Oireachtas Joint and Select Committees

Wednesday, 4 June 2014

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government

Housing (Miscellaneous Provisions) Bill 2014: Committee Stage

10:40 am

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

First, I agree with the Deputies that a multi-agency approach is appropriate. Unfortunately, I cannot accept the amendment because it involves the granting of an exclusion order. Second, a balance must be struck between the rights of the respondents and the rights of the community. The adjudication of the balance to be struck in an individual case is most appropriately determined by the court. It should not be influenced by a statutory provision giving the right of one party priority over the rights of the other party. That is the legal process that is contained in this section.

I support a multi-agency approach. We are liaising with the Department of Children and Youth Affairs on the implementation of this legislation, particularly with regard to minors. If the Deputy wishes, I can return and report on those discussions. It may well be more appropriate - if it is appropriate legislatively at all - that it not be done in the context of an exclusion order but in some other way. I support the concept of adopting a multi-agency approach but I cannot accept it here in the context of a determination by the court.

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