Joanna Tuffy (Dublin Mid West, Labour)

The Tánaiste stated a few weeks ago that the fair deal legislation was the subject of constitutional issues. The last time the Minister for Health and Children introduced legislation on nursing homes which interfered with the property rights of older people, a couple of years ago, I stated in the Seanad that it was an attack on constitutional property rights and therefore unconstitutional. The Minister said it was not. It was then referred by the President to the Supreme Court and was found to be unconstitutional. If it happens again with this legislation, where will be the credibility of the Minister for Health and Children? This is an issue that needs to be considered closely.

I also wish to raise the issue of the property services regulatory authority Bill. It is stated in the list provided by the Government that the Bill will be published this session. Can the Tánaiste give a commitment that it will be passed this session? It cannot be that difficult to establish legislation whose main purpose is to give legal standing to the National Property Services Regulatory Authority. That authority is already open and has been staffed but it cannot do the work it was set up to do because the legislation is not in place. In the meantime, people who live in buildings managed by managing agents, in the event of a dispute with the managing agent, have nowhere to go for advice——

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