Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

I have two questions. One concerns the balance of rights between the landlord and the tenant. The second concerns the public consultation issue, which we have been discussing for the last while. If the landlord and the tenant are both experiencing hardship, who loses out? How is that determined? Mr. Lemass gave an explanation when Senator John Cummins asked whether a tenancy is protected when a counter-declaration is made. I understand that if a landlord makes a counter-declaration and then issues a notice of termination, it is up to the tenant to raise a dispute. How is that determined? If a tenant's rights are protected under legislation, how do we see him or her through this process? It can become quite technical and cumbersome.

My second question concerns public consultation. I do not believe there is anything sinister in this proposal. I think it is a reaction to Covid-19 and the need for public safety. However, in any situation we must avoid unintended consequences. We do not want to give the impression, rightly or wrongly, that we are limiting public engagement or the autonomy of elected councillors. It is quite clear from the contributions made today and in the previous debate in the Seanad that there are serious concerns around this. We should reflect those concerns in the language. A sunset clause should be attached to the either-or provision in this Bill. That provision is there to get us through Covid-19. When we are living in a Covid-free world - soon enough, please God - it should be allowed to lapse. Failing that, we should add a caveat to make it clear that it is a decision presented by the executive and approved by the members of the council. We should trust them to get this over the line and to determine what is in the best interests of their electorate and how best to consult them.

A previous speaker noted that this is the only part of the public consultation process that is prescribed by legislation. I worry that this might create a precedent for public consultation throughout the development plan. Mr. Lemass and I worked on the development plan previously. I know he would never do anything like that, and I am not suggesting that any county manager or executive would. I simply want to make sure that no unintended consequences are hidden in the Bill.