika. The Government has choices. We recognise some of those choices might not be easy. One cannot pull rabbits out of a hat and I do not intend to pretend as much but there are choices and those choices should be taken.

There is an exemption in section 2 for the disabled. The problem is that the cost of the adaption of a house must be one quarter of the value of the home. Many adaptions have been carried out. I have dealt with cases at constituency level which only cost €4,000 or €5,000. Some works only cost €3,000, for example, those involving the installation of a stair lift. The measure will not get to the people who are affected.

I appeal to the Minister to take into consideration local services, for example, in the county where I live. We pay for all of them already. Refuse collection was privatised in 1985. We pay for it. We pay fire changes and a range of other charges. A range of other services have been completely privatised. That is the difference.

Through this measure the Government will screw low-income households and those who simply cannot pay. I have seen people and the effect this is having on their physical and mental health and it has shaken them. I say as much honestly. This will be evident when the letters come through the letter box. These people know that water charges will come in next year once the local elections are out of the way. The people know what is coming and what is in front of them and it is not fair. I call on the Minister to revisit it.

I will be sharing time with Deputies Richard Boyd Barrett, Joan Collins and Clare Daly. We would much rather more time but the guillotine is being imposed to allow the Revenue Commissioners to send out tens of thousands of letters to people, most of whom are already prepared for it.

The reason there is no vote today is because the Government does not want to debate the Bill. It is providing time for what it believes to be a necessary evil, otherwise known as the Opposition. At the same time, most of those in the bloated Government are heading out to do constituency clinics and attend local events. As of now, only three slots are to be filled by members of the Government and that says it all. It appears to be a rather cynical exercise to try to conclude before 3.30 p.m. The matter of constituency clinics, to which I adverted, represents the same parish pump politics charge that is singled out for those of us who are Independents. However, we can see that it is clearly taking place on the Government side.

The Bill is intended to amend a Bill that was only enacted before Christmas. This shows that the process was a failure. The prior Bill was shoe-horned into December to have it passed before Christmas for one reason only: to get the backbenchers home for Christmas and ensure that they could not be got to during the Christmas recess. That is an abuse of process.

Another abuse of process was the general election, when people clearly believed they were given another option in Fine Gael. That party stated in its manifesto that it did not intend to do this. Apart from resistance to the tax on the family home, which does not, of itself, produce any wealth, my key concerns with this tax include ability to pay, fairness and what the tax is to be used for. I believe the tax fails at all levels. The Fine Gael manifesto acknowledged all three of these concerns, highlighting people who were asset rich and income poor, including pensioners. The document highlighted the negative equity generation, which has paid vast amounts of stamp duty. Many of those people only own a debt at this stage. The document highlighted the need to reform local government and remove wastage. All of this is set out in the Fine Gael manifesto.

What are we being asked to pay for? The motor tax fund from 1997 was ring-fenced and used as a key component of the local government fund. We now have a shortfall in the local government fund. Why? The reason is that between 2009 and 2013 some €543 million has been withdrawn from the fund. The property tax is expected to take in at best €500 million. That knocks on the head any chance of any additional services being provided.

When opening the debate on the Motor Vehicles (Duties and Licences) Bill 2013, the Minister for the Environment, Community and Local Government suggested that in 2012 some €46.5 million of motor tax income was transferred from the local government fund to the Exchequer and that this year an amount of up to €150 million would be similarly transferred. He further suggested these were necessary measures towards the reduction of the national debt. Let us be clear: this Bill is not about a property tax. That is the label put on the measure but in fact it is a tax for funding the national debt. Giving the impression that the tax will provide extra services, including parks maintenance, leisure services and street cleaning, is simply nonsense.

Other countries impose property taxes. I have friends and family members who live in other countries. I discussed with a friend who lives in France how property taxes are levied in that country. He told me that the imposition is worth it for the return it offers. It funds summer events for his children, child and elderly care, a local police service, ongoing urban improvements and leisure facilities and services. This Government is quick to point to other countries but the services I have just described are either not provided in this country or people pay for them separately. It is fair to ask what people will receive in return for this tax.

One reason the tax will be hated is because it is being used to fund the national debt. No developed country that is serious about proper local government should impose a tax in this way. Local representatives should vote for local taxation measures and the money should stay in the locality. We have it backwards. The current system of distributing the local government fund is already wildly unfair but the Minister is determined to retain 35% of the property tax as an equalisation fund to be distributed as he sees fit.

The historical development of local government in this country was based on control and centralisation. It is a reflection of the 19th century. If we were to build the best attributes of Irish people into the local government system we would end up with a different type of politics. However, reforms have been piecemeal and timid at best.

I will have to leave out a lot of what I wanted to say because of time, which I fear is not going to be available later because the Government is not filling slots. I have tabled a number of amendments on the issue of pyrite. The Minister would not buy a house in an estate in which pyrite was proven to exist. Such houses should be excluded from this tax on the same basis as unfinished estates. It is nonsense that householders will be required to pay €1,000 to prove they have a pyrite problem in order to secure reductions of €300 or €400. In regard to people with disabilities, I do not think he realises that the fund is operated differently in the various local authority areas. Some means test for it and others do not. An individual in County Kildare who is bed ridden will not get a grant if somebody is looking after him or her in the house. It is nonsense to include this type of proviso. These details should have been teased out so we could see the differences among local authorities. I would have liked to make some positive suggestions on how we might reform local authorities but I will leave my remarks for another day because I do not want to use my colleagues' time.

I join Deputy Catherine Murphy in protesting in the strongest possible terms at the imposition of the guillotine. Many of us would like to speak for a considerably longer time because there is a lot in this Bill. The Tánaiste put on a display of political cynicism when we was questioned on this matter yesterday. It beggared belief that Government Deputies were chortling in their seats about playing the PR spin game and refusing to acknowledge the serious protest we had made to the imposition of the guillotine. Despite the Government's grandiose claims about democratic revolution, transparency and a new kind of politics, it has established a clear pattern whereby a Bill is guillotined if it is controversial or looks set to face serious opposition but non-controversial legislation is allowed to run for days. That is the game it is playing. I do not know why Government Members are not ashamed about that level of manipulation. It is scandalous. It is bad enough that the country is in its present hole or that the Government plans to increase the people's suffering by imposing this charge on hundreds of thousands of ordinary householders but it is absolutely shameful that it refuses to allow proper debate and scrutiny of these measures.

Government Members have honed their skills in media manipulation and PR very well. It is a pity that we do not live in the world of "The Matrix", where perception is reality because if we lived in the virtual reality bubble in which this Government appears to reside - the media virtual reality bubble where if one says something often enough it becomes reality - it would be great. However, when we walk outside of the bubble of this House and go to the estates, towns and villages to talk to ordinary people, they can see through all this virtual reality and media spin and manipulation because they have to face the cruel reality of having no jobs and their incomes being slashed. They do not know how they can manage their bills or pay their mortgages. They are terrified for the future of their children and are at their wits' end about their capacity to survive. It was heart wrenching to hear stories of ordinary workers in IBRC - not the management - who spent their lives paying taxes only to discover via the television that their jobs were gone and they would be walking away, in their 50s or 60s, after years of employment with €13,000 as a pay off. They do not know how they are going to pay their mortgages. One story we heard yesterday involved a man in his 50s who never depended on social welfare for a day in his life and does not know whether he can pay his mortgage. That is the appalling reality.

The Government now wants to impose a charge of hundreds of euro per year on top of that reality. People simply cannot pay it and all the spin and manipulation of the democratic process will not mask that reality nor will it prevent the people from feeling rage, anger and despair. It is time the Government got rid of the myopia it seems to suffer and started to face the reality that it is asking hundreds of thousands of people to do something that is not possible. They cannot pay. Approximately 200,000 children live in poverty. Their parents and families also suffer poverty. How does the Minister expect them to pay? We have asked that question time and again. How does he expect people who cannot pay their mortgages to pay this new tax? I laugh when I hear him say this is a better alternative to increased income taxes because the latter would be a tax on jobs. It is as if there are two different realities. There is one reality in which people get their pay packets and another reality in the mysterious source of money that can be found in the back gardens of their houses. Money trees do not grow in the back of people's homes. Where are they supposed to get the money?

This will have a depressing strangulation effect on the rest of the economy. Does he not see what he is doing? Every euro he takes out of the pockets of people who cannot pay their bills is another nail in the coffin for the domestic economy. The deferrals are a joke. Those who are in insolvency arrangements may get deferrals. They are strangled with debts and forced into these arrangements because of the activities of banks but as soon as they get out of them they will have accumulated further debt through the property tax, thereby offering a vista of misery for years to come for hundreds of thousands of families.

We continually remind the Minister of the alternative, but he refuses to debate it seriously, just as he does not want this debate. Why instead can we not tax those sectors of society the Minister refuses to touch? Unbelievably, I got an answer from the Department today to a question I put regarding corporation tax, stating it could not calculate the effective corporation tax rate. When I ask about the effective income tax rate, the Minister gives the answer. It is a simple calculation of the gross income, tax paid and the percentage of the latter as a proportion of the former. That is the effective tax rate. However, when the same question is asked about the corporation tax rate for the corporations he refuses to touch, which could be hit for further taxes to save the suffering of ordinary people, he says sorry but it cannot be calculated. That is rubbish. It is clear, using the same methodology as for calculating the income tax rate, the effective corporation tax rate in this country is 6.2%, half of what the Minister claims it is.

The Minister should be fair. He must be fair to the economy and to those who are suffering. He should tell the truth, allow for real debate and begin to consider taxing those who can afford to pay rather than those who are being crippled.

I too strongly oppose the guillotine on this debate. We must look at the state of the country and see it for what it is. For decades, the policy of successive Governments has been to encourage people to get on the mortgage ladder. In 1989, I was renting a two-bedroomed house in Kilmainham at a cost of approximately £980 a month. An opportunity then arose to buy a house in Inchicore for £31,000, with a mortgage cost of £1,100 per month. When mortgage interest relief was applied to that, the cost reduced, making it worth a person's while to consider buying a home. Not only did Governments in those decades introduce tax relief incentives, in the 1990s they also introduced tax reliefs for buying properties in the city or apartments, all in an effort to encourage people to buy their own homes and buy into property. They did this rather than encourage a strong and healthy rental system where tenants and landlords would have rights and proper accommodation would be provided.

We are all aware of the horrible state of some private rental stock in this city, but we now see a change with local authority inspections. We have seen apartments on the South Circular Road and elsewhere which were in a terrible state, dreary bed-sits full of mould, terrible toilets and net curtains that were falling apart. This was the type of choice available for years in the city. This was an incentive for people to get their own homes and that was actively encouraged by Governments.

We also had a situation where Government policy in the 1970s and 1980s actively encouraged people who were renting local authority housing to buy their homes. When they bought those homes, these people expected they would be able to continue working and paying their mortgage and that when they reached retirement they would know what pension they would have and would be able to live on those means. However, now the Minister is slapping a property tax on those people. He is slapping a home tax on them and ignoring their expectations. The Government reminds us often enough that high earners on super pensions have expected earnings. We had an expectancy that we would be able to retire and have the comfort of our own homes. We had worked out what money we would have. Working class and ordinary people are very careful about managing their finances for their later years. However, now they have been told they will have to pay a home tax of up to €400 per year.

On top of the home tax, they will have to pay a water tax year and probably a broadcasting tax the following year. We are talking about an extra €600 to €800 per year for people in average homes. These are people who can barely get along. Many of them are elderly people who are keeping their children going. They are paying for their children's school books, clothing and food because of the effects of the austerity carried over by the Government from the previous Government. It is the Tweedledum and Tweedledee, Lanigan's Ball, politics of "you step in again, I step out again". We have different parties, but the same policy of continuing the austerity and continuing to hit on people who can ill afford these attacks. Please give people some relief. People say to me they need some sort of leniency along the line to see if they can find their way out of the situation they are in, but the Government does not seem to see the need for that.

Young couples who bought their houses during the boom paid huge stamp duty. As I said earlier, I got a mortgage of £31,000 - I cannot say I bought my home because the mortgage is not paid yet - on my house in Inchicore. Recently, in the madness of the Celtic tiger boom, my house would have sold for €500,000, though not worth that. Ordinary people with young families who wanted to get onto the property ladder, encouraged by successive Governments, would have paid massive stamp duty to buy a house at that price. Now they are being asked to pay this property tax.

I met a girl who went to the bank for a loan for a car four years ago and came out with a mortgage for an apartment. That is the way the market was driven. Once somebody went looking for a loan, one was encouraged to get onto the property ladder. They were told this was their opportunity to get an apartment. The girl I met is now living at home with her parents and renting out her apartment because she cannot afford to pay the mortgage. That is the madness of our situation. Yet, the Minister says these people must pay a property or family home tax.

This tax is to be applied right across the board, with just a few exceptions that will only have a minimal impact and will not help the people who need it. One out of every four mortgaged homes are in distress, with mortgages unpaid for over 90 days. Many people are on interest-only repayments and are in debt to their homes. However, these people are being told they must pay this family home tax. The Minister must meet people every day of the week who are in this situation, who cannot see their way to paying this family home tax. This Government and the previous Government have taken €27 billion out of the economy. They now plan to take €1 billion from the pockets of public sector workers by railroading them into accepting the proposed cuts. Some 8% of a cut will affect those on incomes under €65,000, but only 7.9% for those earning over €150,000. Where is the fairness in that? These proposals are absolute madness. The Government's cuts affect the same people all the time and it is taking another €1 billion out of the economy.

Looking at the figures on sales taxes, over one third of the price of a bottle of wine goes straight to the taxman. Perhaps the Tánaiste, Deputy Gilmore, is doing the taxpayers a favour buying €79,000 worth of bottles of wine. Some of that is going back to taxpayers. Latest retail sales figures reveal that there was yet another decline in consumer spending in January. People face fierce taxes in the context of spending and this makes austerity even harder for them. The Minister should review what he is doing. It is lunacy and will stress people out.

As others have said, the ink is hardly dry on the Minister's original legislation and we are back already with a list of amendments that will be wholly inadequate to undo the damage and destruction that will be caused by this tax. This is a forerunner of the fiasco this legislation represents. This proposal was badly thought out, was rushed through and is part of a process that is foisting further taxation onto the shoulders of people who can ill afford it.

The Bill before us is clearly an attempt by the Government to give the illusion of limiting the worst excesses of the Act by dealing with the greatest inequities, excluding a few more people and trying to dress it up as dealing with the growing opposition to this tax the length and breadth of the country. There is not a chance of that intention being fulfilled whatsoever.

This tax is already hated. In my opinion, it will represent a turning point in the attitude of ordinary people to the austerity that is being put on their shoulders, not just because they cannot afford it but also because of the economic lunacy it represents. This attempt to take more taxation from the pockets of people who are already stressed will not serve our economy well and will not stimulate it. In fact, it will exacerbate the problems that already exist.

One of the things that really gets people's goat is the incredible contrast between this Government's treatment of ordinary people and its treatment of wealthy people in our society. All of the statistics show that those at the top of society have benefitted over these difficult years, whereas middle and lower income families have been absolutely decimated. This is part of the same process. Home owners are being targeted by this Bill, which is probably the most draconian legislation ever to come before the House. Meanwhile, corporations are bring handled with a light touch. Previous answers given by the Minister have indicated that the effective rate of taxation on corporations is approximately half the rate levied, which is one of the lowest rates in Europe in any case.

