Eamon Gilmore (Dún Laoghaire, Labour)

In the case of car parking, for example, it could distinguish between car parking provided within the building where private management would be appropriate and kerbside car parking which should be subject to public management. In short, the guidelines would clarify those services which are and should be public and those which are appropriate for private arrangement.

There is a need for new legislation in this area and the Labour motion calls on the Minister to prepare a Bill to address a number of aspects of this problem: to regulate management companies where they are established and to control the levels of management charge; to protect the consumer, or the house buyer; to strengthen the existing provisions of section 180 of the planning Act; and to allow for the taking in charge by a local authority of a development which is already subject to a management company.

Section 180 already provides for taking in charge of a development that is the subject of a management company. It provides:

Where . . . . the development has been completed to the satisfaction of the planning authority, in accordance with the permission and any conditions to which the planning permission is subject, the authority shall, where requested by the person carrying out the development, or, subject to subsection (3), by the majority of the qualified electors who are owners or occupiers of the houses involved, as soon as may be, initiate procedures under section 11 of the Roads Act 1993.

There has been a casualty in the course of the afternoon so I have some latitude in my time. It was intended that I would share with Deputies Stagg and Broughan. I was also to share with Deputy Lynch but, due to circumstances beyond her control, she cannot be with us.

It could be argued that section 180, even as it stands, could be used by the householders in apartments or houses to hold a plebiscite to vote to have the estate taken in charge even if it is subject to a management company. Lest there be any doubt about that, however, the Minister should legislate to strengthen section 180 and to clarify what happens in circumstances where taking in charge has taken place. No one wants circumstances where the cute developer sets up a private management company and the residents vote to opt into the local authority and the public purse must foot the bill for the gains the developer made. There will be a need to provide for what happens when taking in charge takes place. The legislation needs to address how, and in what circumstances, existing management companies can be wound up. I ask the Minister to accept the Labour Party motion. Both he and the Taoiseach are on the record that they do not like the growth of management companies and the imposition of management charges. The Labour Party's proposal provides the Minister with a means of dealing with the issue effectively. He can stop the rot by regulating the existing companies and legislating to wind them up and for the ultimate taking in charge of housing developments which are subject to them.

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