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Dublin: 19 °C Tuesday 18 June, 2013

Hogan moves to plug Irish language gaps in Household Charge law

An Irish edition of the legislation permitting the household charge, and the list of exempted ghost estates, have been produced.

ENVIRONMENT MINISTER Phil Hogan has moved to defend the State against a legal challenge to the household charge laws by producing Irish-language equivalents of the legislation.

The High Court granted leave two weeks ago for a challenge to the legislation on the basis it had not been published in Irish, the official language of the country.

This presented a difficulty because citizens who may be prosecuted for their failure to pay the charge, and who wished to have court proceedings brought against them in Irish, would not be able to do so.

At that point, the Local Government (Household Charge) Act 2011 was available only in English, while the list of unfinished ‘ghost’ housing estates which are exempt from the charge was not available in Irish – which presented difficulties for addresses in Gaeltacht areas.

Last night it emerged that Hogan had signed an amended version of household charge legislation into law – and copies of the legislation obtained by TheJournal.ie today indicate that the legal loophole has now been closed.

The amended legislation includes Irish language names for 25 estates which lie within Gaeltacht areas, and repairs two other typographical errors in the original regulations.

An Irish-language version of the Act creating the charge has also been produced and made available on the Oireachtas website.

The moves mean that a challenge to the legislation is unlikely to be upheld.

Read: Homeowners warned over bogus household charge collectors

More: “57 black sacks” of household charge payments already received – Hogan

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Comments (68 Comments)

  • Back pedalling dot com.

    Reply
  • 8 times I’ve mailed Philip regarding my concerns over this unfair tax and not a dicky bird back! Phil, you’re such a rude boy!

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  • jimbo 28/03/12 #

    Hogan when will you ever wake up and get the message we are not paying.
    I will glady stand up and be the first in court if i have too.before i pay this foolish charge.

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    • I no speek inglish.
      I no undastand.
      Am from china.
      Fil plese translaid for mee 2.

      Reply
    • Can we toss for that privilege Jimbo?

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    • @ Jimbo,

      He won’t wake up! His head is where the sun doesn’t shine. How much is that after costing to get in printed in Irish? Grant it, it should have been in Irish for the percentage of the electorate that can speak Irish, but they now have 2 days to read and understand the sh1te that’s in it! One very important question, who were the printers? Was it an Irish company or were they printed in UK, China, where?

      That would be very interesting to know! Sad really, when Hogan realizes that he has to scrap the charge on Saturday! A portion of the money paid in already will have to pay for the printing of the Irish version booklet! Sad state of affairs.

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  • As soon as the council take over proper maintenance of our estate i.e. grass cutting, litter collection, road-sweeps etc. then I’ll happily pay a charge. We’ve had to set up our own residents association and go around the doors collecting money to get these things done for the last 4 years.

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  • Surely if 50% or more don’t pay or register it will legally have to be abandoned ?
    A law can only be enacted by the will of the population – or is this not a democracy any more?
    They can stick their euro-slush fund referendum up their collective arse as well.

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  • 1 most people don’t own there home as a mortgage is on the property so the banks should pay ?

    2 give back stamp duty everyone paid over the years and they will gladly pay the €100

    3 stop bailing out the banks with tax payers money

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    • Having a mortgage on a house doesn’t mean you don’t own it. A mortgage just means the deeds to the property fall into the bank’s possession if you default.

      Think about it: when you get a mortgage, the bank gives you the money, and you give it to the previous owner of the property. It’s not like the bank gives you the cash and then asks you to give it straight back again.

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    • also because alot of us are paying management fees which allegedly cover the services this charge is supposed improve, so i would gladly pay the household charge if management fees were abolished! and what about the estates that the councils refuse to take over yet, are they gonna suddenly change their minds!?

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    • that’s fair enough gav but a lot of tax payers money has gone in to the banks. local councils won’t go near my estate. grass hasn’t been cut etc so why should we pay it

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    • I don’t disagree with you on the other points, Daniel, just on the first one. @)

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    • Gavin, We are the registered owner yes ,Rightly or wrongly we dont own the property until it paid in full so techinally we are in the process of buying it.
      Leaving all this aside there is no doubt this tax is unfair because people with a mortgage are the only ones paying it. They say its for public services , street lighting etc this is already paid for in our public levy charge on our ulitly bill is it not. so if €100 is paid by me will this public levy be taking off my bills?
      If i have a second property and paid €200 tax for that, which is suppose to go to the public services, The €100 euro is also going to this public service.
      So inessence i will be paying for these charges 3 times, how is that fair when a tenant of a rental property doesnt have to pay it and tax on a property. This is why i say it is unfair.

      Reply
  • Ach anois an dtabharfar 3 mhí breise ó dháta foilsithe an Achta Gaeilge leis an muirear a íoc dóibh siúd ar mhian leo a ngnóthaí oifigiúla a dhéanamh trí Ghaeilge ar an gcaoi chéanna a tugadh 3 mhí do Bhéarlóirí? Comhionannas atá i gceist.

    Reply
  • Now I can’t pay it would some how vindicate Hogan’s behaviour is this whole affair.