The Minister has come up with this home tax to meet the deficit and continue to shackle us to the debts of private banks, which resulted from problems we were never associated with. I will not repeat the points made by others in this regard. The dogs on the street know that a home is not an asset. It is not a source of wealth. In many instances, it is the biggest headache that people have. To be honest, the idea of putting another tax on it is not the brightest one. Having been fortunate enough to have attended many meetings on this issue, I echo the comments of Deputies who have said this is a matter of huge concern for people around the country. One of the most common points one hears from older citizens, who tend to be to the fore at many of these meetings, is that having spent their whole lives putting a roof over their heads and providing for their families, they would rather do time than be taxed for the right to live in their homes or hand them over to their children and grandchildren.

One of the amendments to this Bill that the Minister intends to introduce will seek to lessen the valuation of local authority houses. Next week, he will be asked to consider an amendment that will propose the exclusion from this legislation of such properties. He exposed the lie that this has anything to do with local services when he decided to levy that amount of money on council properties. We know that local authorities do not have the money to pay these charges and that they will seek to pass them on to their tenants. Even if they are set at the lower level, which is only being done for the first three years in any case, that will not negate the difficulty in this regard. Once these properties are included in the legislation, the intention will be to increase the charges applying to them in the future. This will do nothing other than to exacerbate the problems for local authorities and their tenants, all of whom are being exposed to excess and increasing rents at present.

I do not have enough time today to develop all the issues that arise in the context of this Bill, but I will do so next week. If the Minister re-examines the argument for a pyrite exemption, he might change his mind before Tuesday. I ask him to consider the matter in advance of the long debate we will have then. The Government lauded itself on its establishment of the pyrite panel, which received many submissions and was the subject of much involvement. The resounding conclusion reached by the panel was that homes affected by pyrite should be exempt from the property tax. The Minister for the Environment, Community and Local Government said that and the Minister for Finance said he would take account of it. The approach being proposed by the Minister is an illusion. This exemption does not recognise or take account of the difficulties faced by those who own homes affected by pyrite. If the Minister is genuine in his intention to protect such homes, he should heed our call and accept our amendments. He promised something in that regard.

The Minister is talking about allowing the Minister for the Environment, Community and Local Government to draft guidelines to deal with homes that have significant levels of pyrite damage. Who will measure that? Who will pay for it? I suggest that the liability is being returned to the home owner. Many homes that have tested positive for pyrite are currently displaying very little damage. That damage can appear over time. Work done on adjoining properties can affect houses. What is the story? The guidelines suggest that reference will be made to the new standard set by the National Standards Authority of Ireland. Significant levels of pyritic heave have already been indicated in tests that have been done on behalf of many home owners. Will they get exemptions on the basis of the tests they have already paid for? I suppose all of these points demonstrate that the onus is being placed on the home owner, which is completely unnecessary.

The only fair way to proceed is to make a simple amendment to the Bill to provide that estates affected by pyrite are included as unfinished estates and are therefore exempt as of right. It does not matter if one's house is not currently displaying signs of damage - if one is in an estate that has unremediated pyrite problems, one's property is valueless. The only way to deal with that is to exclude such estates from the scope of this legislation. We are proposing a simple way of doing that, which involves the inclusion of all of these estates in the list that the Minister has to revise anyway. The amount of revenue that will be forfeited if this is done is quite negligible in the overall scale of things. I think the Minister can concede this point when we extend the debate next week.

I will make a final point before I conclude. When I attend meetings, I often hear people saying they do not know how much more the Irish can take and asking why we are not more like the Greeks or the French. If the Government succeeds in putting this draconian legislation on the Statute Book, and if in implementing it the State attempts to put its paw into the pay and social welfare packets of home owners, we will see Irish people start to become more like the Greeks and the French. They simply will not be able to take it any more.

I would like to share time with Deputy Donohoe.

I begin by reiterating my deep unhappiness with the method of calculation that is to be used to determine liability for the property tax. I do not think that will come as a surprise to anybody, not least the Minister. Like many of my colleagues in urban Ireland, I believe the proposed regime is unfair to Dubliners and, to a lesser extent, Cork dwellers and those who live in other cities. It is an unsustainable tax. It cannot survive the test of time in its current form. I regret that because I support the concept of a property tax. If we had introduced such a tax long ago, we would not have had the property boom - or at least we would not have had it to the same extent - and we would not be in the state we are in now. It is patently unjust that a person in rural Ireland could pay as little as one ninth of what a Dublin person with a similar income and a similar home will pay. While that would be an extreme case, it is certainly true that a person in a rural area will only ever have to pay a fraction of what a person in Dublin in similar circumstances, with the same size of home and the same income, will have to pay. The Minister is aware that an essential attribute of a tax is that it should be fair. This is just not fair.

The argument that better services are available in Dublin is absolutely true, but it is irrelevant because such services are paid for from general taxation. We are more than willing to pay for them. The taxes raised in Dublin pay for such services. Any surplus that exists is used to subvent services in rural Ireland, which is as it should be given that the whole purpose of general taxation is to distribute income. My essential point is that the distribution of income is not the purpose of a local tax. The argument that a house in Dublin is a more valuable asset is also true, but it is certainly not a justification for charging more tax. People in Dublin have a more valuable asset because they paid more for it. The important point is that they will continue to pay more for it over the course of their 30-year or 40-year mortgages. As a consequence, they will have less disposable income than their rural counterparts over that period of time. I should also mention that many of those who bought in the last 15 or 20 years made very substantial stamp duty payments. While I realise that the tax yield that is expected from this measure in 2013 is in the budget and cannot be changed, I want to lay down a marker by asking the Minister to consider amending the way it will work and will be calculated in 2014.

What I want to talk about are the specific measures in the Bill, which I largely welcome. In particular, I thank the Minister for responding comprehensively to my representations in respect of homes specially adapted for disabled persons, regardless of whether they were provided by their families or benefactors or as a result of court awards. As State provision becomes increasingly difficult for families of severely disabled persons to obtain, they have been forced to become more innovative in finding solutions themselves, usually from their own resources, to the long-term residential needs of their sons, daughters, sisters and brothers. When families have gone to huge expense to provide homes, it is unthinkable that they would also be asked to provide an annual property tax. The Minister has recognised that in giving a complete exemption, for which I thank him. I know the families will be equally grateful to him.

A complete exemption is granted in these cases but not in cases in which existing homes are adapted to accommodate a disabled person. Deputy Pearse Doherty highlighted the problem with this particular case. I am not sure what the thinking behind it is and I ask the Minister to clarify and think again about it. The explanation is that the reduction is limited to the lesser of two values: the chargeable value attributable to the adaptation work carried out on the property, and the maximum grant value under the relevant local authority scheme. That would indicate that the greater the grant, the greater one's relief. That would make sense if the grant scheme was related in any way to the actual cost of the adaptation. Deputy Doherty is right in saying that different schemes applied in different local authorities. In some years, local authorities had no money and no schemes so people built with no grant. Sometimes the grants were means-tested and sometimes they were not. It was a moving goalpost as far as the grant scheme was concerned. This does not seem to be a good basis for deciding the relief now. Incidentally, I should declare an interest, as I received a grant many years ago. I have received endless queries, which is why I would like this clarified.

Another issue that arises in respect of this relief is that it does not apply to any adaptations done prior to 2001. This is surprising, because the grants after 2001 were extremely generous. As was the case with all problems in the years following 2001, money was thrown at it. I remember that back in the 1980s and 1990s the maximum grant from Dublin County Council was £6,000. Families took out huge additional mortgages to accommodate disabled children and family members. Many of those have since died, for obvious reasons, but many of them are still alive and living at home. It does not seem fair that they should be excluded because there may have been an increase in the value of the property as a result of that adaptation. I am of the view that sometimes those adaptations actually reduce the value of the house. I ask the Minister to consider whether the grant value has any relevance to the increase in value attributable to the adaptation.

I wonder about the decision to charge the tax to owners of rented accommodation, including local authorities as owners. I realise that from an administrative perspective it is probably cleaner and easier, but there is much to be said for everybody paying something. In many countries, this is dealt with through a habitation tax or a mixture of that and a property tax. It would avoid huge resentment that will exist not only in council estates between renters and those who have bought their homes but in private estates where councils have bought houses or where housing associations are renting out properties. We will have situations in which one person pays a substantial sum in property tax while others pay nothing at all. I recognise that local authorities will try to pass on some of the cost but they will not be able to pass on all of it, so the cost falls back on the people who are paying.

This is not an area that gets much sympathy, but it is another whammy for owners who rent out properties. They may be able to pass on some of the cost but generally they are regarded as fair game for any tax. They are not treated for tax purposes in a similar fashion to all other businesses. We must understand that we need a vibrant rental sector, even for economic reasons, because we need to encourage mobility for workers. We will always have people who will not be able to buy and will need to rent and people whom it suits to rent. If we regarded renting as a normal business rather than something unsavoury and distasteful, we might lose that obsession with owning property and avoid a future property boom.

Unlike others, I think the snitcher's clause is a good idea, as is enforcement. All of the measures that have been introduced are highly desirable. Nothing incenses people more than some people getting away with not paying while those who are tax-compliant pay for them. I would like to change this law but I do not believe in breaking the law. As long as it is the law, it must be observed. I agree with the snitcher's clause. It is in people's interests, if they are buying a house, not to compound an error or deceit perpetrated by the pervious owner. Can the Minister tell me whether the reverse will also apply? If somebody has erroneously overpaid a tax, will it be refunded? When the property or a similar property is sold, it seems only fair that it should be repaid. It is inconceivable that there will not be cases in which people find they have overpaid and there will be a long queue of people going to the courts over the years unless it is made clear that it will be repaid. I suggest that now is the time to legislate for that. I have much more to say but I might keep it for another day.

Notice taken that 20 Members were not present; House counted and 20 Members being present,

I wish to focus on a particular topic: the impact of this proposed tax on homes that have been flooded and homes that bear the risk of flooding in the future. There has been much focus on the issue of market valuation and the challenges it poses, particularly in urban areas. It is vital that the new system include future flood risk when assessing market valuations of properties. If one home in a street has been flooded but its neighbours have not been flooded, it is obvious that the flooded home will have a lower market valuation than the homes that have not been flooded. It is essential that when home owners receive their proposed market valuations and bills for payment, they are allowed a reduction in recognition of the fact that when they sell their homes the values will be lower due to the risk of flooding. I have already raised this issue with the chairman of the Revenue Commissioners at a meeting of the Committee of Public Accounts. She decided it was an important issue which should be included.

I wish to emphasise two points in particular. This decision should be proactively communicated to home owners as part of the publicity campaign to be undertaken by the Revenue Commissioners. The chairman of the Revenue Commissioners confirmed this will be done. Many people, on receiving the market valuation, will be inclined to agree with the valuation. They may not recognise that flooding reduces the value of a property. It should be made clear to home owners that they may keep proof of the legitimate reasons for a reduction in the market valuation. The clearest example is that if a home owner is unable to get insurance for the property then the market value is reduced. It must also mean that the tax liability of the home is reduced accordingly. I say this in the knowledge that this is the case for some homes in my constituency. It is probably the same for Deputy Humphreys's constituency, as it is also subject to flooding. Some homes in my constituency have not been flooded in the past but because they are located beside areas that have been flooded, their owners are unable to get home insurance. It is very important that home owners understand that risk of future flooding or inability to get insurance are legitimate reasons for a reduction in the proposed market valuation. They must ensure they are charged the lowest tax possible. While many in urban areas are very conscious of the costs of a market valuation approach, this market valuation must be consistent and coherent. If, due to no fault of their owners, homes are at risk of flooding and have a lower market valuation, this must be accepted as a clear reason for a reduction in the tax liability attached to the property. I raised this issue with the chairman of the Revenue Commissioners at a meeting of the Committee of Public Accounts. She agreed with my explanation of what market valuation could mean. Given that this affects so many homes across the country, I would be grateful if the Minister could make reference to this in his concluding remarks.

If local authorities understand that there will be a reduction in revenue due to flood risk, they will give a higher priority to ensuring that homes are free from the risk of flooding. They will also need to deal with the problem of local authority properties being uninsured.

Deputy Olivia Mitchell spoke about the revenue-raising measures in this Bill. There is a need to provide clarification to taxpayers. The Government has committed to using 64% of all revenue raised by the tax to fund local authorities such as county and city councils, who will decide how to spend it locally. It is crucial that the Government make this clear and that it be a requirement. I would go so far as to say it should be included in the legislation. Many of the home owners and people I represent in Dublin Central do not want to pay this tax. It represents further hardship for them. We need to be able to demonstrate to them that the money raised will be spent locally on housing projects and public services that make communities as safe as possible. The balance of that money should be invested in the area in which it was raised. For example, tax raised in the Dublin area should be invested in the Dublin area. If other areas outside Dublin find that the tax rate charged is not sufficient to meet the needs of the people then the rate should be increased. The tax rate that applies to counties should be equivalent to the service levels that the people need. In the near future, local authorities will have the ability to set their own tax rates within a certain corridor. I want that provision to be used and the rates to be changed according to the needs of each county. People in Dublin paying this tax will need to see the benefits at local level. It should be a legal requirement that the money be invested in the local authority area from which it was raised.

I refer to section 6 of the Bill and section 7(3) of the preceding Bill, which introduced the property tax. Section 6 provides for an exemption for housing provided for people with disabilities or with a high level of need.

I was involved in discussions with a number of social housing organisations earlier today and discovered that one of the matters in respect of which they required clarification was how the Revenue Commissioners were going to implement the provisions of the Bill. Will Revenue confirm that the housing stock these organisations supply, in other words, that which is not provided by local authorities and which meets the needs of people who would otherwise not be able to obtain housing, is catered for under section 6? The organisations in question require clarity in the context of the money the are going to need in the future. This is extremely important, particularly as they will be seeking to raise their own funding in the future. Their ability to do so will be greatly reduced if there is no clarity on how section 6 applies to them.

The next speaker is Deputy Dara Calleary who is sharing time with Deputy Michael Moynihan.

I welcome the opportunity to contribute to the debate on the Bill. I wish to pick up where Deputy Paschal Donohoe left off by stating it is hugely important that there be clarity in respect of the social housing sector. This matter reflects the difficulty regarding the manner in which Second Stage is being rammed through today. The clarity being sought in respect of the relevant sections is going to have to be provided within a matter of 90 minutes or so on Committee Stage which is to be taken on Tuesday next. The really important issues such as this and that which relates to clarifying the exemptions relating to properties bought for or adapted to meet the needs of people with permanent disabilities must be worked out in intimate detail. When responsibility for collecting the property tax is passed to the Revenue Commissioners, they will implement the provisions of the Bill to the letter. As public representatives, we must be in a position to understand the import of these provisions. However, we are not being given the opportunity to achieve such an understanding.

The Finance (Local Property Tax) (Amendment) Bill 2013 is being introduced six weeks after the introduction of the original legislation. The Government should have learned a lesson from what had happened on the first occasion, namely, that ramming legislation through the House and getting the debate on it, particularly on Committee Stage when Deputies have an opportunity to discuss matters in detail, over and done with as quickly as possible is not the way to proceed. Will further amending legislation relating to the local property tax be introduced in April or May, when many of the issues being raised by Deputies become apparent during the implementation phase? As stated yesterday, when we cannot obtain answers to our very legitimate questions and concerns, what we are engaged in today is essentially a charade.

