Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I have listened with great interest to what has been said and appreciate the quality of the contributions from Deputies and the positive manner in which the Bill has been considered. What was involved here was a procedural error, a tactical flaw which casts no reflection on the quality of the tenancies tribunal convened in the period in question. The mistake concerned the unexpired portion of the board's membership for those members appointed to the dispute resolution committee, DRC. There is also doubt as to whether statutory consultation requirements with me, as Minister of State, were properly complied with. It is purely a technical mistake by the board of the PRTB that did not impact on the quality or professionalism of the tribunal hearings. The competence and professionalism of the tribunal is not in question. The procedures adopted were robust and proper and the outcomes and judgments are not in question. That matter was raised by Deputy Charles Flanagan and the decisions arising out of the invalid composition of the DRC will be secured by this legislation.

As of this morning I understand that the decisions have not been challenged. Nonetheless, there could be grounds for legal challenges as regards the manner in which the PRTB was set up, specifically in terms of time resources and reputation damage, which is why I have urgently moved to close off this area. The issue of the invalid appointment of councillors was dealt with in June. The matter in hand today predates the incorrect appointment of the councillors. The PRTB has undertaken an audit of compliance with legislative requirements and reported to its board and to me on this. No similar issues were identified, and I am sure that enhanced corporate governance and oversight processes are now in place.

Deputy Hogan raised some serious matters that are of concern to me as well. I intend to deal with those matters under the housing Bill that will come before the Dáil in a month's time. It has already gone through all stages in the Seanad. It would therefore be inappropriate to have those concerns included in emergency legislation, such as this. However, I intend to address them and look forward to suggestions in that regard, both from Deputy Hogan and Deputy Lynch. This is new legislation and a new board and the legislation referred to allows for this type of review, in any event. I hope, we can together see what is best for the legislation in the review of the housing Bill, so that eventually it may be of benefit to the tenant, the landlord, and everybody else.

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