    I think Enda would get more money if he had a fire Hogan fund.

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  • I’ve been pointing out to the relevant depts for months now (the ministers office, the dept and the council), that my estate was accidently ommited from the exemption list. I was constantly told that they couldn’t change the list but we see Hogan made alterations here. what gives?

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  • I’m looking forward to the deadline effectively becoming dead. I’m only surprised that the clowns didn’t decide on April 1st as their deadline date – at least that would have made sense. Most people I know are steadfastly refusing to pay this begging tax. Most international commentary on this issue have expressed surprise that it’s taken us so long to put it up to the govt – camel & straw spring to mind! Keep your money lads & lassies – unlike the scumbags demanding it, you have earned it.

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  • It seems from reading many posts on this topic there are quite a few people willing to pay this. I wonder if they will be so keen once it’s replaced with a full council tax between 400 to 900 euro a year. Plenty of people who are quite happy to take good and hard, grow some balls and fight for gods sake.

    Reply
    • Paul Wallace.
      That is exactly what it boils down to.
      People don’t seem to realise that the household charge is a fishing excercise by the government to find out who owns what.
      Philli openly admitted this on Newstalk this morning.
      DON’T REGISTER!
      You will live to regret if you do.
      As I have previously encouraged. Just wait a little past the deadline and then make your decision based on current developments.

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    • Yes, happy to pay €1000 per year if need be in return for improved services.

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    • The government make a point of saying that SF impose a council tax up north, well when FG/Lab provide the same level of services – free healthcare inc doctors visits and scripts, waste collection, free education inc stationery and books – then they can come looking for their tax. I’ve had to replace two tyres in the last two years because of potholes that weren’t repaired despite paying a fortune in road tax and vrt. The county manager wastes fortunes on ridiculous pet projects whilst the main street in the town is in a shocking state. There’s no way I’m paying a cent more for them to waste.

      Reply
    • 900 a year? where does it say that?

      Reply
  • Whats “get stuffed Noonan” in Irish?
    Slan Argos Catalog.

    Reply
  • The only holes Hogan should be looking to plug are his and Leo the Lip’s gobs!

    Reply
  • And Hogan

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  • jimbo 28/03/12 #

    We have made it into uk papers
    http://t.co/2UIUdlSQ

    Reply
  • @ Paul,

    Agree with you. The people, some, have paid it because they couldn’t be arsed to fight. They leave it up to others to do it! Next year, when it is EU400, EU1,000 it’ll be too late to complain. It’s now they needed to be voicing their objections.

    Comrades, friends, keep cool, keep strong! We’ll win in the end.

    Reply
  • I am sure Minister Hogan has his own very valid reasons for signing this new reviewed list into exemption law….
    As HE is the minister HE does not have to tell us ”what gives” Now be a good man and go back into your box and stop asking the minister awkward questions…… I can hear him say….. :)
    Oh I know hole of hogan’ s should be plugged ……His cake hole !

    Reply
  • Whatever about printing the information in Irish how will Phil explain to his boss Herrr Merkle why it was not printed in German………Funny how government can change legislation so quickly when it means screwing joe public but when it comes to holding themselves accountable you need constitutional change and then there are human rights issues to consider….This is the excuse currently been spouted by government sources in respect of removing pensions from former ministers found guilty of corruption…

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  • Won’t be paying! A totally unfair tax, why only mortgage holders have to pay?.. Is it fair to say the mortgage holders are responsible for the upkeep of the community but people renting don’t need to bother/worry about it? Mortgage holders are worse off than people in rented accommodation, negative equity, landlords having to put funds towards the rent as it doesn’t cover the mortgage on the property, €200 nppr annual charge, maintenance fees… Wot bloody more do they want? And in the BOOM times banks were nearly throwing mortgages at people…. Makes my blood boil, IM SAYING NO NO NO

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    • @ Simone agreed I keep making the same point for weeks now. Dont forget you and everyone else that pays a electricity bill there is a pso (public service obligation) on it that is suppose to pay for street lighting. And a carbon tax on your gas bill.
      So in my head this €100 is totally unfair on a mortgage payer and anyone that has paid for their house,
      In real terms if anyone parents bought and paid for their home they now have to pay this tax, but someone who decides not to try buy a house doesnt pay. makes me sorry i never rented of the council, sure i could be living next door to me now the way the council intergrates people now for half the price. my boiler breaks ah call the council they will fix it, boils my blood i can tell you.

      Reply
  • Me too, I thought buying my house was the right thing to do, stability for our family and a good investment… Well at least that’s what I thought…. How wrong was I? Ha, stability my arse!

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  • We really need to review the law that insists on bi-lingual translations.
    The cost of this policy must be astronomical. I don’t think we can afford
    such luxuries anymore.