What is proposed in the Bill - the process relating to which will commence when people begin to receive letters from Revenue in the coming weeks - is going to take €250 million out of the domestic economy this year. Next year it will remove a further €500 million. This is happening at a time when the CSO has provided further indications of the serious difficulties being experienced within the domestic economy. The Government is talking up the export economy which is doing incredibly well. Exports are powering ahead and all of the multinationals that have invested here are doing well. At the same time, however, the domestic economy is either not growing or, in certain areas, beginning to fall back. If we continue to remove money from that economy and reduce the ability of people to spend within it, it will not grow. As a result, we will be faced with further job losses rather than employment growth.

Retail figures for January indicate that department store sales were down by 15%, bar sales by 8.1% and motor sales by 3.6%. January is one of the most important months of the year for the motor industry, in which approximately 50,000 people throughout the country are employed, and sales are down. In fact, the sector is haemorrhaging sales. Even in an era when there is genuine choice, bar sales are also down. This is all because people do not have money. Where are they going to find the money to pay property tax this year? Even if they are only going to be obliged to pay half the tax this year because it is being introduced by degrees, they will still not be able to come up with the money.

Deputies have all had people in their clinics about this matter in the past six months. This was particularly the case in recent weeks when the amounts they would be obliged to pay began to become apparent. There are no exemptions for people who are struggling, whose lives have been transformed by the economic crisis and who may have had the ability to pay this tax four or five years ago. In this regard, I refer to the case of a woman I met recently at my clinic. She and her husband had the capability to build and sustain a large house in a rural area. As a result of a tragic accident, however, her husband no longer works and is receipt of disability pension at the age of 35 years. This is a genuine case. The woman in question is not in a position to work and cannot find a job in any event. The house is unfinished - it is not in an unfinished estate - and the couple do not have access to the services which many take for granted. They will be obliged to pay €500 or €600 in property tax this year and a larger amount next year. They do not have that kind of money and neither do the 50,000 people whose mortgages on their family homes are in arrears. However, we are going to proceed - as if we were in some kind of bubble - because there is a belief abroad that people can and will pay property tax. It is very clear that they cannot do so because they just do not have the money. It is for the reasons I have outlined that Fianna Fáil illustrated the other ways in which the money might be raised. I refer, for example, to the introduction of consumption taxes whereby people could pay for their overall consumption through the payment of additional tax. However, the Government is determined to proceed on its current route. The position is going to become serious in the coming weeks when people grasp the implications of the tax.

I made a point 18 months ago - previous speakers alluded to it - that people were going to receive not so much as an invoice as an instruction from the Revenue Commissioners in the next few weeks and that they would genuinely inquire as to what they were going to receive in return for paying property tax. Deputy Paschal Donohoe pulled on his county jersey and stated what was raised in Dublin should stay in Dublin. That is good medicine for the troops. We must consider, however, what people living in rural areas are going to receive in exchange for paying the tax. These individuals are obliged to pay in order to have their waste collected. The troika has stated this is a European-wide model and that everyone throughout the European UNion pays property tax. However, when people in other member states pay their property tax, litter is removed from their areas, street lights are maintained and a range of local government services provided in return. What will people receive here?

They get Fianna Fáil county councils.

That is not the case. The Minister of State should be serious. As a result of the Government's policies, people are going to be obliged to pay for water and litter removal.

Fianna Fáil brought the troika into the country.

In rural areas street lights are not provided and there is a lack of decent roads. Citizens want to be shown what they will receive in return for paying the tax. When the household charge was introduced in November 2011, I informed the Minister for the Environment, Community and Local Government that it would be courteous and relevant if people were shown what they are going to receive in the context of development, etc. in return for payment.

It is welcome that while the Government is proceeding with the imposition of this tax, it is trying to make it easier for people to pay. In that context, I welcome the involvement of An Post on this occasion. However, people want to know what they will receive in return. Given that they will be paying between a couple of hundred euro and, in some cases, a few thousand, the very least the Government can do is get its pitch together and indicate that the money will be spent on local development, the provision of local services, etc. They do not want to be informed that it will be used to pay for reams of administration. Any business which received an invoice for the amount of money to which I refer would reasonably want to be provided with a schedule of the services or products being provided in return and that should be the position in this instance.

So many opportunities have been lost in the context of the Bill before the House. Given the way it is being driven through, perhaps the position could be examined in the amending legislation which will inevitably follow. Deputy Michael McGrath referred to the exemption relating to pyrite and the fact that various categories of houses would be treated differently. He also referred to the fact that houses in estates affected by pyrite were impossible to sell but that only specific houses in these estates would be exempt. There is an issue in this regard.

As stated, there is a need to clarify the position on properties used by charitable bodies and those bought for or adapted to meet the needs of those with permanent disabilities. I received a couple of such queries and, as always, Revenue was extremely helpful in providing information. We are all aware of individuals of advanced years who have obtained grants in order to adapt their houses. They can no longer use large parts of their homes as a result of infirmity. Will they be exempt from the tax? In certain instances, court awards have had to be made in respect of some of individuals obliged to make substantial alternations to their houses. I welcome that fact. However, I wish to have it clarified whether people whose disabilities are due to age or infirmity will be exempt.

It is incredibly difficult for people to place an actual value on their properties.

For example, a house was sold for €80,000 in an estate in County Mayo through the standard sales procedure of an auctioneer etc. The same type of house four doors from that property was sold in January by a bank for €40,000. How can we value the band for that house when that is happening, and the property register will show that? Are the houses between those two houses worth €40,000 or €80,000?

Regarding the number of distressed sales, another Allsop sale is taking place in the Shelbourne Hotel today; one cannot get near the hotel. Those houses are being sold today but how do the people living in those estates value their houses versus the price that will be paid for them at that sale today? That is the difficulty for people who will try to make an effort to put a value on their houses. There is nothing in the Bill that tells them the Minister appreciates them engaging with this process or that acknowledges that they are willing to put a formal valuation on their houses to comply with the law, and that he will give them a tax credit for what they will pay an auctioneer to do that. Those are practical measures to assist people in this process because property values are all over the place, so to speak, at the moment. The people who genuinely want to engage in this process will find it very difficult to do so because of the lack of support available to them here.

We have dealt with the points on negative equity and the squeezed middle income earners on whom this tax will be imposed. The mortgage arrears crisis is worsening as days pass. There seems to be some movement in recent days in terms of banks beginning to realise the kind of prices they have, but we must consider that 86,000 residential mortgage accounts are in arrears of more than 90 days, which has increased from 81,000 in June 2012. Collectively, those people owe €15 billion to various banks and institutions, and while there is a slight slowdown, that is a huge amount of money, and we will now add another tranche of debt on to what they must pay. They cannot pay their mortgages, yet we will impose a tax on them based on what might have been once an asset, but which is now a millstone around their necks. This tax is very much a millstone tax for many people who are not in a position to pay the mortgage, not because of any lifestyle choice they have made but because they are not in control of what has happened to them in recent years.

Negative equity is a major issue for many people who are living in houses, the mortgages for which are far greater than the value of the houses. We are putting a tax on negative equity through this measure, which will add to people's concerns about the issue.

There is so much to do, and so much that could have been done in this amendment Bill. There is so much the Minister of State and the Minister, Deputy Noonan, could examine because as this tax rolls out, and as the letters arrive in people's homes, they will get an idea of more problems to come.

As I said at the outset, we are fooling ourselves if we think this is a proper way to deal with legislation, in that the Minister could come back into the House after six weeks with an amendment Bill to a Bill that was rushed through the House in nine hours. Also, we have genuine concerns and issues we are trying to tease out, yet this legislation will be rammed through Committee Stage in this House in 90 minutes next Tuesday. The Minister of State is long enough a Member of the House to know that Committee Stage is where we can tease out these issues and come up with answers. We cannot give answers to the social housing groups, the charitable bodies and the various groups who have concerns around that, and I suspect we may not be able to do so next Tuesday either.

I thank Deputy Calleary for allowing me five minutes to contribute to the debate. I want to reflect on the major concerns among people about this Bill in terms of ability to pay.

A number of issues arise, the first of which is that every house that goes through a sale or transfer transaction must have an energy efficiency rating certificate. Will something have to be done about that in the Bill because the majority of houses on which tax will have to be paid will not be have that certificate? That must be examined because if the Minister is saying, on the one hand, that such a certificate is necessary for a transaction, how can he say the house is liable for a property tax on the other hand? That issue must be teased out.

Also, many elderly people living on their own are talking about making wills to bequeath their properties. It is not only elderly people who are considering that. People in the full of their health are also making wills, but their concern is about the value they put on the house. They put a particular valuation on the house but when the estate goes through probate subsequently, will there be another liability on the estate because of calculations they believed were correct at the time? The issue was raised in regard to Dublin about which many Members spoke.

How can a value be put on a house that is tied to a business, be it a small business or a farm? If a house that is situated in a cul de sac and which is tied into a number of other properties were put up for sale, there probably would not be any sale value in it. How would the Revenue put a value on such a property? These are the issues of major concern to members of the public in terms of their ability to pay.

The biggest problem is that there is a group of people in negative equity, an issue which has been discussed at length in the House. A number of people are very far behind in their mortgage payments. They have furnished records of their personal finances to their banks. They have engaged financial consultants or MABS with a view to parking loans and making sure that the roof is kept over their heads. Irrespective of what is being said, solicitors to whom I have spoken in the past week or two about individual cases say the reality is that the banks are not engaging in respect of specific queries or serious hardship cases. I could name the cases I have in regard to banks. In the past fortnight I have been trying to make contact, electronically, by telephone and in writing, with one of the banks, and it has failed to come back to me. The person who has the distressed loan is in an extremely distressed state. Irrespective of the value of the house or of any issue that will come down the line, I cannot understand how a property tax can be imposed on that person, who built a house but who is now on €188 a week, with no other income. That person simply does not have the money for the basic requirements - food, heating and so forth.

We are debating this Bill again. On the issue of social housing and communities that have developed housing projects - what would be known in the communities as the sheltered housing associations - where do they stand in regard to the advice their tenants are getting, which is conflicting? We have not brought clarity to those issues.

To recap, I cannot understand how the property tax can be imposed in respect of houses that do not have an energy rating certificate. I cannot understand how it can be imposed on elderly people who are making decisions on the transfer of property because the valuation they might put on their houses now may change in the future when it is processed through the system. Where will they end up? We thought there would be clarity in regard to social housing. We assume there will be clarity on that issue on Committee Stage; it is something that must be examined because the associations are concerned about it. Many of them are national associations but many of the local associations in small communities are wondering where they stand in regard to this property tax.

The bottom line is that people will not be able to pay this tax. Many people are going to their TDs, and not just to Members on this side of the House, seeking advice and help in regard to engaging with banks on facilities for loans and so on.

They are in a very distressed state. The bottom line is that the money is not there. In a full year one is talking about €500 million, money that will be taken out of the economy. A credit union survey shows that many people end up with only €50 a month to spend after everything else has been paid, for but many are €50 in debt at the end of the month and must borrow from parents or relatives to try to keep the wolf from the door. People have children going to school and third level and want to do the best for their families. Rural communities, in particular, are faced with a double whammy. They are faced with this tax and the septic tank charge and do not know where it will all end. I appeal to the Minister and the Government to rethink this tax in order that we will not be back here discussing, as my colleague said, an amendment Bill to an amendment Bill.

I thank the Minister of State, Deputy Fergus O'Dowd, for his presence. A number of key issues raised during the debate on the original Bill are being written into this legislation, mainly in regard to exemptions for the most vulnerable, deferrals for low income households and a reduction of rates for local authorities. I welcome these as improvements to the original Bill introduced last year.

As many Members will know, since the introduction of the household charge, with the late Shane McEntee, I have campaigned to have homes affected by pyrite which are without question unfinished owing to the remediation works that will inevitably have to take place included in the unfinished category and granted an exemption from the local property tax. I was very much looking forward to welcoming this Bill in respect of an exemption from property tax for properties affected by pyrite. I accept that it is not possible to grant blanket exemptions for properties where the presence of this material has not been proved, but on reading the legislation and taking in its detail, with many affected homeowners, I cannot but express deep disappointment and annoyance at the extent of this exemption. The bar has been set far too high. The exemption was a chink of light for those who had been to hell and back - as I said in the House previously, I include myself in this - and found pyritic material in their properties. Details continue to emerge that homes must show category two damage and have National Standards Authority of Ireland certification to qualify for the exemption. There has been a lack of foresight by the Department.

I would like to read a piece of correspondence I received this morning from a constituent, which is one of many. I hope the gentlemen concerned does not mind me doing so, but I will not identify him. He stated:

It won't make a difference which category a house with Pyrite falls into, it doesn't change the fact that it still has pyrite, and therefore cannot be sold ... It cannot be too much to ask that any house that produces a positive test result should be exempt from the property tax until such time as their house is remediated.

That is a sentiment I share. If we take the number of affected homes identified in the pyrite panel report as 12,500 - the average house would be valued at the national average of €300,000 - a total of €3.75 million would be due to be collected from pyrite-affected properties. This is, however, massively overstated, as I am doing it for the purposes of discussion because these properties are valued nowhere near the national average; in fact, some of them are completely valueless or have a residual value. The worst case scenario for the Revenue Commissioners is a loss of €3.75 million in a full year, or in 2014. As everybody in the House well knows, the target is €500 million in 2014. Therefore, it is a drop in the ocean and the Minister needs to rethink the approach being taken.

The Bill has disqualified home owners who have paid for testing and have scientific proof that their property contains pyrite - proof which up to this point has been accepted in higher fora than the Dáil, that is, the courts. What about those who have had their homes tested and there are visible signs but are in the category one stage as identified by the National Standards Authority of Ireland? How can we possibly tell them that their properties are not included? What about people who have covered up unsightly cracks in their properties by painting, plastering or wallpapering? Should they be punished for being house-proud because that is what the standard to which we are being asked to adhere does? In many cases, these family homes were bought at the peak of the boom and their owners have large mortgages. They have been abandoned by the entire industry. No one took responsibility for this issue until the Minister for the Environment, Community and Local Government commissioned the pyrite report and took various steps to deal with it. The property tax exemption was a chance for us to give recognition and support to these homeowners, which would have been the right thing to do. Last December we committed to an exemption would be granted to homeowners, but we have gone back on that commitment. I do not say that lightly.

I have a number of more positive comments to make on the legislation. The Bill will ensure homes that have been adapted for incapacitated persons will receive an exemption and that homes with a disabled person will pay a reduced rate. I commend the Minister for the sensitivity he has extended, in particular, to those experiencing financial hardship as a result of incapacitation or disability.

I welcome the exemptions for properties owned by various charitable organisations. A common-sense approach is being taken and recognition is being given to the sector that provides extraordinary service at minimum cost to the Exchequer. Properties purchased for charitable use, made possible through donations or Government funding, are used by citizens when they are most in need. Taxing this accommodation would be a counter-productive exercise and result in a reduction of the valuable service charities provide.

A major concern I raised in the previous debate on the primary legislation was the nature of how the local charge would be applied to local authority houses. While this is a complex issue, we do not want to push local authority tenants over the edge in terms of the rental revenue likely to be levied as a result. It made no sense for local authorities to be liable for a self-funding tax. However, there is a requirement for the burden to be shared across all properties in the State in order to reduce the cost for all other homeowners. The decision to reduce the rate to the minimum charge for all local authority homes is a good resolution for now, which I stress for a number of reasons. It reduces the burden for local authorities in Dublin and city local authorities where the value of properties would have resulted in higher rates than for their rural counterparts. Once again, this would have resulted in money in Dublin or urban areas going into the local government fund to be distributed throughout the State. As someone who represents the largest Dublin constituency, it is fair that Fingal County Council pays proportionately the same rate as its rural equivalents, particularly as this money is going towards a central fund in many cases.

