Seanad debates

Wednesday, 16 July 2014

Housing (Miscellaneous Provisions) Bill 2014: Report and Final Stages

 

12:15 pm

Photo of Kathryn ReillyKathryn Reilly (Sinn Fein) | Oireachtas source

I move amendment No. 1:


In page 6, between lines 2 and 3, to insert the following:" "authorised advocate" means an elected public representative, social worker, medical or legal professional or a representative of a tenants or housing rights body recognised by the local authority;".
I discussed most of these amendments on Committee Stage with the then Minister of State and current Minister for Education and Skills, Deputy Jan O'Sullivan. I will go over some ground again with the new Minister, Deputy Kelly, to get further clarity, having reviewed the legislation.
These amendments relate to the issue of advocacy and the requirement for an authorised advocate. On Committee Stage, the then Minister of State suggested that an advocate would have to be arranged for in all dealings with the authority, but that is not the case. No tenant who is reasonably able to deal with an issue would want the delay caused by arranging for an advocate. As such, the amendment places the onus for arranging an advocate on the tenant. If he or she cannot do so at the appropriate time, it should not delay anything.
These amendments are meant to ensure that, should a tenant request the presence of an advocate, the authority cannot refuse, which may have happened in some cases. As the then Minister of State mentioned on Committee Stage, this requirement would not change matters for some councils. For others, though, tenants could not be denied advocacy if they could arrange for it.

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