Ciarán Lynch (Cork South Central, Labour)

I thank the Ceann Comhairle for permitting to raise this issue on the Adjournment. I ask the Minister for the Environment, Heritage and Local Government to explain the circumstances in which he appointed to the Private Residential Tenancies Board two members of local authorities who are ineligible to serve on the board. As a result of these appointments, more than 100 decisions taken by the board have been set aside. Furthermore, this debate offers the Minister an opportunity to outline the steps being taken to have the board's decisions reconsidered and indicate whether he intends to review procedures for making appointments to State boards.

A question must be asked about the legality of the Minister's appointments. Under the relevant legislation, the Residential Tenancies Act 2004, a person who is a member of a local authority "shall be disqualified" from becoming a member of the board. In light of the unambiguous nature of this statement, has the Minister acted inappropriately and performed his duties in an illegal manner by appointing the two persons in question? A second legal issue arises regarding the matter of redress in the 100 decisions taken by the board since the appointments were made. Has a precedent been set which will expose the Private Residential Tenancies Board to legal liability?

The Minister must answer a further series of questions. Upon whose recommendations were the two individuals in question appointed? For how long had they served before the matter came to the attention of the board? When did it come to the Minister's attention that two appointments had been made illegally? What specific action did he take on receiving this information? What expenses were the two appointees paid for their participation in meetings of the Private Residential Tenancies Board?

It appears from an examination of the appointments process that little consideration was given to the procedures and protocols clearly laid down in the Act, whereas every consideration was given to political cronyism. The Minister's actions are a reflection of a "one for us and one for them" approach. Is this the lesson the Green Party wishes members of the public to learn from its experience in government?

The Minister's illegal appointment of two councillors, one member of Fianna Fáil and one member of the Green Party, to the Private Residential Tenancies Board did not appear to be a source of embarrassment to him when he sauntered into the House this morning before attempting to saunter out again. His lack of embarrassment is typified in his refusal to come to the House earlier to make a statement on the issue and allow Deputies to have a proper debate. Instead, he will read a few lines and walk out the door at the close of business. This is not the way the House should operate.

The Minister was afforded an opportunity to have this issue aired prior to the Adjournment debate, which would allow Deputies to discuss the issue in an informed fashion. Instead, he has chosen to read out the document he is holding to his chest before running out the door.

The Minister's appetite for appointing advisers is well established. We know, for example, that he has a team of six people in his constituency office, four special advisers in his departmental office and three staff in his press office. The total annual cost of these staff to the taxpayer is €800,000. One may have expected someone with such substantial resources at his disposal to have taken time to read the relevant legislation before appointing a member of his party to a State board. The wording of the Act is unambiguous and leaves no room for interpretation.

The immediate fall-out from the Minister's cock-up has been that more than 100 enforcements and rulings have been set aside, resulting in landlords and tenants being left in limbo. No one is certain what is the current position and the long-term fall-out from this development can only be determined when we know the circumstances in which the two individuals in question were appointed and how the matter came to the board's attention. Judging from the legislation, however, the appointments were illegal. What legal liabilities does the board now face?

This cock-up opens up the possibility that the propriety of other appointments made by the Minister since taking office may also be questioned. A full audit should be carried out of all such appointments and a report placed before the Dáil.

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