I would like to briefly mention the deferral scheme for home owners. A single person with a household income of €15,000 and a couple with an income of €25,000 can avail of the option to pay at a later date. Families with incomes below €35,000 but above €25,000 can defer half the rate. This measure will give breathing space to families at a time of a temporary reduction in income. It was not set up to be an exemption. It is an appropriate means of reducing a burden at a particular point in time when individuals may be unable to find work or have a restricted family income owing to commitments given in other areas.

I wish to raise a number of points. It has been very difficult for those in the general public to get their heads around this Bill. As I have said previously, in 1977 my father was a rate collector and when the rates were removed that year he lost his job. I have always believed that if local authorities are to be sustainable, they must have some way of raising revenue. I have also always believed that people should pay for local services. Even when I was a councillor I argued strongly for that. However, I was against a rate increase on the commercial side because Kildare was moving ahead of the rate of inflation at the time. I would have supported the establishment of a fairer and more equitable base.

I welcome the provision regarding houses that have been adapted to make them suitable for people with disabilities. I tabled a number of parliamentary questions on this matter before the Bill was published and I am delighted the Minister has taken account of this issue.

There are a couple of things that make me nervous. They are situations that might arise only once in every 10,000 cases. In The Field by John B. Keane, which deals with the auction of a field, as two people are hungry to buy the field, it drives the price above the guide price. It is possible for that to happen. Somebody might have a valuation on his or her property and pay the tax based on that valuation. Let us say he or she puts the property up for sale after about five years, and two people are interested in buying it. There is a guide price that is similar to the valuation the owner had on the house. However, the two people interested in purchasing the property drive the price far above the guide price. There is a fear that in such a case the Revenue Commissioners will pursue the vendor and claim he or she did not put a proper value on his or her property. It is an anomaly that happens when a number of people are anxious to buy the property and drive the price above the guide price. That happened during the Celtic tiger economy, when two or three people wanted to buy a property. It is something that should be considered in an amendment to the legislation. Where an abnormal situation such as that occurs, there should be some way of rectifying it without a penalty for the vendor.

It is provided for that 65% of the tax is to be retained locally. I believe more should be retained. People who pay for something like to identify where that money goes. It could be going into a big black hole; big government has many such holes. If possible, there should be some other way in which counties such as Deputy Bannon's county of Longford, which are not generating the same rate base as my native County Kildare, for example, could be subsidised. Invariably, more heavily populated counties have more traffic on the roads, greater usage of street lights and more need for playgrounds. Where a large number of people are paying rates in that county, they should see the benefits of that. I believe a larger percentage should be retained in the county in which it is paid.

I intend to criticise Sinn Féin. It is strange what one discovers when one does a little research. Previously, I would have called Sinn Féin a two-headed monster, with one head facing to the North and the other facing to the South, and the head that faces the North reacting differently from the head that faces the South. Down here its members are shouting and roaring that there should not be a property tax or any type of tax on people's homes. They call this tax a home tax. However, I hold in my hand a copy of the rate poundages for the last four years in Northern Ireland. It is strange reading. I was a member of Kildare County Council for a number of years during that period and I argued for a drop in commercial rates or a maintenance of the rate at the same level. That is being done throughout the country. However, Sinn Féin is in charge in Northern Ireland. In Newry, where 14 of the 30 councillors are Sinn Féin, the rate has increased each year for the ordinary people. They are Irish people. There are, therefore, two categories of Irish people in this country. I have just read a synopsis of Animal Farm. It starts by stating that all animals are equal, but Napoleon eventually decides to change that by stating: "All animals are equal, but some animals are more equal than others." Does Sinn Féin consider the Irish in the South more equal than the Irish in the North?

Property taxes, household charges, water charges and licences for televisions that people may or may not have are the new face of stealth tax in Ireland. I say this as a Government representative who resisted the imposition of one stealth tax after another by the previous Administration. My conviction that such a burden, disguised in whatever format, is not justified remains the same.

However, I must give credit, or discredit, where it is due. The reality is that we are suffering from the fraud, corruption and cover-ups perpetrated by Fianna Fáil. It is indisputable that Fianna Fáil agreed this property tax with the troika. It is responsible for imposing what the Taoiseach once described as a "vampire tax" on the people. Fianna Fáil's actions in conspiracy with some developers, builders, bankers and senior executives resulted in a meltdown that can now only be resolved by the taxpayer. Fianna Fáil might in hindsight think it is sufficient to make false claims and look innocent. However, we should make no mistake: despite the denials, it is Fianna Fáil that is picking the pockets of our citizens - not that there is much left to take. It is dreadful to look across the Chamber today and see no Member from Fianna Fáil, or indeed from Sinn Féin, present.

The Deputy was not here earlier when we were here.

It does not surprise me given that those Members voted yesterday against extra time for this important debate. When the Tánaiste offered them the opportunity to continue the debate until 5.30 p.m. today, Fianna Fáil and Sinn Féin voted against it.

From the moment a property tax was mooted, it was implicit that while it had to be introduced, it would be fair. The outcry from all parts of the country and in my constituency of Longford-Westmeath indicates that this is not the case. Budget 2013 decreed that €3.5 billion must be raised, made up of €2.5 billion in expenditure reduction and, most importantly in the context of this debate, €1.25 billion in revenue. The mooted property tax became a reality. Fianna Fáil proposed and agreed it, but now its members cry crocodile tears at its introduction. On each side of the House there are conflicting viewpoints as to whether the troika required Ireland to introduce a property tax. Due to Fianna Fáil's actions, it did. More specifically, debate is most heated as to whether we should or should not take heed of such a requirement.

We are told that Ireland is the only country in Europe that does not have such a tax. This argument fails to take into account the fact that other EU countries do not have the same punitive level of stamp duty that applied in Ireland. On numerous occasions I made a strong plea to the Minister for Finance on behalf of people who are in serious negative equity. I welcome his comment this morning in opening this debate that there will be some concessions in that regard. One way or another, we are entrenched in a nightmare return to the horror of evictions, driven by the corruption of a so-called elite. As history repeats itself, the landlord is not the English squire, but the effect is still the same. We have been forced once again to doff our hats, this time to Europe, but driven to poverty by the actions of our own, particularly Fianna Fáil and, when it was in government, the Green Party.

  Of great concern to me is the effect the tax will have on our architectural heritage.  People could be forced by hardship to unroof their fine historical houses to avoid this levy.  As we seek to encourage tourism through The Gathering and generate interest in our heritage, this would be devastating.  Heritage is the cornerstone of our tourism industry.  We have seen the heritage budget shamefully cut over the last number of years.  It is now time for a considered approach to the reality that taxation could be the last straw.  Rural Ireland could be given a huge boost if exemptions were linked to a willingness to open properties to the public and tourists in varying degrees.  This of course would be dependent on the State's being prepared to cover insurance costs.  Given current insurance prices, it would probably cost more than the property tax to provide public liability cover.

  The role of our fast-disappearing great houses was wonderfully portrayed in a film I saw recently, "The Raj in the Rain".  It portrayed a landed gentry whom many would erroneously consider to be more foreign than native.  The sad fact is that today only 30 such families occupy their original estates.

Could Deputy Bannon conclude his remarks?

Thank you. The novel Castle Rackrent, by our Longford author Maria Edgeworth, was based on the demise of such properties. Taxes and the astronomical cost of repairs are an impediment to the retention of these wonderful properties. We must guard against taxing our heritage homes, no matter how large or small, to the point at which they become impossible to maintain. I value our heritage in all its guises and do not want to see short-term gain lead to the destruction of everything that makes us unique.

Make no mistake: a lack of resources will lead to the destruction of our fine heritage. As I said with regard to water charges, just as water cannot be taken from an empty well, one cannot take money from empty purses. Unprecedented demands can only in the long-term be to the detriment of our valuable structural heritage.

Heritage homes give each locality an individual sense of place and identity and create a link to the past that cannot be replaced.

(Interruptions).

Many fine houses disappeared in the 1930s and 1940s because of rates. In my area of Longford-Westmeath-----

-----we lost Foxhall House, Doory Hall, Lissard House, Mount Jessop and Bawn House in Longford, Barnstown House in County Westmeath, and many others.

Deputy, it can be read into the record.

It is not easy, Chairman.

We are left with nothing more than the ghostly presence of ruined estates that bear witness to another age. How much more relevant it would be to still have the reality.

In conclusion-----

(Interruptions).

-----taxes such as a site value tax are the way forward, rather than a flawed property tax.

I thank the Chair for his endurance and for giving me my seven minutes.

The Deputy's perseverance is impressive. Deputy Mick Wallace is sharing time with Deputy Shane Ross.

I would not share anything with Ross.

(Interruptions).

I am delighted to hear that Deputy James Bannon will be voting against the Bill, which some people might be surprised by. I am very pleased.

I did not say that.

The Deputy might as well have said it.

So many things have been said on the many occasions on which we have spoken about the property tax and household charges that it is difficult to find something new to say. The basic principle remains the same. This is an unfair tax at this particular time. One of the Government's strongest arguments has been that as they pay property tax in Europe, we should pay it here. We are all well aware, however, that no one ever paid stamp duty on a primary residence in Europe, whereas they have here. Even someone who paid €200,000 for a house here paid €12,000 in stamp duty given the rate charged of 6%. When one adds that to a 20-year mortgage, it becomes €25,000 or €1,000 per annum through the life of one's mortgage. That is a property tax and it is disingenuous to say that we do not pay such a tax here. We pay a great deal. Anyone who had the pleasure of buying a house in Ireland during the last 20 years paid a great deal more tax than his or her European counterpart. If one bought a house in Ireland for €300,000, the relevant stamp duty was €18,000 exclusive of mortgage interest. Of the €300,000 the builder received, he had to hand over €165,000 to the State in direct and indirect forms, including stamp duty, PAYE, VAT on materials and VAT on subcontracted labour. When close to 60% of the money went to the State, it beggars belief that the State considers that it is now due an extra tax on the property.

If someone had said to me ten or even five years ago that we would introduce a property tax, I would have agreed that anyone who had not paid stamp duty and could afford the charge should pay. Given the dire place so many are in today, ability to pay is a serious consideration. Before one imposes a tax on someone, his or her ability to pay must be considered. It is what we do with income tax. Income tax is a form of direct taxation that is based on ability to pay. The more one earns, the more one pays, which is fair enough. I believe income tax should be higher here, as it is in the Nordic countries where better welfare systems exist. They have higher levels of services because they collect money at source from those who can afford it. It was disappointing in the last budget that the coalition did not see fit to increase income tax on incomes above €100,000. It is very hard to argue that it would be unfair to charge a higher marginal rate only on what one earns over €100,000. Most fair-minded citizens would have seen that as a progressive move.

There has been a growing level of inequality. In the last five years, the those who were best off hardly knew what austerity meant. I do not know if they can even spell it. It has not affected them at all and in fact their wealth has increased. Over half the people of Ireland are in a very difficult place and I am not sure the Government is aware of that. It takes actions that indicate that it has not taken that into consideration. I was at a briefing on Wednesday with former IBRC workers. It was frightening to listen to them. Of the five who attended, two of them cried. They do not know how they are going to deal with household bills or whether they can look after their families. We are not talking about people who were making crazy money. I was shocked to hear that the average salary in IBRC was €46,000, despite the fact that five of its employees were making more than €500,000, which was mad. The average wage of those laid off was €46,000, which is of a much lower order than the average wage in Anglo Irish Bank when it fell or AIB today. These people signed an agreement only two years ago on their work terms and redundancy when the company would be wound up, but it was liquidated overnight.

I understand how business works and that if one's business is liquidated or a company becomes insolvent one simply gets two weeks' redundancy payment. The perpetrator in this case is the State. The Government has its own reasons for doing this and I am not saying it should not have done it but it has an obligation to look after these people. They do not have a hope of paying property tax, like many others. The Minister needs to take another look at it, given that if a company goes out of business a liquidator comes in and becomes the controller. He makes the decisions as he sees fit and follows the rules and regulations that exist. That is the way it is and we have to take it on the chin. In this case the Government is the parent company of IBRC and it continues to trade. The Government needs to address its obligation there.

At least 60% of the people will struggle to pay this tax. The fact that so many are in a difficult place makes it difficult to take what is happening with the banks. It is so unfair. What is happening here is happening in other European countries. The problems are not particular to here because we live in a globalised society and the philosophies being implemented here are being implemented in other areas as well.

The Deputy has two more minutes.

Is the Acting Chairman serious?

I read in the paper this morning that the Royal Bank of Scotland has lost £34 billion since 2008. Last year alone it lost £5 billion but paid out bonuses of £679 million. In Spain, Bankia issued figures yesterday showing that it lost €19 billion last year. I read in the Financial Times last week that the Spanish Finance Minister, Luis De Guindos, said he does not expect a single Spanish bank to close down. This is despite the fact that the banks are insolvent. As the Minister knows, because we were arguing about it yesterday evening, there is no limit to what we can do for banks. He might say they are vital to the national interest and this, that and the other but I do not know how anyone can say that AIB and the Bank of Ireland have been vital to our interests when they have been effectively closed for the past four years. It is still just about impossible to get money out of them.

It is a huge problem for people that we have to impose a house tax on them when they cannot afford to pay it and are in a very difficult place, struggling to pay their household bills. Over half the population has only €50 left after paying their household bills each month yet the Government thinks they can pay a house tax. They see in the newspapers and on television what is still happening in the banks. It is mind-boggling. The gap in earnings between the top 10% and the bottom 10% in the developed world is 14 times greater now than 25 years ago. It is becoming unsustainable. We cannot expect ordinary people to continue to pick up the tab to suit this philosophy.

Unfortunately the Deputy's time is up.

That was the fastest ten minutes of my life. I thank the Acting Chairman.

It was a good ten minutes. I call Deputy Ross. He has ten minutes.

It was the longest in mine.

God knows Deputy Ross has had some long ones.

Ten minutes is enough time for three boiled eggs.

I am sorry about upsetting the banks.

I rise to speak on this Bill almost I feel for the second time. I am aware of the need for, and the reasons why, the Minister has introduced this Bill, in order to relieve worthy causes of the property tax. While everybody in the House supports what he is doing for the disabled, for charities and others, and for homes damaged by pyrite, the main clauses of the Bill still stand indicted by most Members, including those who sit behind him. One of the extraordinary exercises in listening to the debate on this Bill has been the political contortions of Fine Gael which managed to produce an enormous number of speakers, all of whom seemed to be vehemently against the tax and then walked through the lobbies in favour of it. That is a new democratic experience here.

Deputy Ross would be a good judge of political contortions.

It is one which the tax has provoked. The problem is that many Members on the Minister's side recognise that this is a fundamentally flawed tax in itself but it is utterly wrong at this time, as Deputy Olivia Mitchell said today, and I hate to use her as a thorn in the Minister's side, although she is fundamentally in favour of the tax.

It is very difficult to get money out of an asset which is yielding nothing and in many cases it is actually impossible because in the present market conditions one cannot sell a house, or if one can, one sells at rock bottom prices. People will be caught by this tax who simply do not have any money. They have an asset and the Minister is trying to get money out of an asset which does not yield anything. That does not make sense in the present circumstances.

