Dáil Éireann Debate, Wednesday - 18 April 2012
849 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the total amount of money spent on advertising in promoting the household charge; if he will provide a detailed breakdown of same; and for a breakdown of the moneys spent on advertising in relation to the household charge in each month since the charge first came into effect. [18452/12]
View answer856 Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government if he will provide a breakdown of the costs of the production, printing and distribution of the leaflet distributed to homes this week to remind persons to pay the household charge; and if he will make a statement on the matter. [18539/12]
View answer859 Deputy Joe Higgins asked the Minister for the Environment, Community and Local Government the amount spent on advertising and on administration of the new household tax. [18557/12]
View answerI propose to take Questions Nos. 849, 856 and 859 together.
The Local Government Management Agency (LGMA) is administering the household charge system on a shared service/agency basis for all county and city councils. The costs arising, including those in relation to advertising, printing and distribution are a matter for the LGMA and the county and city councils.
850 Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if he will respond to a query raised in correspondence in regard to the operation of the household charge (details supplied). [18466/12]
View answerThe Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge.
Section 2 of the Act sets out the meaning of "residential property" for the purposes of the Act. In particular, section 2(2)(d) of the Act provides that a building that is wholly used as a dwelling (other than a dwelling that forms part of a mixed hereditament within the meaning of the Local Government (Financial Provisions) Act 1978), and in respect of which local authority rates are payable, is not a residential property for the purposes of the household charge.
While I cannot provide a legal interpretation of the legislation, where there is a commercial premises on the ground floor and a residential property above it, and rates payable on the structure relate to the ground floor with the upper residential section benefitting from a rates allowance, that upper residential section is liable for the household charge under the 2011 Act.
The Act places the household charge under the care and management of the local authorities and application in particular circumstances is a matter for the relevant local authority. The household charge is on a self assessment basis, and interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.
