JOINT COMMITTEE ON THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT díospóireacht -
Tuesday, 3 Nov 2009

Business of Joint Committee.

Chairman

Apologies have been received from Senator Paudie Coffey. The minutes of the meeting of 28 October have been circulated. Are they agreed? Agreed.

The next item is correspondence. The first item is No. 616, which has been held over from previous meetings. It concerns correspondence from the Civil Engineering Contractors Association and the Construction Industry Federation regarding access for small and medium enterprises to public contracts. There is a policy statement from the Civil Engineering Contractors Association and a covering letter from the CIF. It follows an article in one of the Sunday newspapers which stated that the Department of Finance had advised both organisations on new EU remedies. We will note the correspondence and reply to the organisations concerned, referring them to a recently published directive and related regulations being drafted by the Department to address their concerns.

No. 639 is a letter from the Joint Committee on European Scrutiny in reply to queries from this committee. Deputy Hogan raised the issue so we will hold it over until a subsequent meeting at which he is present. No. 640 is a letter from the Department of the Environment, Heritage and Local Government in reply to queries raised by this committee regarding the recruitment of polling station staff. Does Deputy Christy O'Sullivan wish to comment? The letter does not add much to what he knows already. Will we note it and move on?

Deputy Christy O’Sullivan

Yes.

Chairman

The next item is a newsletter from Europe's World, which is noted. The next is follow-up information after our meeting with the Private Residential Tenancies Board. Queries were made by Deputies Ciarán Lynch and Eamon Scanlon on adjudication and rent-to-buy schemes. Have members had an opportunity to look at this item of correspondence? We will hold it over until the next meeting so that members can consider a response — Deputy Scanlon has left the meeting.

No. 645 concerns the proposed cuts and policy developments that could impact on the community sector and community work. Essentially, it is a pre-budget submission so we referred it to the Joint Committee on Finance and the Public Service last week. The next item is a newsletter on environmental issues from GLOBE International, which is noted. The next is on registration fees in the qualification process for architects. The Royal Institute of Architects in Ireland has replied to an inquiry from this committee but we are awaiting two more replies so we will hold it over until we receive them.

No. 648 concerning prohibitions on turf cutting is a request from Deputy Eamon Scanlon for the committee to meet the turf-cutters' representative group. We have agreed to do that and will set a date as soon as possible, probably at the beginning of December.

Deputy James Bannon

Two people from Westmeath are anxious to attend that meeting.

Chairman

We will make a note of that. Other names have been given to us by Deputy Scanlon and Senator Glynn. The next item is newsletter No. 77 from the European Water Partnership, which is noted. The next is a letter from the ICMSA on the nitrates directive, following our meeting on the directive with the Department of the Environment, Heritage and Local Government, the Environmental Protection Agency, the IFA and the Department of Agriculture, Fisheries and Food. It requests that the ICMSA be involved in any future committee deliberations or meetings on the directive. I suggest we note the correspondence. I have a letter stating that the Department of the Environment, Heritage and Local Government is to hold public consultations in the near future on the nitrates programme. We will send a copy to the ICMSA and write to the Department requesting that the ICMSA be consulted as part of the process.

Deputy James Bannon

The Ministers for the Environment, Heritage and Local Government and Agriculture, Fisheries and Food extended the deadline.

Chairman

Not for slurry spreading. However, they extended it for green cover.

Deputy Johnny Brady

It applied to tillage areas.

Chairman

It was extended for ploughing but not for spreading slurry. The extra fortnight at the end of October was not allowed, despite the fact that several representations were made to the Minister.

Deputy Johnny Brady

The EU would not agree to it because last year we used the spell of heavy wet weather. This year there were six or eight weeks of very dry weather so the European Commission did not allow it. It was suitable weather for leaving cattle out to graze.

Deputy James Bannon

It is very hard to get across to the Department or the EU that one cannot farm by the calendar.

Chairman

We have said that before and that was the purpose of the meeting about the nitrates directive. The IFA said there should be a period——

Deputy James Bannon

Common sense should prevail.

Chairman

There is a close-down period in every EU country but the IFA felt there should be more flexibility on the dates. A review of the policy is being carried out. We recommend that the IFA and the ICMSA be part of the review process. The officials from the Department held firmly to their view, in fairness to them.

Deputy James Bannon

The same cap does not fit every country in Europe.

Chairman

There are different close-down periods for different countries.

Deputy James Bannon

This country has more rainfall than most, which is never taken fully into consideration.

Chairman

We have a longer growing season and milder weather.

Deputy Johnny Brady

Can we make a submission to the Department?

Chairman

Yes. If any member wants to put together a few points we can approve a letter from the committee to the Department. We had a useful discussion at the last meeting.

