Eamon Gilmore (Dún Laoghaire, Labour)

I thank all the Members who contributed to the debate, especially those who will support the Labour Party in the division later. This straightforward problem is faced by many householders. It has been raised in the House so that it can be resolved and not for the purpose of political point scoring. The Labour Party has put a number of proposals to the Government to solve the problem and I am disappointed the Government has chosen not to accept the motion, which it could have done without great difficulty. However, insult is added to injury by the Government taking the opportunity presented by a motion dealing with a problem experienced by people who pay expensive management charges on housing estates and in apartment blocks to introduce a pathetic amendment, which relates to nothing more than a self-serving, self-congratulating list of statements.

In response to a motion about management charges, the Government claps itself on the back. The amendment refers to how much choice householders have. What choice have those who cannot buy a home in the first place? It also refers to high quality urban design, environmentally progressive and energy efficient measures, but the Government is presiding over the building of the slums of tomorrow and is betraying the environment.

The Ministers responsible for drafting the motion should take on board the contributions of their backbenchers, including Deputy Fitzpatrick and Deputy Haughey, chairman of the Joint Committee on the Environment, Heritage and Local Government. The amendment mentions the range of services provided and the additional houses being built and asks the House to congratulate the Government on the increase in the environment Vote in the Estimates. That is the Government's response to a problem raised in the House by the Labour Party. The Government claps itself on the back for initiatives for which it does not deserve credit and then avoids responsibility by saying the Law Reform Commission will examine the problem and local authority members are responsible in the first place.

This issue can be resolved by the Minister. If, as he maintains, local authorities are acting outside the law, he can put that right by issuing a policy directive to local authorities to get them back on side and prevent them from setting planning conditions for future planning permissions, which require the setting up of management companies and the charging of management fees. He does not have to conduct a survey, await a report of the Law Reform Commission or plead with councillors. He has the power to issue a policy directive, with which local authorities must comply. He can end this practice tomorrow morning by issuing such a directive, which is the first action the motion calls on him to take.

I refer to the second action the Government can take. The Minister of State referred to the difference between apartment blocks and housing estates. The Minister of State, the Taoiseach and the Minister agree the condition for management companies should not apply to housing estates. However, a remedy is open to them. The Minister can issue a policy guideline under the Planning and Development Act 2000, which distinguishes between apartment blocks and housing estates and between services that should be taken in charge, such as roads, water, sewerage, open spaces and public lighting, and those appropriate to private management companies such as maintenance within the curtilage.

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