I understand the pressure the Minister is under to deal with this but the problem is that property is the commodity which above all others caused the financial crisis we are in. The price of property is massively volatile. It is hugely unpredictable and there is certain to be social disruption if the Minister starts to tax something in that category from which people cannot actually extract liquidity. Property continues to be a major and unpredictable problem and commodity. That is why there are so many anomalies and complaints about the situation here and so many groups of people who say quite rightly that it is unfair because the price of their house and their financial and social condition has changed so much during this period due simply to one asset, the home in which they live. Their circumstances have changed so much due to the change in property prices that it is inappropriate to start taxing it. The Government did not recognise this. It said "Oh this is a commodity, which is out there, it is broadening the tax base" - whatever that means, I do not think it is - "we will tax it." One cannot really do that because there is no consistency attached to the kind of valuations we are making. The Minister and anybody involved in the property business knows that it is impossible to value houses accurately at the moment. The market, if it is there, is moving far too fast. There is very little consistency in it and in many cases one cannot sell a house. In theory houses are worth virtually nothing. If one cannot sell something it is not worth an awful lot and one cannot raise liquidity from it to pay this tax.

The other problem which this will exacerbate is also deeply property-related, the problem of mortgage arrears. The Minister has spoken about this, as has the Governor of the Central Bank, very eloquently. We have not solved the problem of mortgage arrears. At the moment there is no obvious solution. We get a great volume of suggested solutions, personal insolvency Bills and suggestions that the banks are going to get powers to repossess which will create an even larger problem in the property market. This is worth addressing because if the banks start repossessing properties this year which I gather they will, under new legislation about to come before this House, we will have an even bigger property problem because more properties will be forced onto the market which will bring the price of property down.

I am interested in the Minister's view on this. It is a prediction and one that makes sense.

The Minister acknowledged in his speech that there were people who will get into serious difficulties. Those who cannot pay their property tax and who refuse to return their forms and, as a result, refuse to pay, will have the liability confiscated from their pay or social welfare. They will then be faced with a dilemma about what to do about the gap in their wages. What will they do when the Revenue Commissioners have made an attachment order against their bank accounts? What will they do if they are on social welfare and the money is taken out of their benefits? I know - and so does the Minister - what they will do. They will not pay their mortgages. It is obvious that that is the only option left open to them. In the present circumstances, in which 140,000 people are not paying their mortgages or are in arrears of one sort or another, there is some sort of safety in those numbers. One of the consequences of the financial crisis we are in, for which I blame the banks and not the Government, is that people now regard paying a mortgage as an optional extra. When people have their property tax liability - which will be substantial next year, if not this year - taken out of their wages, they will opt for not paying their mortgages. The problem will come around the other way and we will get more problems with mortgage arrears. I do not know what we are going to do about that because it is a circular movement and, one way or the other, the same people will be hit.

Earlier, Deputy Donohoe referred to the recent meeting of the Committee of Public Accounts with the head of the Revenue Commissioners, Ms Feehily. She was very eloquent, engaging and enlightening but, by God, was she scary. She put the fear of God into us all at the committee when she told us what she was going to do to us if we did not pay the property tax. She told the committee that the Revenue Commissioners would be utterly and totally ruthless about collecting this tax. This will damage the Revenue Commissioners by portraying them again as confiscators, as tyrants, as people who make attachment orders against bank accounts and take money from those who cannot pay, all because they are acting under the instructions of the Minister. It will be damaging to the whole tax collection system if we have to use an enforcer of this sort with such extraordinary and draconian powers.

Before the Acting Chairman interrupts me because I am over time, I want to address an issue that is close to his heart too. The people of Dublin South, for whom he will not interrupt me for sure-----

The Deputy has 20 seconds left.

(Interruptions).

No parish pump politics allowed.

The people of south-east Dublin and other parts of Dublin deeply resent this tax. Apart from negative equity and other factors, the main reason for their resentment is that they will have to pay more than what will be paid for similar types of house outside Dublin. That is not fair. The Minister's refusal to make concessions on that, which has been well represented by the Members behind him, is a point I deeply regret.

I call Deputy Hannigan, who I understand is sharing time with Deputies Dowds and Terence Flanagan.

I welcome the opportunity to speak on the Finance (Local Property Tax) (Amendment) Bill 2013. The exemptions from the tax are to be welcomed, particularly those that relate to the new Personal Insolvency Act. It is important that we remember how difficult it is for people out there. We need to continue to work to get the country's finances right. I am pleased to see the importance of the debate is recognised by the Minister for Finance, Deputy Noonan, who is in attendance in the House.

The exemption for pyrite-damaged houses is an important issue for many families across the north east. It is an issue that I raised in the Seanad from 2007 onwards and have raised with Ministers since we came into office in 2011. When the original property tax was announced several months ago, I, along with the Pyrite Action group and many Deputies across both sides of the House, called for an exemption for families with pyrite-damaged homes. I welcome the fact the Minister listened to us and has provided for this exemption. I know from speaking to affected home owners that this exemption will help them somewhat as they try to deal with the problem.

Now that we have agreed the exemption, we must do some further work to agree on how we apply it. Affected home owners will need to get their homes certified by the National Standards Authority of Ireland to show the level of pyrite in the house. The authority previously announced new standards that it will use to check pyrite levels. If the testing shows the amount of pyrite is over a certain level, the home owner can notify the Revenue Commissioners with the certificate and be exempted from the tax. It will be up to the Minister for the Environment, Community and Local Government to show how the testing will be operated and set the level for exemption once the Bill is enacted. People are somewhat anxious about this and we need to work on it as soon as possible to reassure them.

I have been told by the Minister for the Environment, Community and Local Government that Mr. John O'Connor, the former chair of An Bord Pleanála, has been appointed to chair the pyrite resolution board. This is welcome news, and now that a chairman has been appointed we can expect to see further movement. It is important that Members on all sides of the House put pressure on the Minister so that the board is up and running with full membership as soon as possible.

On behalf of those with pyrite in their homes, we very much welcome this exemption, which we believe is a positive step. However, we have not seen the end of the story yet. We need to get the pyrite resolution board up and running, as well as clearing up the issue of restitution for those in difficulties with pyrite in their homes.

I welcome this amendment to the Finance (Local Property Tax) Act 2012 because it improves several aspects of the original legislation which came before the House before Christmas. The Bill provides for all local authority houses to be valued at the base rate, which will save those living in urban local authority housing hundreds of euro each year. It provides for reductions in liability for the tax in respect of properties for which grants have been given to adapt them for use by disabled persons. The Bill also contains a provision for undervaluation of the chargeable value by somebody who intends to sell the property. I welcome the deferral clause for those in excessive financial hardship, such as those who have to avail of the Personal Insolvency Act. Will the Minister examine this aspect of the operation of the Bill? As we may see anomalies where people are severally squeezed, it is important that we return to the table to examine it again.

There are three main arguments in favour of property tax. First, it is fairer than many forms of indirect taxation such as VAT and, generally speaking, it falls more heavily on the wealthy. Second, it is a regular and stable source of funding for local authorities. Most of the world has a property tax in some form or another.

Third, the tax is jobs friendly in that it does not directly affect the labour market in any way.

I wish to address two particular issues with the tax. Although in general it falls more heavily on the wealthy, clearly there will be hardship cases, such as pensioners living in valuable properties. Earlier, Deputy Ross stated in his contribution that the price of property has gone through the floor. In a sense that is almost an argument in favour of the property tax because of the fact that people will be valuing their properties a good deal lower than they would have valued them five years ago.

Despite that local authorities will have the power to vary the tax by plus or minus 15%, a measure which will come into effect in 2015, the tax will fall more heavily on urban dwellers than rural dwellers. I am concerned that people on low and middle incomes in urban areas such as mine will be over-burdened by the tax as currently designed. Families in my constituency will be paying far more tax than families in equivalent situations in other parts of the country. It is important that hard-working people on low incomes living in urban areas are not unfairly hit by the tax. This is another area in respect of which I call on the Minister to examine carefully people's ability to cope with the tax as it is rolled out. While there is an argument in favour of urban dwellers paying more in that they get more in the way of services than rural dwellers, the counter-argument is that local services in rural areas, including, for example, roads, cost a great deal more to provide there than in urban areas. There is a balance to be struck and I am unsure whether we have it at the moment. Let us consider these two points together: urban dwellers are being asked to pay far more in tax than rural dwellers yet providing local services in rural areas is far more expensive than in urban areas. This offers a strong argument to the effect that local authorities should have the ability to vary the charge to a greater extent than 15%. This would help to ease the burden on low-income urban dwellers. Such a move would help to provide greater balance between urban and rural areas and provide the necessary income to provide services where they are needed.

A related point is an issue that has not yet been decided but which is most important, that is, the percentage of the amount collected which goes back to the local authority from where the money has been collected. I am aware of the suggestion that 65% should go back with 35% going into a central pot to be divided up among the rest of the country. My fear is that it runs counter to the argument that it is a local property tax if a great deal of it is going away from the local authority area it came from. The local figure should be in the region of 80%. Some redistribution of money collected in urban areas to rural areas is justifiable because urban people use rural resources but if large chunks of this money do not go to local services then it flies in the face of being termed a local property tax.

Reference was made to the concept of a local property tax as a good source of income for local authorities. I firmly support the granting of powers to local authorities to vary the rate by 15% from January 2015. In the long term it would be a good idea to look towards a position whereby local authorities have even more powers in deciding on the amount of the local property tax.

We live in a situation whereby because of our traditions and attitudes towards property there are many people in the country, unfortunately, who deeply dislike property taxes. We know that Fianna Fáil signed up to this measure and that Sinn Féin imposes high property taxes in Northern Ireland. In their different ways they are playing on this issue with considerable hypocrisy. In the long run the only way a property tax will stick is if people see it as fair and I recognise that the Minister for Finance is in tune with this point; we would not be sitting here today if he were not. For this reason, I urge the Minister to review the operation of the legislation at the end of 2013 with a view to ironing out any inequity. The possibility of paying the tax to the greatest extent possible in a manner spread over the year will make it a little easier to bear. There is also a need to let people know exactly how the money is being spent.

I welcome the opportunity to contribute to the Finance (Local Property Tax)(Amendment) Bill 2013. I acknowledge the presence in the Chamber of the Minister for Finance, who has been here for the full debate, a point welcomed by Members. The Minister is here to listen and take on board the issues raised. As a previous speaker noted, the Government is introducing the local property tax because of a commitment in the troika deal entered into by the previous Fianna Fáil-led Government. This is an alternative to introducing increased income taxes, which would set back the employment situation.

This measure is seen to broaden the tax base and generate income of approximately €500 million each year. If there had been no property tax in the first place we may not be in the position we are in at present. New exemptions are included in the Bill and I am pleased that various concerns raised by Deputies in December have been taken on board by the Minister. In particular I welcome the amendment exempting those homes affected by pyrite damage. Qualifying homes will be eligible for a waiver for at least three years. When the Finance Bill was published after the budget in December it did not contain any specific reference to the property tax for homes with pyrite heave. I am satisfied that this matter has been addressed because there was considerable concern among homeowners with damaged homes. I have seen at first hand the negative impact of pyrite heave on home owners. I agree that they should not be liable for the property tax.

The issue of pyrite in housing has brought a good deal of unnecessary stress and anxiety. It has put a good deal of pressure on families through no fault of their own. These people have made the largest investment of their lives and now find themselves in this particularly difficult situation. This is on top of the other difficulties facing homeowners, including negative equity and mortgage arrears.

Section 3 covers the exemption for a period of at least three years for homes with a significant level of pyrite-induced damage. Section 3 amends the principal Act with a new section 10A which stipulates that the Minister for the Environment, Community and Local Government will draw up the regulations for testing properties to establish the level of pyrite damage sustained and whether a house has been impacted by a significant level of pyrite damage. There is an unresolved issue in this regard, that is, the testing of the relevant homes and the costs involved in testing. The issue features in the pyrite report and the report suggested that a generic test should be introduced to keep costs low, but we need to ensure this takes place as soon as possible. People should get an opportunity to carry out testing and the tests should be cheap and efficient.

The pyrite panel has conducted a thorough review of the extent of the problem in Ireland. It is estimated that approximately 12,000 homes could be affected and possibly more. We will find out the full extent of the situation when people contact the Revenue Commissioners in the coming months regarding their particular circumstances. Up to 1,000 homes have already been fixed up and remediated but clearly there is a need for more progress to be made in this area. Further progress is needed to deal with the testing issue and the categorisation of homes. I hope such progress will be made quickly and efficiently in the coming months.

I am concerned by reports that insurance companies are discriminating against home owners who have had their homes remediated, a point raised by my colleague, Deputy Alan Farrell. He has a considerable interest in this area. Insurance companies should not discriminate against homes where pyrite has been removed. I am aware that the Minister for Finance has no role in this specific area but I sincerely hope that the Financial Services Ombudsman will investigate this issue and ensure that home owners are not presented with further obstacles once their homes have been repaired.

With regard to collecting the local property tax, it is imperative that clear auditing systems are developed to ensure money collected from an area is ring-fenced for the relevant local authority to be spent on improving local services and amenities for those who pay their taxes locally. In my constituency, I am concerned that Fingal County Council does not have sufficient funds to undertake essential footpath and road repairs or tree maintenance in the part of the constituency for which it is responsible. I understand the concerns expressed by constituents who have paid the household charge when this work is turned down by the local authority. Some of them have stated that they want to see the benefit of the property tax in their own areas. If we are to get people's buy in, they must be able to see the local property tax making a difference on the ground.

It is currently unclear how much tax revenue will go directly to the local authority in the area where it is collected and how much will be distributed through the local government fund. Perhaps the Minister will address that question when he makes his concluding remarks. More than anywhere else, residents in Dublin are concerned about this issue because they are paying the most in property tax and it is only right that taxes paid on Dublin properties should remain in Dublin to improve the communities which pay them.

Local authorities will have the power to increase or decrease the level of property levied in their respective areas by up to 15%. It is important that councillors have these powers if local government is to be relevant. Local authorities wishing to adjust the rate will have to provide estimates of their income and expenditure for the period in question, as well as their financial position and a projection of the financial effect of the change. Accountability will be enhanced if councils are asked to provide annual statements to the relevant Department on how the local property tax is spent.

I welcome the deferral put in place for those who administer a deceased person's estate. This issue was raised with me by a constituent who was charged with selling a house as an executor of a will. The person was in the difficult position of being required to pay the household charge and the non-principal private residence charge up-front. The Bill provides the option of a deferral of up to three years to allow for the administration of an estate without causing unnecessary tax flow problems for the executor. I also welcome that individuals who enter into insolvency arrangements will be given the option of a deferral. People who may face excessive hardship in paying the property tax will also be able to defer payment. The exemption for incapacitated individuals and voluntary and charitable organisations with a low income base is also welcome. Local authority tenants are being levied because the more people involved in paying this tax, the smaller the burden on those who pay it. One of the criticisms of the household charge was that local authority homes were not included. New homes purchased in the next four years will be exempt, however. I welcome the Bill.

