Finian McGrath (Dublin North Central, Independent) | Oireachtas source

They signed the Simon pledge when they were in opposition. We all signed it. I remember signing it, but I did not know how many were involved. The Minister of State now has a chance to take action and it is up to her to take that opportunity. From what I have heard, no major attempt is being made to slash the budget in this area, which I hope is true. I wish the Minister of State well in this regard.

Certain issues should be treated as priorities in an economic downturn. Homelessness and the housing of poorer families and the 97,000 receiving this form of welfare assistance are of particular relevance in this regard. We need less talk and more action to deal with these matters. I have already made the economic argument, which is that if we do not take action now, it will cost more to do so in the future. A very good recent survey in the United States which tracked a homeless person found that the failure to take action in that case ultimately cost the US taxpayer $100,000. If the man in question had been placed in an apartment, with a small level of support, it would have cost the taxpayer just $25,000. There is an argument that not intervening to help homeless persons will ultimately cost the taxpayer more because the State will have to spend money to provide other services.

When we talk about this legislation, it is important to refer to tenancies and persons in rented accommodation. It is all very well to complain about these matters when one is in opposition, but it is important to make suggestions, too. I ask the Minister of State to consider three or four proposals to deal with the housing and homelessness issues. I will refer to some other issues after I have focused on these recommendations. First, I urge her to consider the provision of 24 hour accommodation with on-site staffing support for those in emergency accommodation. Second, I would like the resources allocated for visiting supports, to help people moving from homelessness into their own homes, to be increased on the basis of the SLI initiative in the Dublin region. Third, I am calling for long-term supported housing to be provided to support those who are unable to live on their own and require ongoing support. Fourth, I would like homeless action teams to be allowed to develop a case management process, providing for move-on options for persons who are homeless, on a pilot basis. I ask the Minister of State to consider my proposals.

The Bill seeks to amend the Residential Tenancies Act 2004 and the Housing (Miscellaneous Provisions) Act 2009. Its objective is to streamline and simplify these Acts and reduce delays in the disputes resolution service of the PRTB. It also provides for the inclusion in the remit of the Residential Tenancies Acts of tenancies in the voluntary and co-operative housing sector, to which I will refer. The Minister of State has said the issues of rent arrears and deposit retention are not addressed in this legislation, but she intends to deal with them at a later stage in the legislative process. If that is true, I welcome it. I stress that we need to stick to the plan, as we need action rather than words. The Irish are a great nation to talk. The Government is great to talk, as Deputy Paschal Donohoe would tell anyone in Dublin Central, but we need more action on the ground. We must deliver on these issues.

We have to look at the debate about rents, tenants and allowances. We should talk about it, rather than run away from it. I believe strongly that cuts and changes in the payment of rent allowance to the poorest tenants in the private rented sector have been very bad for many of the people in question. In recent years average cuts of 28% in the maximum rent a person on rent allowance can pay have created real difficulty and hardship, including homelessness, across the State. I ask the Government to keep an eye on this issue. Focus Ireland and the Simon Communities of Ireland are very concerned about it. They are worried that rent supplement has been cut by too much in the past couple of years. As the Minister of State knows, this payment is made to 97,000 people on social welfare who are living in the private rented sector. It costs the State approximately €500 million per annum. I refer to the reported comments of a former general secretary of the Minister of State's party:

Mike Allen, head of advocacy with Focus Ireland, said rents had not come down and in some areas had gone up, forcing significant numbers of tenants into housing that did not meet legal standards and others into homelessness. The cuts were also preventing homeless people finding accommodation.

The people working on the ground are telling us the real story about the scale of the problem.

I would like to focus on some aspects of the legislation. Section 3 amends section 3(2) of the Residential Tenancies Act 2004 to provide that dwellings let by approved housing bodies will be exempt from the provisions of the Act where the dwelling is occupied by a household that has been assessed as having a housing need, and a member of that household is in receipt of care support services. Under the current legislation, all dwellings let by approved housing bodies to households assessed as having a housing need are exempt from the provisions of the Act. A definition of "care support services"’ is also set out for the purposes of the exemption. When we talk about "care support services", it is important that we focus on efficient services. When I talk about care support agencies, I always emphasise that we can have all the legislation and wonderful policies in the world, but we must also have the right people doing the right jobs to serve the people. The right people of the appropriate quality are needed to work as teachers, gardaí, care support workers and special needs assistants in order to prevent the cock-ups, hiccups and problems for which politicians are often blamed. The point I am making about section 3 is that the care support agencies have a responsibility and a duty to ensure the right people are working in the right places.

It is important for us to adopt a common sense approach when we talk about what the PRTB has done since it was established in September 2004. One of its main functions is to mediate where there is disagreement between landlords and tenants. When a landlord takes on a new tenant, he or she is legally required to register the tenancy with the PRTB and include the names and details of the tenants in that documentation. The landlord pays the PRTB a fee per tenancy. It is important for us to focus on the fact that the most common complaint made by tenants relates to the refusal of landlords to refund deposits. Such complaints accounted for 72% of all cases taken by tenants in 2010. The most common complaints made by landlords relate to rent arrears or breaches of tenancy obligations. Such complaints accounted for 68% of all cases taken by landlords. Orders made by the PRTB are legally binding. If a landlord or tenant is dissatisfied with a decision of the board, legal recourse to the High Court is permitted on a point of law only. The costs involved in taking such a court action may be prohibitive for many landlords and tenants. I mentioned the issues involved in 72% of cases taken by tenants and 68% of cases taken by landlords. I suggest something is being ducked and dodged. There are major problems in this regard. Last week I dealt with the horrific case of a mother of three children who had been thrown out by her landlord without proper notice. They had to go to Threshold and the PRTB to complain about the way the matter had been dealt with. I had to deal in my clinic with a major child abuse issue in addition to a housing need. This should not be allowed to happen. They ended up going to the homeless section of Dublin City Council and were placed in bed and breakfast accommodation with people who were dysfunctional.

It just did not work. The poor mother of three just walked out and is currently living with a family member, although I am currently trying to push for housing to be found for her. The landlord knew the situation and the person was paying her rent, yet he acted in this cold-blooded manner. That is one example from the landlord perspective. Equally, I know of a tenant who was violently threatening a female landlord on the north side of Dublin. In that situation, he did not even bother paying his rent although he was getting the rent from the State. That is also going on out there.

I make the point that there is no simple cure. The Minister said there is no magic bullet and she is right. It is a complex issue and difficult situations arise. There is a lot of bullying and intimidation happening in the private rental sector, which is why we need policing and regulation. God knows, we all know about regulation and this country has suffered from the lack of it in recent years. People might call it regulation but I see a need for good old-fashioned public servants, people who are doing their jobs effectively. We need to watch this issue, and it is not just a matter for the Government or for the Minister but for all of us. Tenants who are getting money from the State through rent supplement or landlords receiving rent need to act with respect and in a dignified manner.

See this speech in context