Darragh O'Brien (Dublin North, Fianna Fail)

That is not the case in Fingal. Deputy Lynch might pass to the leader of the Labour Party that he should, perhaps, exert some control over his councillors so that they actually practise what Labour is preaching here in the Dáil.

Several Deputies have referred during the course of the debate to the need to regulate apartment management agents and mediate between agents and apartment owners.

As set out in the counter motion tabled by the Minister of State with responsibility for housing, the Government is committed to bringing forward legislative proposals in response to the Law Reform Commission's report on multi-unit developments. The Government's legislation programme for the current Dáil session, published in September, listed two important items of legislation for regulating this area. The property services regulatory authority Bill will establish a regulatory authority on a statutory basis. Its primary task will be to operate a licensing system for auctioneers, estate agents and property management agents and to improve standards in the provision of property services by licensees.

The authority will specify and enforce qualification requirements for licences, including levels of education, training and experience and other requirements such as minimum levels of professional indemnity insurance. The authority will establish and operate a system for investigating and adjudicating on complaints against property service providers. In this context, the legislation will refer to the possibility of resolving disputes by mediation between the parties concerned. With a view to improving client protection and ensuring clarity with regard to the services being provided by a licensee, the legislation will require that property services agreements be entered into between service providers and their clients. Such agreements will specify the services to be provided, fees payable by the client, details of redress procedures etc.

In the planning area, the Law Reform Commission made a number of recommendations in its consultation paper issued in late 2006. It recommended a review by planning authorities and the Department of the Environment, Heritage and Local Government of planning and housing policy relating to multi-unit developments. It identified issues relating to the physical nature of such developments, such as their size, configuration, facilities and location. In particular, the commission considered that in the past far too many multi-unit developments had not been built to suit families, which was undesirable in terms of sustainability. The commission also recommended that guidelines should be issued on the taking in charge of estates.

I am aware that in its final report the commission commended the progress made by the Minister and his Department on these matters, noting that in the period since the publication of the consultation paper, the Minister has published a suite of planning guidelines focused on planning and a sustainable built environment. These include, in particular, Guidelines for Planning Authorities on Design Standards for New Apartments, published in September 2007. These promote successful apartment living for individuals and families, by responding to people's reasonable demand for well-designed apartments, particularly in terms of better internal space standards, including storage areas.

I understand also that the Minister has finalised and will shortly publish Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas, which is accompanied by a best practice urban design manual. These guidelines will promote high quality living standards in new residential developments, encourage higher density developments at appropriate locations, such as those with access to public transport, and emphasise that new residential development must be integrated with facilities and services for the new community and promote energy efficiency. In addition, the Department of the Environment, Heritage and Local Government published comprehensive guidance on the taking in charge of residential developments and management arrangements in February 2008.

In its final report the commission stated that it considered these guidelines to planning authorities should have the status of policy directives. While I understand that the Minister does not agree that directives are appropriate, as guidelines of their nature allow a degree of latitude and discretion in their application, consideration will be given to including a provision in the Planning and Development (Amendment) Bill to replace the current requirement that planning authorities should "have regard to" ministerial guidelines with a stronger provision which would require them to adhere to or substantially comply with such guidelines. This amendment will have the effect of substantially implementing the commission's recommendation.

In its final report the commission also recommended that the wording of section 180(6) of the Planning and Development Act 2000, which allows occupiers as well as unit owners to vote on the question of taking in charge of a multi-unit development, be reconsidered in light of the practical difficulties pertaining to the current wording. I welcome the fact that such an amendment is being considered in the Planning and Development (Amendment) Bill, and also welcome the full range of actions being taken by Government in this important area.

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