This debate should have taken place after the budget but the debate at that stage was shut down by the Government because it did not want us to shine a light on the fact that Fine Gael Deputies from Dublin had campaigned in the election on the basis that property taxes were unfair. However, the anomalies that usually appear in rushed legislation, such as the gaps identified in the IBRC liquidation process which showed that credit unions and local authorities are the only bondholders being burned, have made it necessary to legislate for just causes, as identified in the amendments. I reiterate my party's position in this matter. In the context of negotiations with the troika, Fianna Fáil acknowledged that the tax base needed to be widened and that we were overly reliant on property related taxes. We committed to introducing a site value residential property tax and acknowledged during our election campaign that such a tax was likely to be introduced. However, the public responded by voting for Fine Gael which argued that any property tax would be unfair, promised to overturn the promissory note deal, achieve retrospective capitalisation of the banks and overhaul the troika memorandum of understand. They voted for Fine Gael because of the five point plan and they voted for the Labour Party because bondholders would be burned.

We never said that.

The Labour Party promised that front-line workers would be protected and that education fees would not be increased. The public voted for Fine Gael and the Labour Party because they promised an easier and softer way. Closing the gap between income and expenditure was to be difficult but not painful. Those parties won the election with a massive majority and two years later they are now realising that the process has been painful for Members and their supporters. However, it has been torturous for the electorate. I acknowledge that the gap has been closed further and that the promissory note has been dealt with, two years later, but we have not yet seen the retrospective capitalisation of banks. The five point plan is now a one hit wonder. Credit union and local authority bondholders have been burned. Education fees have been raised. The poor are still in poverty. The weak and disabled have been let down. Frankfurt got a walkover from the Labour Party. What the Taoiseach said was unfair, unjust and illegal is about to be enshrined in law and enforced by the Revenue Commissioners.

Our commitment on a residential site tax was not predicated on zero or negative growth rates. It was not based on negative equity, a mortgage arrears crisis or inadequate insolvency legislation that enforces the will of the banks and gives them a veto.

The troika reluctantly accepted this from us and other Opposition parties, but it congratulated Government parties which plough on regardless with an inequitable property tax and which disregard an inability to pay by fining those who cannot pay another 4%. It ploughs on regardless with water metering and charges, in the absence of a promised audit of networks and costs. As we heard this week, it will plough on regardless with another charge on properties in the form of a broadcasting charge. It ploughs on regardless with an archaic commercial rates system that supposedly funds local authorities. It ploughs on with lame excuses for inaction on upward-only rent reviews. It ploughs on blindly accepting the deception of banks that they are lending. It is against this backdrop the Government expects growth, economic activity and jobs to be created. The stark reality is the promissory note deal will not ease any of the burden on families. Instead, this property tax will add to the huge burdens on the suffering families undergo every day of the week With regard to the amendments proposed by the Government today, I welcome them. However, they are a long way short of the demands that will be made by Government backbenchers in a few weeks time when the Revenue Commissioners drop their demands through the letterboxes. It is only then that the Government will realise that an alternative should have been considered and sought at this time. I do not enjoy making this prediction. I wish I was wrong and wish people could afford this tax. I wish society was in the sort of shape the Taoiseach tells his peers in Europe it is. I sincerely hope the Minister for Finance does not regret this and that the error in this regard is not his swan song.

I am very glad to have the opportunity to speak on this legislation and will begin with some of its positive aspects. I welcome the Minister and congratulate him on making positive changes, particularly with regard to people who have received housing adaptation grants. It is important consideration was given to their situation. It is also right that consideration is given to people acting as executors of a will for a relative or close family member. It was also important to recognise the position of people who suffer as a result of pyrite in their homes. The State has abdicated responsibility over many years through the lack of policing of building controls and regulations. It added to this by dragging its feet in the case of pyrite infected homes. I know some of those affected by pyrite personally and have been in their homes. Subject to the criteria and regulations of the Government's policy on pyrite being published and examined in detail, it would be churlish of those who have not been campaigning for that exemption not to acknowledge and welcome the changes. I wish to do that now. I have been struck by the changes that have been made in regard to personal insolvency. This seems somewhat like providing people with an exemption when the horse has already bolted. People in this situation are already in strenuous and difficult insolvency or debt settlement mechanisms. The point those of us who have been critical of this form of property tax have consistently made is that it will force more people into financial difficulty and force more people into mortgage arrears and into a situation where they are falling over a cliff in terms of their finances. How can somebody who is already in mortgage arrears and who is already paying interest-only on his or her mortgage be asked to pay a property tax on what is called an asset, when in fact it is a liability because the mortgage is larger than the commercial value of the property? That is economically irrational. Saying people in this situation will get an exemption, when they are already in a dire financial situation and have been forced to enter into debt settlement arrangements, does not seem to grasp the argument being made. An exemption in this case certainly does nothing for people in mortgage areas and to pretend it does is disingenuous.

I have listened to earlier contributions suggesting a property tax is progressive. The suggestion has been that those of us who make no bones about being on the left in terms of political debate in Ireland should be cheerleaders for a property tax. I reject that. I and many others certainly support a wealth tax, but that is very different from what is being proposed here and the mechanism through which this tax will be collected exposes this. Shortly after the Minister took office, he said in response to a parliamentary question in the House - I am sure the Minister takes these questions seriously and analyses them with diligence and rigour - that a wealth tax based on the model applied in France would bring in nearly €500 million a year. I assume he stands over that and that the Department was correct on that information. When talking about a wealth tax, we are not talking about an onerous imposition on those who create wealth, but about fair taxation. We are talking about citizens contributing to their society based on their ability to pay. A moderate wealth tax on a graduated scale of between 0.1% and 1% on financial assets - less mortgages and commercial liabilities - of over €800,000 or more, as a solidarity charge, is reasonable. When François Hollande took power and was given a mandate by the people of France, he reversed Sarkozy's changes to France's wealth tax. Other countries have introduced wealth taxes and there is a growing drive across Europe for the introduction of wealth taxes. For example, the Labour Party in Britain, the Social Democratic Party in Germany and others are all looking closely at this option. Why would we not introduce a new, moderate form of taxation to bring in €480 million a year to the Exchequer? How many special needs teachers would that provide or how many hospital beds would it open? According to the Department, a wealth tax would raise €480 million. Why would we not consider that? What difficulty is there with doing that? The idea that every wealthy person would suddenly go onto Aer Lingus.com and start booking flights to leave the country within 24 hours or a week is farcical, because we are talking about financial assets, shares and commercial property. These are assets that cannot simply be moved. This wealth tax would be a much fairer way to generate revenue, but it is not even being considered or debated. The property tax will hit domestic demand and spending. I know of a small unit of shops in an estate where two of the units have closed their doors for the last time. January this year was as bad for them as it has been since the crisis started. This is because people know property and water charges are coming down the line and this is impacting on their spending and killing domestic demand. In addition to this, we are removing jobs from the public sector instead of protecting them and keeping people in employment to provide the services we need.

I profoundly disagree with the economic thinking and rationale underlining the Minister's strategy. Yesterday at Question Time, the Minister mentioned the need to look at the supply side and the promotion of innovation and new technology and products. That is important and welcome, but there must be demand and people must have the capacity to spend in their economy.

This property tax undermines and dampens that further. The average home will be hit with a bill of €300 or €400. The water charges are next down the line. All of these public services are provided to people. People have a right to expect that their local authorities will clean the roads, install ramps in their estates if needed and provide clean water. The local government fund, which was established to provide for that, was raided by the last Government and, unfortunately, by this Government. It is simply untrue to pretend that this is new revenue. It is simply an accounting trick.

My view is that for every €100 raised through the property tax, €75 will be sucked out of the domestic economy. Some 180,000 mortgages in this country are in some form of distress or difficulty. According to the Central Bank, more than 10% of private mortgages have been in arrears for 90 days or more. The level of Irish mortgage arrears debt reached €16.8 billion last September. The introduction of the property tax will exacerbate these problems. As I have said, none of the cheerleaders for this tax has explained how those who are already in mortgage arrears, many of whom cannot do a weekly shop because they are financially crippled from doing everything they can to pay their mortgages, will find the money to pay this tax. When they reflect on the matter deep in their hearts and souls, they know that the people who call to their clinics and are being crushed by this country's myopic and disastrous economic strategy of austerity will not have the money for this tax. That is the truth of it. When new taxation measures are imposed in a depressed economy on people who are paid average and lower incomes, it depresses the economy further and creates a more divisive and fractured society. When one compares the revenue gained from such a measure to the revenue lost in other sectors of the economy, which is the bottom line, one finds that one does not even generate the funds one claimed one would generate at the outset.

Some people have suggested that there is a progressive case to be made in favour of a property tax. This is based on the idea that one should tax assets that accumulate wealth. Of course I am in favour of taxing assets, for example to deter those who would seek to distort the property market. Following the collapse of property prices, people are starting to buy property as an investment again. In doing so, they bleed dry those who cannot acquire their own homes and have not been provided with social housing. As a corollary of that, the State pays people's rents through the Department of Social Protection's rent allowance scheme. Our housing policy is in absolute crisis. There are 100,000 people on the waiting list and we are spending hundreds of millions of euro on rent allowance. It is completely wrong that investors are now coming in to distort the market again.

The Minister has said that people in local authority housing will be on the lowest level of payment, which is to be set at approximately €90 a year. This is supposed to be a tax on an asset, but local authority tenants do not own these assets. They return their properties at the end of their lives. As there is no asset for them to be taxed on, how can it be said to be a tax on their asset? It is simply irrational and illogical to impose this tax as another charge on such people.

The decision to give the Revenue Commissioners carte blanche to collect this tax through people's wages and payslips reveals the truth that this is just another tax on PAYE workers and ordinary citizens. There is an ideological objection within Fine Gael to the taxing of higher incomes and that is why I cannot support the Government. We have no common ground when it comes to our analysis. I respect the Minister's mandate and I accept that he acts with sincerity. However, the manner in which this tax is being introduced underlines the fact that he is profoundly wrong in his analysis of the economy and the future direction of our society. I will oppose this measure.

I would like to share time with Deputies Regina Doherty and Frank Feighan.

I welcome the opportunity to speak on this Bill. I welcome the intention to provide for a three-year exemption for residential properties affected by pyrite, many of which are in my constituency of Dublin North. While this represents yet another half-step towards rectifying the pyrite crisis, I am asking for more than half-steps. We need to make a bigger leap forward.

This amending Bill provides for a methodology for assessing residential properties and testing of subfloor hard core material to establish the presence of significant pyritic damage. When the Minister makes the relevant regulations, he will be required to have regard to the new standards published by the National Standards Authority of Ireland. I contend that these regulations are too restrictive for the purposes of allowing an exemption from the local property tax. The regulations mean that the only households which will qualify for exemptions will be those meeting the restrictive requirements of the red category from the Pyrite Panel report. I suggest it does not matter if a house is in the green, amber or red category - if it has any level of pyrite or is in a pyrite-affected estate, it is valueless in effect because it is impossible to sell. Some home owners paid for tests to prove the presence of pyrite before the new standards were published. They need a definite assurance in this legislation that their test results will be valid for the purposes of the exemption. The majority of home owners who are unable to afford these tests, because they just do not have the money, need some breathing space.

The Pyrite Resolution Board, which is just beginning its work, will administer a fund for pyritic remediation. I am lobbying for money from this fund to be set aside to help hard-pressed families to pay for testing, as well as being used for the remediation process itself. Many people know that the homes they own are affected by pyrite because its adverse effects are so obvious, but they cannot afford the thousands of euro needed to get tests done. If these home owners were given an exemption, it would give the Pyrite Resolution Board enough space to assist with testing costs. I believe that in almost all suspected cases, such testing would prove the presence of significant pyritic damage. We know from the work of the Pyrite Panel where these estates are. Any time the Minister is free, we can go for a drive to north County Dublin and visit the estates and individual homes affected. Nationally, the number of houses and estates affected is quite small.

As the Minister said, we are exceeding our budgetary targets as set by the troika. Due to his negotiating skills and those of his colleagues, we have given ourselves €1 billion worth of budgetary breathing space by renegotiating the promissory notes. We have enough space to relax the exemption requirements in a way that ensures all houses and estates affected by pyrite can avail of the exemption. The imposition of a time limit on the exemption would ensure everyone involved, especially the Pyrite Resolution Board, acts in an expedient manner to assist householders to rectify their homes. This is required at this time and is the fairest thing to do. I ask that the Bill be amended accordingly. I urge the Minister to put himself in the shoes of those whose homes are affected by pyrite. If he does so, he will introduce an amendment to the effect that all houses in non-remediated pyrite-affected housing estates will be exempt from the property tax. There is no market for such houses. They will have no value until they are remediated and certified as being pyrite-free. The legislation does not allow for self-valuation at zero level. There is general goodwill towards the Government's efforts to deal with the pyrite crisis. It can build on that goodwill by responding positively today. The lost revenue from such a response would be quite minuscule and would last for a limited period of time.

There are 15 minutes remaining in this slot.

I am sure Deputy Feighan will come along to save me.

Deputy Doherty does not need to hurry.

I will speak briefly about two aspects of this measure. The first matter I would like to raise, which I have highlighted previously but is not covered in the Bill, is the need to recognise that a large majority of people paid vast amounts of stamp duty over the last ten years. I appreciate from the correspondence I have had with the Minister that the expert report devised the property tax on the basis of ability to pay. I am being genuine and honest here. I am representing my constituents in the commuter belt districts of Meath East. I will mention the town I live in as an example.

About eight towns in south Meath are in the same position. The village I live in had 800 people living it in ten years ago. Today, it has 10,000 people. Ashbourne has 11,000, Dunboyne has 10,000 and Dunshaughlin has 8,000. All of those people moved in to the newly built houses in those towns and villages in the past five to ten years and paid serious amounts of stamp duty. Yes, they are in negative equity and might have the ability to just about pay the property tax but some recognition of the contribution they have already made to the State would go a long way in winning over the hearts and minds of those people regarding the merits of a property tax as a sustainable tax to fulfil and fund our local services on an ongoing basis. I ask the Minister to reconsider that.

Section 3 is the real reason I wanted to speak. I was gutted when I read it. The people we are representing come from five or six counties. When the Minister mentioned during the debate on the budget before Christmas that he would recognise, acknowledge and assist people facing the stress of living in a pyrite-damaged home or in an estate with known pyrite, it lifted a significant burden off those people. Coupled with the establishment of the Pyrite Resolution Board, all the hard work done by my late colleague, Shane McEntee, and the Minister was warming up to the nice package whereby people would genuinely be assisted by this Government. The restrictions in this Bill send out the wrong message and one that we do not want or are trying not to send. I am not blaming the Department of Finance. I think it stems from the terms and conditions devised in the Department of the Environment, Community and Local Government whereby those affected and who will be assisted by the Department were broken down into the categories of red, orange and green. The red category denoted significant pyrite damage. This has been brought forward and included in the wording of this Bill. All we are proposing to do is give a three-year deferral or exemption clause to those with significant pyrite damage as if they were the only people currently being addressed by the Pyrite Resolution Board. They fall into category two, which is fine and dandy, and most of them probably have their NSAI certifications and will be looked after with regard to the exemption in the property tax Bill. However, people in category one and those who have not yet been categorised are living with the same, if not greater, level of stress than those who have already been certified and are probably en route to being fast-tracked to remediation by the newly appointed Pyrite Resolution Board. I ask the Minister to consider broadening and amending this clause.

The total number of homes of people in categories one and two and those who are uncategorised has been estimated to be around 10,000. These people are living under significant amounts of stress. A family with whom I am in constant contact is in category one and, therefore, excluded from the current exemption. They have damage to their home. They put their two children to bed every night fearing that the gas pipes running through rather than around their home could shift and explode. Yet we have put them in the orange category because they do not have significant pyrite damage to their home. The damage to their mental health, physical well-being and family could not be quantified in money but the message we are sending out is not the message this Government is trying to deliver. We are desperately trying to deliver remediation to those 10,000 homes. I do not think the Minister for the Environment, Community and Local Government would have done what he did and the former Minister of State, Shane McEntee, would have worked as hard as he did for the past five years if we did not have the sincere will to help these people.

