Oireachtas Joint and Select Committees

Thursday, 12 December 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

Update on Rebuilding Ireland: Department of Housing, Planning and Local Government

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

What I said in my reply was that it would depend on the vehicle in which the Bill was brought forward. If it was brought forward as a Private Members' Bill, for example, I would had to have brought a memo to Cabinet. In bringing a memo to Cabinet, I would have to seek observations from the Attorney General on legal issues around a Bill, or a position on constitutional issues. That was the point I made to Deputy Boyd Barrett. We have written legal advice on the constitutionality of an anti-eviction mechanism being introduced, where one would not allow someone to be evicted from a property based on reasons of sale. A further point I made to Deputy Boyd Barrett, and Deputy Barry raised it in terms of the other element of that Bill, was on not being allowed to evict someone because the property was going to be renovated. That is bad policy. It is potentially dangerous for tenants where properties need substantial renovation. Even if it were constitutional, it would not be something I could stand over from a policy point of view because it would put tenants at risk.

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