Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I have a lot of sympathy for what Senator Cummins is saying. This is something that would benefit both good landlords and good tenants. I am of the view that RTB determinations should be enforceable, particularly up to a certain level of value. I know that Attorneys General over a number of Governments would probably disagree but the real issue here is whether there are certain levels of determination where the successful party to that determination can apply to the RTB for immediate enforcement. If the other party then wants to take the matter to the courts to block it, that is fine. The other party should still have that right. The problem at the moment is that it is the wronged party, which could be the tenant as much as the landlord, who is forced to go for court enforcement. That is a very specific issue and then there is the separate issue of the length of time it is taking to hold adjudications and tribunals. It is taking too long but that is a staffing and resourcing issue. We need to deal with that because it is not fair on everybody.

The Government should look at whether certain categories of RTB determinations could be enforceable on foot of the determination of the request of the successful party. I suspect, at a minimum, that the unsuccessful party would still have to have the right to challenge that in the courts. I know that would not satisfy Senator Cummins but legally we would require that. It is wholly unfair that the wronged party who is successful in an RTB determination is, in all instances, forced to go to the courts where the guilty party does not live up to his or her side of the determination. That seems to be a very unfair system. This is the grey area of where administrative justice is allowed to stop or extend. I suspect that the Office of the Attorney General would be interested to see it extended further. I deal with both landlords and tenants who have had very significant determinations made in their favour but if they do not have the money to go to court, they cannot vindicate the determination of the RTB. That is the issue that needs to be looked at. Could we have RTB determinations that are automatically enforceable without the successful party having to go for court enforcement? This something that would protect the innocent party, irrespective of whether than party is a landlord or a tenant. This is not a pro-landlord or pro-tenant issue. This is about protecting the parties that win determinations and not forcing them into expensive court action.