Amendment No. 1 is a Government amendment. Amendment No. 2 is cognate. The amendments will be taken together, by agreement. Is that agreed? Agreed.
Local Government (Business Improvement Districts) Bill 2006: Report and Final Stages.
Minister of State at the Department of the Environment, Heritage and Local Government (Mr. B. O’Keeffe)
These are drafting amendments. I ask that they be accepted without debate.
We move to amendment No. 3. Amendments Nos. 4 to 6, inclusive, are related. The amendments will be discussed together, by agreement. Is that agreed? Agreed.
On Committee Stage the Labour Party proposed two amendments which would require the rating authority to make a copy of a business improvement district, BID, proposal available on the Internet and indicate the website address where a copy of the BID proposal could be inspected. In response, the Minister advised that aspects of this were important and that we would introduce an amendment in this regard. Therefore, we are introducing an amendment which specifically provides that a BID proposal may be made available on the Internet. The amendments I have brought forward provide accordingly and insert the first reference to the Internet in a new subsection, section 129D, thus highlighting the point raised by the Labour Party far more clearly. In addition, amendment No. 6 provides that where a BID proposal is made available on the Internet, the website address for viewing a copy of the BID proposal must be specified in the public notice inviting submissions on the BID proposal. I hope this incorporates and enhances the Labour Party proposals.
I wish to explain the reasoning behind my amendment although the Minister of State has moved the Government amendment. There was an indication that this would be dealt with at an earlier stage. I thank the Minister of State for taking the time to consult the Department and for coming back with this amendment. It is important that this information is available on the Internet. I thank the Minister of State for taking this on board.
I compliment the Labour Party on tabling its amendment. The amendments refer to the "rating authority". The elected members of a local authority are those who strike the rates. I am disappointed that greater provision is not made for more members of the local authority to be included in the BIDs. The amendment makes provision for only one member——
We might come to that issue at a later stage.
That is not relevant.
It is important the point is made.
It is not relevant at this time.
Amendment No. 7 is a Government amendment. Amendments Nos. 8 to 11, inclusive, are related. The amendments may be taken together, by agreement. Is that agreed? Agreed.
I indicated to the House on Committee Stage that, if it was considered appropriate, I would bring forward any necessary amendments on Report Stage with regard to the definition of the term "unoccupied" and related terms in sections 4 and 5 of the Bill. Amendment No. 8 introduces a definition of the term "unoccupied" in the context of the termination of the BID contribution levy under the new section 129N. Current rating law contains provisions in regard to rate refunds where a property is unoccupied. Section 129(N) contains a similar provision whereby 50% of the BID contribution levy will apply where a property is unoccupied. The 50% rate will, therefore, apply where no income is being derived from a property and this is an equitable provision.
Amendment No. 8 provides that for a property to qualify as unoccupied, the owner must satisfy the rating authority under three separate tests: first, that the owner is not occupying the property; second, that no other person is entitled to the use or enjoyment of the property; and, third, that the owner is genuinely unable to find a tenant at a reasonable rent. The owner must satisfy the rating authority under these headings to qualify for the 50% rate on the BID contribution levy. The wording of the amendments is similar to that used in rating legislation and it is necessary to set these tests out explicitly in the legislation.
Amendment No. 9 introduces a similar provision in respect of entry year property and post-entry year property levies. Amendments Nos. 7, 10 and 11 are consequential amendments to amendments Nos. 8 and 9 and they are required to realign relevant language in the Bill following definition of the term "unoccupied".
If a title is not in order, is it covered by these provisions? Local authorities have failed to establish the ownership of properties in various towns in the past because, for example, when the owner died, his or her relatives were in America and the property lay dormant. Longford County Council has been unable to establish ownership of a property in one town for the past five years. Is this covered by the legislation?
I understand where the Senator is coming from but, in this instance, title is not an issue. The legislation deals with the occupier of the property who is benefiting from it. If the person is operating a business from the property, he or she will be liable to pay a contribution to the local BID but if the property is unoccupied, such a requirement will not apply, although if the property has been leased, the owner will be liable. Title and ownership are not at issue in this legislation.
Amendments Nos. 13 and 14 are cognate on amendment No. 12 and, therefore, it is proposed to take amendments Nos. 12 to 14, inclusive, together by agreement.
These are technical amendments. There is no need to include the words "of this Act" in the legislation and I propose, therefore, to delete these words in sections 7(2), (3) and (4).
I thank the Minister of State. I very much welcome the passage of the legislation because it will enhance Dublin city centre. I congratulate Tom Coffey and the Dublin City Centre Business Association on the significant work they did on business investment districts, BIDs. Such districts will be very beneficial and they have been hugely successful in other countries. They will enhance towns and villages throughout the State.
I thank the Minister of State. Fine Gael has supported the Bill since its introduction because we have seen how similar legislation has enhanced cities in Europe and the United States. The concept was developed in New York and it will enable towns, cities and even smaller areas to become more attractive to investors. BIDs bring great benefit to businesses and communities and they will also be greatly beneficial in attracting industry because the first thing an industrialist considers is the attractiveness of an area. Our cities and towns will be greatly enhanced and, therefore, I welcome the Bill.
I was thinking of the broadcast of "The Week in Politics" on the night of the Fianna Fáil Ard-Fheis and how well the Minister of State looked alongside his two new colleagues in Cork North-West. I was overcome with emotion.
That is not relevant to the debate.
He was referred to as the cuckoo in Cork North-West the following day on RTE Radio 1.
I thank the Minister of State and his officials for being forthright with the legislation and for accepting amendments that improved it. It will prove to be very effective.
Minister of State at the Department of the Environment, Heritage and Local Government (Mr. B. O’Keeffe)
I welcome the positive reception given by all sides to the concept of business improvement districts. They have been tried elsewhere, especially in the US and Canada, and the success achieved can be translated to our cities and towns in the years ahead. BIDs have significant positive effects by improving business and enhancing the local communities. They can also have a positive effect on tourism and employment. In a number of jurisdictions, there is evidence BIDs have contributed to a reduction in crime, an issue which is never far from our minds. I thank the Senators for their contribution and I express my appreciation for a useful and constructive exchange of views during the passage of the legislation. I thank the Cathaoirleach for his co-operation.
When is it proposed to sit again?
At 10.30 a.m. tomorrow.