COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 11, 2012

MOTION NO. 1

MOTION: Councillor C. King

That this Council calls on the Manager not to avail of the powers given to this Council under section 14 of the Local Government (Household Charge) Act 2011 which provides access to information held by utility Companies for the purpose of identifying potential liability to the household charge.

REPORT:

The household Charge was brought in under the Local Government (  Household Charge ) Act 2011. Section 14 of the Act which deals with data sharing states,

.—(1) Notwithstanding any enactment or rule of law—

(a) a relevant person shall, upon a request from a local authority,

provide the local authority with such information

in the possession or control of the relevant person or,

where the relevant person is a body corporate, any subsidiary (within the meaning of section 155 of the Companies

Act 1963) of the relevant person as the local authority

may reasonably require for the purpose of enabling

the local authority to perform its functions under this

Act,

(b) a local authority shall, at such intervals as the Revenue

Commissioners may specify, provide the Revenue Commissioners

with such information obtained by the local

authority pursuant to this Act, including tax reference

numbers, as the Revenue Commissioners may reasonably

require for the purpose of enabling them to perform their

functions under a specified enactment, and

(c) a local authority shall upon a request from, and at such

intervals as may be specified by, a Minister of the

Government, a local authority or a prescribed person,

provide the said Minister of the Government, the local

authority or the prescribed person, as may be appropriate,

with such information obtained by the local authority

pursuant to this Act as the Minister of the Government,

the local authority or the prescribed person

concerned may reasonably require for the purpose of

enabling him or her to perform his or her functions.

(2) The Minister shall not prescribe a person for the purposes of

paragraph (c) of subsection (1) unless he or she is satisfied that the

provision by a local authority of information obtained by the local

authority pursuant to this Act to such person will assist the person

in discharging a function conferred on, or delegated to, him or her

by or under any enactment.

(3) In this section—

“Act of 2010” means the Value-Added Tax Consolidation Act 2010;

“relevant person” means—

(a) the Private Residential Tenancies Board established under

section 150 of the Residential Tenancies Act 2004,

(b) the Electricity Supply Board established in accordance

with the Electricity (Supply) Act 1927,

(c) the Revenue Commissioners,

(d) the Minister for Social Protection, or

(e) any other person standing prescribed for the time being;

“specified enactment” means—

(a) the Tax Acts,

(b) the Capital Gains Tax Acts,

(c) the Act of 2010,

(d) the Stamp Duties Consolidation Act 1999, or

 (e) the Act of 2003;

“tax reference number” means—

(a) in relation to an individual, that individual’s personal

public service number (within the meaning of section 262

of the Act of 2005), or

 (b) in relation to a body corporate—

(i) the reference number stated on any return of income

form or notice of assessment issued to that person

by an officer of the Revenue Commissioners, or

(ii) the registration number of the body corporate for the

 purposes of the Act of 2010.

As can be seen from the above,the sharing of data in order to contact  homeowners in relation to the Charge is provided for in the legislation. This Council is obliged to use all the powers given to it so that we can fulfill our obligations in relation to the collection of the Charge.