Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I will answer Senator Zappone's question about the transfer list first. It was indicated to me in the Dáil that County Kildare does not have a transfer list. It is the only such local authority I know of but there may be others. If one applies for a transfer in Kildare, one is on the housing list in some way. It seems to me to make more sense that there would be separate transfer and housing lists. That seems to be how most local authorities operate.

With regard to the clarification sought, the reason it is not in the primary legislation is that the direction is in secondary legislation. In that sense it is part of the statute, although it is not in the primary legislation. It is a regulation that relates to the primary statute and I will draft it as soon as I can.

In terms of the timing, we expect that those six local authorities will move quickly. We expect that they may well move before we have the regulations fully drafted, so that is why I will issue the direction if necessary. If the regulations are in place, then we will not need to do so. I want to ensure people who have been on a waiting list for five years do not suddenly end up falling through a crack because no statutory mechanism or direction can be used. That is why we are putting that intermediary step in place. It may not be necessary to use it. I wanted to give a reassurance that we will use it, however, if the regulations are not finally drafted and agreed by the time the next phase starts after Limerick. That is its intention.

Secondary legislation will be there by way of regulation, so it is legislation in that sense, albeit secondary. In the same way that any future Ministers could introduce a new housing Bill and change everything, they could also amend the regulations but no more easily. They would still have to do so formally but I would not envisage any Minister wishing to do that. It makes sense not to disadvantage people who have built up time on a housing waiting list. I am confident that no future Minister would want to disadvantage those people in any way. I do not see why a Minister would do so.

During these lengthy debates I have been clear about the intention that will pertain. I am giving the House an assurance that, as far as I am concerned, we will draft those regulations to ensure people will not lose any of the priority they have had.