Brian Cowen (Laois-Offaly, Fianna Fail)

This is in order to ensure that what is known as a dispute resolution committee is set up under section 159 of the Residential Tenancies Act, which empowers the board of the Residential Tenancies Board to establish such a committee and to delegate functions and appoint members to that committee. It came to the attention of the Department that the three-year rule set out in section 159(2) was not complied with in respect of ten members of the board, which was as a result of the board making those appointments as per the Act. As a result, it is important not to have open to legal challenge the work of those tribunals.

I do not think anyone questions the competence and professionalism of those tribunals — that is not in question. However, having to revisit those cases on foot of a technical procedural error would not serve tenants, landlords or the taxpayer well. The solution, therefore, is for emergency legislation to validate the appointments to the dispute resolution committee and the associated work undertaken by the committee and its members. This was approved this morning by Government and is being discussed in the Dáil today. In order to ensure that it not be open to legal challenge, we bring it this afternoon to go through all the procedures.

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