I ask the Minister to reword this provision. The people we are talking about are living in homes that are worthless. But for the fact that there is obviously a residual value on their homes from a banking perspective, these people would be paying zero stamp duty regardless of whether they had damage to their houses. I do not believe this Government believes the parents and children living in those homes are worthless. I sincerely ask the Minister to revise this provision and include those 10,000 houses that have been identified by the Department of the Environment, Community and Local Government in those eligible for an exemption under this Bill. It is only for three years in the worst case scenario and that number will decrease very quickly because of the speed of the Pyrite Resolution Board's work and the actions it will take in a very short space of time so those people should probably come back into the loop much sooner rather than later. I urge the Minister to have a look at this again and thank him for his consideration.

I call Deputy Higgins who is sharing time with Deputy Luke 'Ming' Flanagan. The Deputies have ten minutes each. Does Deputy Flanagan wish to go first?

I am happy with that. If one goes for a job in this country, one generally has to go for an interview. When one goes in for the interview, one is asked certain questions and one gets the job depending on how one answers the questions. If, subsequently, the employer discovers that one did not tell the truth, one will most likely lose one's job and possibly face criminal problems for not telling the truth to one's employer. Before the general election, jobs were up for grabs and interviews were held - we call them elections. In that interview process, one of the people looking for one of these positions - that of Taoiseach - told us in this interview that it was morally wrong to tax a person's home. Now that we have found out that he does not believe that anymore even though he got the job. Unfortunately, unlike other jobs, we cannot automatically get rid of him. The strange thing is that when the people who employed him and who are not happy at the fact that he misled them fight against it, they are the ones who are called criminals. It is strange the way the State can do what it wants and an individual basically gets a kicking.

When one turns on the Government's broadcasting unit - RTE - it introduces the item by saying "in other European countries, they have property tax" as if we had no form of property tax here. We have a form of property tax in the form of development fees, stamp duty, road opening licences and getting connected to a water supply. Over the past few weeks, my local authority has decided to up its game in respect of getting back payments of these development fees or "property tax" that apparently nobody is paying. A woman contacted me about this issue. When one adds up all she owes and has paid so far to Roscommon County Council, she will have to pay in total about €8,500 in development fees or "property tax" as one might like to call it. She must then listen to our, or the Government's, national broadcaster telling her that they pay property tax in other countries while we do not. What is the €8,500 about? Over a 40 year period, that adds up to €200 per year. At the same time, this person is being told that she is not paying a property tax. Well if it is not a property tax, what is it? The first thing the Government needs to do is to be truthful with people and not tell them the reason this tax is coming in is because every country has a property tax and we do not. We already have a property tax. To make it worse, these people must borrow this money and the amount is bigger still. It will work out at about €300 per year over 40 years. Still this person is being told that she is not really paying a property tax. What is it? It is a property tax.

There has been much focus, and rightfully so, on people's ability to pay and the fairness of this. It is quite clear that even if people want to pay it, a very significant part of the population cannot pay it.

People are not going to be able to be given waivers. From that point of view, for the first time in my life, I will agree with Fianna Fáil that this is the wrong tax at the wrong time, although it the one which thought it up originally.

There is a bigger problem with this tax and any other tax to an unaccountable local authority system. I know I will be told the Government plans to reform that system. However, the reform will make it less accountable. If a person purchases a product in a shop and that product is covered in mould or rust or faulty, that person can go back and get value for money. However, if a person is paying money into the local authority system and not happy with the service provided, it is a case of, "Tough." There is nothing anyone can do about it. County councillors have no power. In fact, if they try to hold county councils to account, they will receive the treatment I received - the council will withdraw facilities for recreation in spite. On the notion that one could hold the local authority to account, I tried to hold the county council accountable to the point where in the end if people came to me with queries about planning permission, I had to tell them not to come to me because it was one way of being refused planning permission.

We are now being asked to pour more money into this system. I have said it before and will repeat it now that it is a case of pouring more water into a bucket with a hole in it; the first thing to do before putting more water into a bucket with a hole in it is to fix the bucket. There appears to be no plan to do this. In fact, I got a flavour of what Government Deputies really though of local government reform and wanted to see happen. A Government Deputy said in the House that it was all very well saying power would be devolved to local authorities but that would leave Deputies with very little power. This shows how the Government has missed the point about the importance of local democracy and local decision-making. It shows that the important consideration for the Government when it comes to governance is having control over absolutely everything and not giving control to local communities in order that they could actually develop their local places. Everything is run from Dublin, which adds up to more waste. If the Government wants this system to work, it will have to do something about it. I cannot see why people should have to put money into something over which they have no say. In many cases, in my experience the local authority treats people with contempt and it does so because it knows no one seems to be able to hold it to account.

The Government plans to pour more money into this system and the arguments have been made to it. It knows that in many cases people cannot afford to pay, but it is persisting. I refer to the credit union study of disposable income which the Government thinks is a work of fiction. It seems that it believes people can actually afford to pay. I suggest members of the Government should examine it for themselves and provide us with concrete proof that the figures from the Irish League of Credit Unions are not correct because no one seems to be able to disprove them. It must be concluded that people cannot afford to pay this tax.

The Government plans to publish a suicide strategy. The one point it seems to miss on the issue of suicide is that one of the biggest contributory factors is stress resulting from economic problems. In imposing this tax - this is only the thin end of the wedge because it will be increased - it will create further stress and more problems. People will be forced to decide between paying the mortgage, the household tax or the water tax and another tax is on the way. I do not know what it will be called - the underpants tax, the glove tax or the television tax - which people will not be able to pay, even though most of us prefer to pay our bills. The Government is putting them in a position where they will be unable to pay. Purely on the basis of ability to pay, it will have to scrap this tax. Most of all, on the basis that there is no accountability in the system, that is a good enough reason to vote against it.

The Finance (Local Property Tax)(Amendment) Bill in no way ameliorates the property tax demanded. The property tax is an odious tax. It is a reprehensible new attack on the living standards of ordinary people, workers, pensioners and persons who are unemployed. It is also a bailout tax, a bankers' tax and a bondholders' tax. It is part of the tribute exacted from the people to bail out the European financial system, the banks, the speculators and the developers, following the disastrous crash in the financial markets for a period and in the Irish property bubble. This property tax is driven by international capitalist forces represented by the troika. The people are its victims, but an Irish Government is its agent. That is the reality. The people have no alternative except to resist, flat out, the imposition of this tax through mass resistance, worker and people power. They cannot look to the majority forces in Dáil Éireann for redress. There is massive opposition in society to the this tax.

The people cannot look to Fine Gael or the Labour Party for justice with regard to this measure because both parties have flagrantly done an about-turn on what they said to the people before the general election in 2011. In its manifesto the Labour Party stated it would be necessary to introduce a site value tax, which is different from a tax on the value of an individual's or the family home. It further stated it would be necessary to devise a fair basis for such a charge to take account of the value of property in different regions and those who had recently paid large sums in stamp duty or were in negative equity. Where is any of this reflected in a meaningful way in the Bill to implement the property tax? Fine Gael went one better in its manifesto. It declared that Fianna Fáil's proposal - now endorsed by the Labour Party - to introduce by 2014 an annual recurring residential property tax on the family home was unfair. Both parties have utterly and completely dishonoured what they stated to the people in the course of the general election campaign.

This tax has no democratic legitimacy.

That is the reality of the situation. This tax is being introduced at the same time that the proposals arising out of the so-called Croke Park II agreement have emerged. It is interesting that the imposition of the property tax and the full-frontal assault on low and middle income public sector workers are intermeshing with each other. Of course, there is an intimate link between the two. The Minister had the neck to repeat the old canard to the effect that the property tax is needed because the Government cannot put another tax on work. It is as if the workers on whom the property tax is being imposed have some hidden source of income or have secreted pots of gold under their houses into which they can dip in order to pay the tax. The lie is given to this propaganda by the legislation, which gives draconian powers to the Revenue to instruct employers to deduct the tax from workers' incomes. In other words, the method used to deduct actual income tax will also be used in this instance. Public and private sector workers will both have their incomes attacked in this way. At the same time, another and new attack will be made on public sector workers through the savage impositions and cuts contained in the so-called Croke Park proposals. I salute the trade unions which are resisting those proposals. Those trade union leaders who are supporting them are betraying workers.

When Revenue demands begin to be issued a few weeks from now, there will be a massive movement of resistance. This movement will comprise working class people, middle income earners, the unemployed and pensioners. As a result of the fact that citizens have no recourse to or no hope of any justice in Dáil Éireann, their most powerful weapon will be downright refusal to register for the property tax and to boycott the Revenue demands to which I refer in large numbers. People will be absolutely justified in doing that because it is the most effective way for them to try to force the Government to abolish this tax and to remove the burden it imposes. Half of those who own only one home continue to boycott the household tax introduced last year. The most effective way to proceed in this instance is, therefore, to engage in another mass boycott and for people to bring their case to the attention of Government Ministers and Deputies at their clinics and at public meetings. There must be a mass mobilisation and a demonstration of people power. In addition, citizens must carry their opposition and resistance forward. If Revenue dares to deduct the property tax from peoples' wages or social welfare payments, such a move must be met with massive resistance and opposition and by industrial action on the part of the workers who will be affected. What is being done must be fought in every way possible.

It is clear that there is a need for ordinary people to begin to put in place political representation for themselves. This will ensure that they will be properly represented and will no longer be told the kind of lies that were uttered during the course of the most recent general election campaign. People have been left at the mercy Fine Gael and Labour and their false promises. I strongly advocate that the anti-home tax movement and the anti-austerity campaigns throughout the country immediately begin putting in place a national slate of hundreds of candidates to run in the local and European elections to be held in June of next year.

Those to whom I refer should declare that in every constituency and local authority area the parties which are imposing the property tax will be faced with political candidates representing the mass movement of opposition to said tax, to the bank bailout and to the disastrous austerity agenda that is ruining our society in order to bail out bondholders and the European financial market system. In that way, in the coming six, 12 or 18 months - however long it takes - we will see an unprecedented movement of mass opposition among workers and other people to this fundamentally unjust measure of a scale which has never before been witnessed in Irish society. One would be obliged to go back to the campaign run by small farmers against land annuities in the 1920s to find a possible parallel with the resistance which is already apparent and which will continue to emerge in the coming months. The aim of that resistance is to secure the abolition of this odious imposition on a people that can bear no further burdens in the interests of bailing out the European and Irish financial market systems.

I welcome the opportunity to speak on the Financial (Local Property Tax) (Amendment) Bill 2013. I have listened to the contributions of Deputies on all sides to a debate which has travelled into many areas. It began with a focus on first principles, namely, why we are dealing with legislation relating to a local property tax by means of which we are aiming to raise approximately €500 million in a full year in order to fill a hole in the collapsed revenues of the State and to the creation of what will hopefully be a fair and balanced framework that will be used to charge people for the services they use in their areas, be they urban or rural, in the future. However, the country is in a very damaged state. I will not get into the blame game here because I do not carry political baggage. I am lucky in that regard. I am not in the business of throwing accusations backwards and forwards or of laying blame.

In this period of readjustment, we must correct the country's overall finances by reducing the deficit from €15 billion to €12 billion, of which €8 billion or €9 billion is interest on borrowings to date. In doing so we must realise that huge pain has already been experienced and that families are hurting. Previous speakers referred to suicide. Even young children are dying as a result of suicide, not because of things which appear on Facebook or whatever but because in their homes there has been an accumulation of four to five years' worth of stress and worry. Families are falling apart, they are unable to pay their bills, the banks are holding a sword of Damocles over their heads in the context of threatening to repossess their homes and their gas and electricity supplies are being turned off. If one said "Boo" to a teenager in the current climate, the likelihood is that, because his or her confidence is so damaged, he or she could do something sudden and destructive. We do not need to bring in psychiatrists or psychologists to investigate the causes to which I refer. If we are honest, the evidence is already there.

We must make a massive readjustment in order to bring back into being the revenues that must be justly and fairly earned in order to pay for public services. We must then stabilise those revenues and replenish them year by year. In addition, we must become more efficient in terms of the delivery of services by cutting costs in a reasonable way and by striking a balance.

I always like to make a recommendation, and I recommend Daniel Kahneman's book Thinking, Fast and Slow. We have got into the habit of thinking too fast in modern times, particularly in recent times, and we fall prey to illusions and impressions. We make our budgets and cut our cloth based on knee-jerk reactions. There is a lack of depth and rational thinking and no sense of scoping out what is sustainable, what makes sense and what has an engineering structure to it. We sometimes opt for lightweight architecture or impressions and packaging.

We should go back to first principles. We need to raise €0.5 billion or €1.5 billion to contribute to correcting the budget deficit of €3.5 billion this year. We know that revenues for the State will come from incomes, whether they be corporate or personal incomes. We must then ask, in this period of readjustment or national recovery, what is fair and to whom we should look. Do we look to the large numbers of people who are weighed down, unfit, depleted and too exhausted to carry on their work to take more exhaustion, or do we look to the stronger people who are temporarily toned and strong and can carry the extra load? To me, it makes sense to look to them, but we must explain to them the reason we are doing it. We should tell them we are doing it for three years, and that we would like them to step up to the mark with their stronger resources.

To give an example of why they are stronger, the exports surge of the past four or five years has led to revenues for the companies engaging in that exporting. Costs must be subtracted from revenues, but costs during the past four or five years have fallen as a result of efficiencies. There has been a surge in the profits or the surplus income of these companies. I do not care whether they come from home or abroad, but it would be reasonable for them to bear that readjustment for the national economy. We could ask those stronger people to take the honour of bearing a bit of extra load - say, a 2.5% levy on corporate profits. The Minister is familiar with this, and he is being patient as I speak, but 2.5% on corporate profits per year would yield approximately €650 million; the Department has told us that. If the high-income earners - I am not talking about those earning €100,000 but those earning €120,000 and over - were to take a levy of 4% not on their marginal incomes but on their full incomes, that would yield another €0.5 billion. If we threw into the mix a betting tax on everything that is gambled, whether it is online, on racecourses, in international poker clubs or whatever-----

-----that might raise another €0.25 billion. That is a lot of money, and everybody would understand that three-year national recovery effort. It would be easy because all the systems of collection are in place for those levies. We would not have to give anybody extra powers or tell tales on anybody else; it is all in place. The only thing that is missing is telling the story, setting it out and explaining it.

Deputy Cowen will remember that there was a supplementary budget in April 2009, when the NAMA construct was introduced as a model. It was followed in July, and later on 16 September, with the details, as per the PricewaterhouseCoopers report, of what loans would go from what banks, but the idea came up in the supplementary budget of 2009.

Here is a dangerous thought. We have heard very good contributions in this debate from both sides, and there is an underlying effort to try to be fair - that is the purpose of the amendments - but after some deep thinking we should take a bigger step, within a three-year time horizon, and say-----

I am sorry to interrupt the Deputy but I will be calling the Minister at 3.15 p.m. There are ten minutes remaining.

Am I sharing with anybody?

Would it be possible for the Deputy to give five minutes to Deputy Ó Snodaigh?

Yes.

