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

I have a problem with the wording of Deputy Cowen's amendment, which states: "a local authority shall give priority to persons that have been responsible tenants in leased accommodation". By all means the local authority can consider their application, but giving them priority is a problem in so far as local authorities are entitled to make their own allocation schemes. Under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority can determine the order of priority in which it makes allocations to individual households in accordance with its allocation scheme. Section 22(5) allows the housing authority, having regard to any regulations made by the Minister in that regard, to reserve dwellings available for allocation in its area in respect of particular classes of household, forms of tenure, and households transferring from other forms of social housing support. The making of an allocation scheme is a reserved function of the local authority. In providing for specific allocations and prioritising for same, it is important to have regard to those vulnerable groups that are in greatest need but also to avoid measures that would have unintended consequences for the different categories of need.

My concern about accepting Deputy Cowen's proposal is that those who have availed of RAS would get priority and that would have the effect of constraining the local authority in terms of applying its own allocation scheme. One may well be giving priority to people who have a lesser need than other people who are looking for housing. I am afraid I cannot accept this amendment.