Deputy Johnny Brady

Unfortunately, as there is a British-Irish Parliamentary Assembly meeting on that day, I will be unable to attend.

Deputy Christy O’Sullivan

I suggest the officials who came before the committee be sent to the forecasting section of Met Éireann. They seem to be able to predict the weather.

Chairman

They could be better employed in Met Éireann. If members wish to put forward proposals we will consider them and make a submission.

The next item concerns circulars which have been issued. Circular WP 09-09 is on waste enforcement staffing, classification of waste recovery or disposal re construction and demolition waste deposited at local authority permitted sites. The next circular is SHIP 2009/04: Social Housing Investment Programme 2009 — end-of-year recoupment arrangements. The next circular is S.5/2009, Local Government Superannuation Scheme — annual report for 2008.

The next item is a statutory instrument 55/2009, European Communities (Quality of Shellfish Waters) (Amendment) Regulations 2009. The concludes correspondence for today's meeting.

Deputy Eamon Scanlon sent me an e-mail which is not included on the schedule. He asked that we invite officials to appear before the committee to discuss the new non-principal private residence tax, that is the €200 which is generating a good deal of funds and appears to be working well. However, it appears there are anomalies in regard to how it operates in local authorities. If Deputy Scanlon is agreeable we will discuss the correspondence, which I forgot to bring to the meeting, which is a straightforward request to do that. Does Deputy Scanlon wish to comment?

Deputy Eamon Scanlon

There are anomalies in that measure and it is important that we get answers because I cannot get them anywhere. I want somebody to appear before the committee who will answer these questions.

Deputy Christy O’Sullivan

While the measure may be generating a good deal of revenue it penalises many people who are involved in the tourism business. Many of these second houses are part of their income. From that point of view there is something wrong and the issue must be looked at. I have no problem with a person who has a second house for his or her own use. If a person has a second house, such as small farmers in west Cork, where I come from, and are involved in tourism that is part of their business. If somebody from England or Europe takes that house for two weeks, a considerable amount of money is generated in the area. Rather than take money off those people we should support them to keep the house. It is an issue we must discuss here and I look forward to that discussion.

Chairman

Very good.

Deputy James Bannon

I had a query from a young lady who owns only one house and is liable for the tax of €200. For the winter months she has decided to stay in Dublin where she works. Her house is in County Longford. She lives in rented accommodation in Dublin for which she pays €400 per month. That she is liable for the tax is grossly unfair. That is an anomaly that needs to be dealt with.

Chairman

That is true if one does not live in one's residence.

Deputy James Bannon

It is contradictory. There was misinformation in regard to the——

Chairman

People got the impression that this was a second home tax.

Deputy James Bannon

Yes.

Chairman

One can be caught for tax on one's only house if one does not live in it. If an elderly lady lives with her son and has a house somewhere she is liable to tax.

Deputy James Bannon

For convenience, in winter, due to slippery roads, people do not like travelling to and from the city. It discriminates against rural people. This is an issue we want addressed.

Chairman

That is a fair point.

Deputy Ciarán Lynch

I recall the day the legislation was put through the House because I ended up in Deputy Gilmore's seat for a section of it.

Chairman

The Deputy was speechless that day but he is not speechless now.

Deputy Ciarán Lynch

The point I was making was that all Stages of that Bill were taken at once. This is the difficulty when the processes of legislation are not attended to properly. I noted on the day that there were anomalies and contradictions in the Bill. Deputy Bannon has referred to one such anomaly. Another anomaly is the two kilometre ruling. If a property let to a parent on a non-cost basis is within two kilometres, tax is not chargeable but if it is outside two kilometres tax is chargeable. That is nonsense. It would help if the relevant officials were invited to appear before the committee to see if some additional amendments can be made to the Bill with a view to tidying up these issues.

Deputy Eamon Scanlon

I had a query from a couple in Limerick. For work reasons they moved to Sligo. They own a house in Limerick and tried to sell it in order to buy a house in Sligo but were unable to sell it in the present market. They rent the house in Limerick and are renting a house in Sligo. That they have to pay the €200 tax is wrong. I do not think that was the reasoning behind the €200 payment. They own only one house. It is wrong that these people are caught in that trap. I do not think it was the intention to catch those people. I thought it was a tax on a second, third and subsequent homes. That is an issue I want to see addressed.

Chairman

I propose to invite the officials to appear before the committee on 17 November 2009. We will ask the secretariat to send a copy of the comments that have been made now so that they can be aware, in advance, of those anomalies that people will raise with them on the day. They will have a flavour of where the committee is coming from. Is that agreed? Agreed. We have had no communication with the Department but if possible, we will try to have officials appear before the committee on 17 November.