    Reply
    • Bilingual translations are necessary under the Official Languages Act 2003 which came about as a result of Ó Beoláin v. Fahy [2001] 2 I.R. 279. The judge in the case held that …it is not possible (at least in the absence of law of the type envisaged in Article 8.3) to exclude Irish, which is the national language and at the same time the first official language of the State, from any part of the public discourse of the nation or from any official business of the State or from the official business of any of its members. Nor is it possible in these contexts to treat it in a manner which is less favourable than the way in which the second official language is treated. Neither is it possible to prevent those who are capable and desirous of using Irish in making their case or in communicating from so doing or to disadvantage them when so doing in any national or official context. As such, any review of the bilingual policy may now only be changed by either overturning the original court case (which would prove exceptionally difficult and may necessitate a referendum to allow such a court case to proceed) or by referral to the people in a referendum which would, by its very nature and as a result of several court cases since independence, have to remove the official status accorded to the Irish language. I have a feeling that, in the latter case at least, such a referendum would fail. Whatever feelings people in Ireland have about the financing of bilingual documentation, the loss of a national cultural symbol at a time when we are losing our fiscal, economic and political sovereignty may not go down too well the public.

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    • So what is the problem with a law, envisaged under article 8.3 of the constitution, from abolishing this nonsense? No referendum needed.

      If you want your hobby, by all means do so. Don’t force it on the rest of us.

      Reply
    • The problem, Eric, is that the Act came about as a result of a legal interpretation of the Constitution. The introduction of a new Act to override the Official Languages Act which would remove the bilingual necessity for documentation is, as a result of Ó Beoláin vs Fahy, no longer simply a legal matter. It is now a constitutional matter. To change the legislation would require the original court case to be rerun (which is, as far as I’m aware, not constitutional, though I could be corrected on that) and the outcome of the court case would have to be overturned.

      Regarding your “If you want your hobby, by all means do so. Don’t force it on the rest of us.” comment – we could reverse the roles here. Your insistence that the Irish language is forced on “the rest of us” is hypocritical. The English language has been forced on Irish speakers for centuries. Why is it OK to force English on Irish speakers, but it’s not OK to force Irish on English speakers? At the end of the day, English is forced on speakers of Irish all day every day for their whole lives, while Irish is only “forced” on English speakers for perhaps 1 hour a day, 5 days a week, 30 weeks a year, for 14 years. If you think it’s not fair that you should pay for my “hobby horse” (I didn’t know that one’s own primary method of communication is considered a hobby horse – perhaps my own level of English is not as good as my Irish I guess), perhaps I should have the option of not paying for yours (English).

      Reply
  • Irish – more money wasted. Everything costs double because of Irish. The minority bullying the majority. Sounds very familiar.

    Reply
    • @Frank 2521

      Not sure what you mean? I don’t speak Irish, wish I did. So as far as I can see I’m in the majority that are saying no to this charge. Look at the figures given in the news. Over a million have not paid ….. and hopefully won’t.

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    • Sorry Frank2521, but that is plain horse manure. The cost to the exchequer every year for Irish translations is c. €1 million. Out of a national budget of some €50 billion, the cost of providing legal materials for the Irish-speaking community is not even 0.002%. As for the whole minority bullying the majority – well, maybe the minority wouldn’t have to bully the majority if the majority treated the minority as equal human beings.

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    • the banks own most houses in ireland so its the banks that should pay the €100 charge not the people living in them.

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  • @Shiela – I meant the minority speaking Irish bullying the rest of the people in the country to learn it in schools etc. we must tolerate all the Irish signs and forms in Irish at a terrible cost to a country that is broke. Irish is a good language and should be promoted but it is a luxury or a hobby which like golf should be paid for by individuals and not by everybody. I don’t agree with the tax on your home as it is unfair. People have no choice but to have a home – let them tax discretionary items.

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    • Not only are they bullies, but they bully children no less.

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    • Not only are they bullies, they bully children no less.

      (and for whomever is deleting this comment, please care to explain why?)

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    • Eric, I don’t think there is anyone deleting the comments. I’ve been noticing the same problem – it usually takes a while and a few refreshes before you can view your comment. You could try opening the article in a separate browser to make sure that the comment you left is indeed still there.

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    • In Contrast however, “forcing” the Irish speaking minority to do all sorts of business in English, not just a few hours in school, but in virtually ALL aspects of life is not at all “bullying” but just the natural order of business. No double standards here what so ever.

      Please go to some old pub owner in Conemara, or some young parent in Dublin raining their children through Irish at home and through a Gaelscoil, and explain to them to their face how their way of life is merely “hobby and a luxury”.

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  • @gavreilly Thomas Brabazon is a Fianna Fáil Cllr…
    Surely relevant to the article?

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  • Just pay the €100 and get it over with. Stop complaining. Three days to go till the deadline.

    Reply
  • if we dumped this whole Irish language thing which costs hundreds of millions every year to keep going despite known of using it and divert the money to the council’s we could cancel the household tax and keep 98% of the population happy

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  • Phil Hogan is a good example of why most folk are cynical about politicians. When asked today by Matt Cooper, on the Last Word, if the government’s Household Charge campaign had been poorly thought out, Hogan vehemently disagreed, saying that it had been a relative success, and that all we are seeing now is people leaving it til the last minute to pay it!!!!! The man is obviously on another planet. None one of those 166 buffoons in Dail Eireann can call tell the truth or face reality. These are the type of individuals who will try to convince you that black is indeed white. If they were honest enough to admit that they were wrong, people would at least have some respect for them.

    Reply

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