If we were able to do that, could we dare to be courageous and bring in a supplementary budget that would park the property tax and bring in three other strands of revenue creation along the lines I have suggested for the three-year national recovery programme? It is a daring thought-----

I would vote for it.

-----but it could be worth it. We want to have revenues that are fair and not regressive. VAT would be regressive. Revenues must be stable. Deputy Mick Wallace eloquently pointed out that the collapse of the property market meant that 60% of all turnover in the property market disappeared in VAT, income taxes, stamp duty and so on. Sixty cent of every euro from the sale of a house, when 100,000 a year were being sold, vanished. That is the hole in the bucket about which Deputy Flanagan spoke. We must take these clear, non-complex, fair and stable actions. It is a suggestion. I will hand over to Deputy Ó Snodaigh.

Go raibh maith agat, a Theachta Mathews. It is regrettable that we have so little time to speak on this Bill. Having listened to the debate over the past few hours, I found it interesting to hear the number of Government backbenchers who criticised the legislation and, like Deputy Mathews, made interesting alternative proposals. Even at this late stage the suggestion should be to scrap this Bill and examine alternatives. Sinn Féin has put forward alternatives which would partly involve a tax on properties worth over €750,000 or €1 million if they are viewed as assets. It would be a tax based on wealth. We must consider the fact that the vast majority of rich people in our society have moved their wealth out of property and into other types of asset. We need to move, as other countries have done, to tax wealth, not property, but we must also take account of people's ability to pay, and there is nothing in this Bill that takes account of that. There are 1.8 million people who have only €100 at the end of the month, and that is being eaten into all the time because it does not take account of the changes in the budget this year, the property tax the Minister hopes to impose, water charges, or the changes that will hit not only the 180,000 mortgage holders in distress but those who will be affected by the increase in interest rates. The effect of all of that, particularly for those who are on the breadline and struggling to make ends meet, and especially for local businesses, is that the money will not be there. It is a regressive tax because the Minister is taking money out of the local economy. The Minister might counter that argument by saying this measure will ensure that local government will have the money to provide services, but because the amount of money from the Central Fund that goes to local authorities has been decreasing - and will continue to decrease, because the Minister will use this measure as a justification, saying they have another pot of money - all of that money will not be circulated in the local economy. It will not be used as an addition to money available to the local authority to invest in housing. The local authorities are struggling to deliver services because of the reductions in transfers, not only from the Minister's Government but from previous Governments.

The Minister has an opportunity to re-examine this measure. Molaim don Aire tarraingt siar ag an staid seo. Tá sé i gceist aige mionleasuithe a dhéanamh ar an mBille, ach ní dhéanfaidh siad déileáil leis an bpríomhfhadhb atá sa reachtaíocht seo. Níl an cháin seo cothrom agus ba chóir fáil réidh leis. Caithfear bheith cinnte i gcónaí go bhfuil cáin cothrom. Measaim gurb é an t-aon bhealach chun déileáil le seo ná cáin a chur ar shealúchas agus ar mhaoin. Tá sé sin curtha chun cinn i ngach ceann de na roghanna cáinaisnéiseacha atá foilsithe agus curtha faoi bhráid an Rialtais againn le blianta anuas, agus muid ag díriú isteach ar conas is féidir cáin a ghearradh i gceart ar an bpota mór sealúchais atá ann i sochaí na hÉireann.

Ba cheart go mbeimid in ann díriú ar na fadhbanna atá acu siúd nach bhfuil in ann a gcuid morgáistí a íoc nó bia a chur ar an mbord agus féachaint conas is féidir linn cuidiú leo ionas nach mbeidh siad i gcruachás as seo amach. Ní dhéanfaidh an reachtaíocht seo ach cur leis an gcruachás lena bhfuil a lán teaghlach sa tír seo ag déileáil, ach go háirithe tar éis na cinntí a ghlacadh i gcomhthéacs na gcomhráite ar síneadh comhaontú Páirc an Chrócaigh. Impím ar an Aire, fiú ag an staid seo, tarraingt siar ón gcur chuige seo. Níor chruthaigh an Rialtas an bosca atá timpeall orthu. The Government did not create the box but it adopted the one created for it by Fianna Fáil. It has confined itself to that austerity box but it needs to think outside it and look at imaginative solutions. If it continues to go back to the well of the ordinary workers, it will find it is dry, and this will have a negative impact on local economies and on the national economy, as is the case already. However, there is another well that is not being tapped in the proper way. That is the wealth I mentioned which is held in shares, despite the collapse in the value of many shares, in assets, such as gold and paintings, and in some property, which might be tackled here.

This tax will target those on modest incomes. Some people have homes that will be valued over and above their incomes, because they may have inherited them, and they may have no ability to pay. I refer to pensioners and the like. It will also be a double whammy for people who paid huge amounts in stamp duty, particularly those who bought houses after 2000. They were forced to do so because there was never proper regulation of the rental market or proper regulation to ensure similar leases and similar rental systems, as in the rest of Europe. There was under-investment in local authority housing over many years. In many cases, people had to get in over their heads just to put a roof over their heads. This Government and previous Governments benefited from encouraging those people to buy houses for amounts well beyond their means. The banks were guilty of giving mortgages, but that has never been addressed. Those people are struggling, having paid a fortune in taxes, and now the Government is threatening to impose a tax on them.

Some aspects of the legislation are even more draconian. It is suggested that the Revenue Commissioners will be able to make illegal raids on people's bank accounts to recover this tax. That is not even done when companies owe the Revenue Commissioners money. A different approach is taken to ordinary workers and those who are struggling compared to the approach taken to companies that are struggling. The taxes they owe the State are written down and their bank accounts are not raided. I have no problem ensuring people disclose their incomes and what they have in the bank to the Revenue Commissioners but the suggestion is that this can be taken from their bank accounts.

The same goes for people in receipt of social welfare. We passed social welfare legislation which will allow the Department to take up to €27 per week from the basic rate of social welfare if somebody is in arrears or receives an overpayment because of an error on the part of the Department itself. The Minister is suggesting more money can be taken out of that pot without taking into account a person's ability to pay. There is nothing in this legislation which takes account of people's ability to pay, and that is its most fundamental flaw. I urge the Minister to withdraw it, to go back to the drawing board, as has been suggested by others, and to look at the imaginative proposals that would raise the same amount or more in taxes and that would not be a regressive tax in the Irish economy.

The local property tax will deliver significant structural reform through broadening the base for taxation in a manner that does not directly affect employment, and will thereby contribute significantly to meeting the immediate financial requirement of the EU-IMF programme. It will provide a stable funding base for the local authority sector, incorporating appropriate elements of local authority responsibility. It will strongly reinforce local democratic decision-making and will encourage greater efficiency by local authorities on behalf of their electorates.

I thank Deputies who took part in this debate and would like to reply to some of the points raised. Deputies Michael McGrath and Catherine Murphy gave the impression that the amendments in this Bill are a consequence of rushed legislation before Christmas. This is incorrect. It was essential to pass the original Act before Christmas to give appropriate powers and certainty to the Revenue Commissioners to implement the local property tax. The amendments before us arise mainly from commitments I gave during the passage of the previous legislation. There are also a number of technical amendments, which I outlined in my opening speech.

Deputy Regina Doherty said the House only got to consider one amendment on Committee Stage of the earlier legislation. Considerable time was given to Committee Stage on the floor of this House but Members of the Opposition used the occasion for a re-run of Second Stage, to the extent that there was insufficient time to deal properly with Committee Stage, and I was not given an opportunity to respond to the issues raised.

Deputy Ross suggested there would be social disruption if this tax was imposed on an asset from which one could not extract liquidity. There are property taxes in many other countries without a noticeable impact on social cohesion. Many Deputies objecting to this legislation have properties abroad for which they quite willingly sign cheques to pay the property tax to the Spanish or French authorities. There is a level of hypocrisy here which can be quite astounding at times.

The tax applies to the current value of a property and not what was paid for it, which is particularly relevant to houses that were bought in recent years.

Various comments were made in regard to the exemptions for special accommodation. I thank the Deputies who made these comments and the points with regard to the disabled and I thank Deputy Ross for his recognition of these and other amendments. Section 7 provides that properties of approved housing bodies will be exempt where the properties in question are used to accommodate people with special housing needs. "Special needs accommodation" is defined as accommodation provided to persons who by reason of "old age, physical or mental disability or other cause require special accommodation and support to enable them to live in the community" - that is, a particular need in addition to a general housing need.

The Minister of State at the Department of the Environment, Community and Local Government, Deputy Jan O'Sullivan, recently launched the Government's homelessness policy statement. This is an issue of real priority for Government and puts a housing-led approach at the heart of policy in this area. Notwithstanding that there is no specific reference to it in the Act, a range of support services associated with accommodation for the homeless are provided. An exemption will apply to those categories. A pragmatic and reasonable approach will be taken by the Revenue Commissioners in assessing applications for exemption in this regard.

To avail of an exemption, a housing association must operate as a charity and must have a general tax exemption granted to it by the Revenue Commissioners. The Revenue Commissioners are currently developing guidelines to clarify what constitutes special housing needs and support in order to assist housing associations and other social housing providers in determining whether their properties are exempt from the charge to local property tax. The Revenue Commissioners have sought and received input from representatives of housing associations in connection with the development of the guidelines and are actively engaging with the Irish Council for Social Housing, Focus Ireland and other charitable bodies in regard to this.

Deputy Paschal Donohoe referred to flooding. There is no specific exemption from local property tax for the flooding cases outlined by the Deputy. I am aware of many cases where properties are affected by flooding and have also heard anecdotally of instances where, reportedly, insurance companies have refused cover to entire townlands where claims had previously been made in respect of flooding, even for homes that have never flooded. As the local property tax is a self-assessment tax, it will be a matter for the property owner to calculate the tax due based on his or her assessment of the market value of the property. The impact of serious and regular flooding on a property would be one of the factors a property owner would and should take into account in valuing his or her property. In addition, one of the advantages of the banding system of values provided for in the legislation is to remove the need for precision in the market value, except for properties worth over €1 million. The Revenue Commissioners are preparing valuation guidance and developing a guide to assist liable persons in assessing the value of their property which will take account of location. Where these guidelines are used honestly, together with a liable person's own knowledge of his or her property, the property valuation will not be challenged by the Revenue Commissioners in accordance with its normal customer service charter.

Deputy Olivia Mitchell referred to the urban-rural issue. The Thornhill group was tasked to consider the design of a property tax that would be equitable, informed by previous work and international experience and which should ensure the maximum degree of fairness between and across both urban and rural areas. In designing the tax the Thornhill group was guided by the principles of simplicity, transparency, equity and efficiency, among others. It considered various options for use as a basis of assessment, including floor area. However, it agreed with the Commission on Taxation and recommended that market value of residential properties be the basis of assessment for the tax. Full market value is a tried and tested basis of assessment that is internationally accepted.

Market values of residential properties vary considerably throughout the country. This would lead to a variation in the amount of local property tax chargeable to residential properties of similar size and quality. However, the market value of a residential property is related to the characteristics of the building, the site on which it is located and the characteristics and amenities of the neighbourhood. There will be a relationship between the market value of a house and benefits to the owner in terms of enjoyment of the amenity value of the property. Taxable values based on market valuations would generally be higher in urban areas as compared to rural areas. This is equitable to the extent that the market value provides a measure of the value of a residential property to the owner, particularly in terms of its proximity to places of work, local amenities and facilities, including transport infrastructure. The benefits of these services and functions accrue to all members of society.

While the national central tax rate for the first 18 months up to 31 December 2014 will be 0.18% up to €1 million in value and 0.25% on any excess value over €1 million, from 1 January 2015 local authorities will have discretion to vary the rate by 15% above or below the national central rate. When this comes into effect, it could be used to address variations in value throughout the country. Contrary to comments by Deputy Catherine Murphy, the intention is that in 2013, 65% of the receipts from local property tax will be spent in the local authorities where they are collected. This will increase to approximately 80% in subsequent years.

Deputy James Bannon mentioned the position on heritage properties. While there is no exemption or reduction from local property tax for such properties, there are income tax concessions for the owners of heritage properties, as I am sure the Deputy is well aware.

Deputy Michael McGrath asked about unfinished housing estates. The list of such estates to be prescribed for purposes of a waiver from local property tax is being prepared. It is being compiled by local authorities and will use the categorisation in place in respect of the household charge, updated by reference to the national housing survey 2012. The Department of the Environment, Community and Local Government will collate the data from local authorities in the coming weeks. My colleague, the Minister for the Environment, Community and Local Government, will then prescribe and publish the list of qualifying estates. Given that the Revenue Commissioners plan to issue a national communication on the local property tax in mid-March, the Minister for the Environment, Community and Local Government intends to have the list compiled and published by that date. Under the Finance (Local Property Tax) Bill, an unfinished housing estate will remain exempt during the first valuation period, unless it is completely finished. The idea that a partially completed estate which was excluded from the household charge will be included is not the basis on which the list is being compiled.

There were a number of comments on ability to pay and the Bill was criticised on that principle. Deputy Michael McGrath pursued this issue very strongly and said he would table amendments on Committee Stage. In recommending an income level of €25,000 for joint and co-owners, spouses, civil partners and cohabitees within the meaning of the 2010 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 the Thornhill group had regard to the analysis it had commissioned from the ESRI at the beginning of its work. An income level of €25,000 for joint and co-owners, spouses and so forth is recommended in order to enable most households in the lowest 40% of income levels to have the option of deferral. This is considered appropriate, having regard to the findings of the ESRI study.

Deputies will be aware that the figures of €12,000 for a single person and €25,000 for a couple are pitched significantly above the contributory old age pension, probably the highest social welfare payment made to individuals or couples. Consequently, the capacity to defer is available to persons whose sole income is from welfare payments. In addition, those with impaired mortgages can add on 80% of the interest that they would pay. A couple paying €100,000 in interest, for example, will be able to allow for 80% of that figure on top of the exemptions already provided for.

Deputy Brian Stanley referred to the issue of poverty proofing. Where deductions at source are being used in regard to social welfare entitlements, the Department of Social Protection will not make deductions which would reduce income below the equivalent of the social welfare allowance. Therefore, even though there is the power to attach to social welfare payments, there is a saver in that the Department cannot deduct what would bring it below the equivalent of the social welfare allowance.

A number of Deputies raised the pyrite issue. Section 3 of the Bill provides for an exemption for a temporary period of at least three years for residential properties that have been affected by pyrite. The Minister for the Environment, Community and Local Government will make regulations to stipulate how residential properties are to be tested to establish if a property is so affected. Where suitable tests have already been carried out by homeowners, certification of these tests, together with certification from a geologist or engineer of damage, are likely to be acceptable together in respect of qualification for an exemption. My intention is to exempt any house that has incurred significant damage as a result of pyrite to the degree that the property is valueless. That is the situation in the case of many of them. I am prepared to discuss with Deputies on Committee Stage how we can simplify that process to ensure significant cost is not imposed on householders who are trying to claim that their house has no market value as a result of pyrite problems. It is self-assessment based on market value. If a house no longer has a market value, there is no liability for the tax.

I thank the Deputies who have made considered and useful contributions to the debate. I will consider some of the points and suggestions made between now and Committee Stage. I look forward to a fruitful Committee Stage debate next week.

Question put.

The division is postponed until immediately following the Order of Business on Tuesday next, 5 March 2013, in accordance with the order of the Dáil of Thursday, 28 February 2013.

The Dáil adjourned at 3.30 p.m. until 2 p.m. on Tuesday, 5 March 2013.
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