Auctioneering Licences

Dáil Éireann Debate, Thursday - 9 May 2013

Thursday, 9 May 2013

Ceisteanna (159)

Joe McHugh

Ceist:

159. Deputy Joe McHugh asked the Minister for Justice and Equality with reference to the licensing of auctioneers who operate in livestock marts, if he will give due consideration to marts in Gaeltacht regions; his views on whether professional indemnity insurance requirements for such commercial operations should take into account the fact that marts do not provide advice to purchasers but instead facilitate sales and purchases; if he will try to identify a less bureaucratic way of securing tax clearance compliance than via the method currently envisaged; and if he will make a statement on the matter. [21974/13]

Freagraí scríofa

Minister for Justice and Equality

The Property Services Regulatory Authority is responsible for the control and regulation of Property Services Providers (i.e. Auctioneers/Estate Agents, Letting Agents and Management Agents). Under the Property Service (Regulation) Act 2011, all Property Services Providers (including auctioneers in livestock marts) are required to hold a licence from the Authority. I am advised by the Authority that it is not aware of any specific issues arising in respect of livestock marts in Gaeltacht regions.

Any person wishing to hold a Property Services Provider licence is required under the Act to have professional indemnity insurance. In addition, the Act provides that the Authority shall not issue a licence to any person who does not hold a Tax Clearance Certificate. Insofar as tax clearance is concerned, the Act also requires that all of the Directors of a body corporate must provide the Authority with copies of their Tax Clearance Certificates. As such, these are statutory requirements and the Authority has no discretion in the matter. It might be noted that the procedures for obtaining a Tax Clearance Certificate are entirely a matter for the Office of the Revenue Commissioners.