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

I thank the Chair for that intervention. With regard to the resolution issues dealt with in the Bill, in 2010, 59% of applications for dispute resolution were from tenants and 37% from landlords, with only 4% from third parties. Therefore, a substantial number from both sides are not happy with what is happening on the ground. I assume the third-party applicants who represent 4% of the total are there because of anti-social issues, which is not acceptable. People who are getting rent from the State should respect the fact they are getting money, and they should use it wisely and try to do their best to get on with their lives. From 2000 to 2010 there was a 93% increase in tribunal hearings and, despite the increase, waiting times for tribunal hearings decreased from six to eight months in 2007 to two to three months in 2009 and 2010. It is clear many cases are being dealt with under the legislation.

It is important to note the intention of the Bill, which has five main sections. Those tenancies in the voluntary and co-operative housing sector that most closely parallel private rented tenancies are being regulated under the Act. This will give tenants in the voluntary and co-operative sector the same rights as tenants in the private sector, which is a positive aspect of the legislation that I strongly welcome. We need to give all tenants in the voluntary and co-operative sector these same rights.

The agency responsible for regulation of the tenant-landlord relationship, the PRTB, is being renamed the residential tenancies board, or RTB, which makes it shorter and sweeter. Formal effect will be given to the merger of the rent tribunal with the residential tenancies board. I note there is a reduction in the size of the board from 15 to 12 members. Measures to increase the take-up of mediation as a key dispute resolution mechanism are proposed; this is also important. When issues can be resolved through mediation, this must be welcomed. We need to stop the spending of money on crazy situations so I welcome these measures to increase the take-up of mediation.

There are several main themes running through the legislation, including dispute resolution services and statutory regulation of the voluntary and co-operative housing sector. Section 6 of the Housing (Miscellaneous Provisions) Act 1992 enables housing authorities to provide assistance to approved housing bodies, limited companies and trusts incorporated under the Charities Acts. Under section 6 of that Act, a housing body must have as primary objects the relief of housing needs, poverty, hardship or the welfare of Travellers, and the provision and management of housing.

This brings me to the issue of poverty and Travellers, and we must face up to the reality of this. It is not acceptable for a Minister or Deputy to be involved in any situation that damages the prospect of accommodation for Travellers who genuinely need housing. I do not play the blame game, as many others do. If some Travellers are involved in anti-social behaviour and crime, that is their problem, but one cannot label the whole community because of the actions of a minority. Some members of the settled community are involved in drug gangs and crimes in Dublin city, as I know well, but we do not blame the whole community on the north side of Dublin. I was extremely disappointed to see the Minister for the Environment, Community and Local Government, Deputy Hogan, and other Ministers taking a very anti-Traveller line. This is not acceptable from a Minister responsible for the environment and for housing itself. People have rights and deserve to be respected. By all means, if somebody is involved in anti-social behaviour or crime, he or she should be hammered as in any similar situation and the law should apply equally. However, the minorities within this State have to be protected and I would challenge any prejudice against them, although it might not necessarily be politically correct to stand up for the vast majority of Travellers in Irish society who are trying to be fair and decent. I commend groups such as Pavee Point, which have done much in the area of education for Travellers as well as in the area of housing, and which work closely with different bodies. Politicians should be dealing with racism and prejudice and should be trying to help people move away from these attitudes. We should also focus on education. Pavee Point has done fantastic work with groups of women and some fantastic people have passed through the centre in Dublin due to the old-fashioned idea that education leads to the liberation of such people. We should be encouraging this, not cutting back on it.

Much similar work on tenancy legislation was undertaken in New Zealand, where the law requires that a landlord who takes a deposit, sometimes called a bond, from a tenant, must lodge it with the Tenancy Services Centre within 23 working days of receiving it. When the tenant wants the bond back, both the tenant and the landlord must complete a bond transfer, which is sent to the Tenancy Services Centre. Tenant and landlord must state on the form the amount they agree to be refunded to each party. Many disputes between tenants and landlords in New Zealand are resolved by mediation, which is organised by the Tenancy Services Centre to help landlords and tenants talk about and solve their problems. A mediator helps tenants and landlords discuss the problem, identify the issues and reach a workable solution. If agreement is not reached, the next step is to go to the Tenancy Tribunal for a court hearing.

The PRTB report of 2009, which is independently authored, cites the successes of the New Zealand scheme and states that it supports the effective operation of the residential housing market, supports tenants and landlords in making well-informed decisions and operating with confidence in the rental housing market, and resolves disputes. Online applications to the dispute service and an online registration system are currently being developed. Some 72% of applications for dispute resolution were resolved out of court, which is a fantastic achievement. The increasing use of telephone mediation services results in the resolution of disputes without the need for landlords and tenants to physically attend appointments. The majority of bonds, some 82%, were refunded, and speedy resolution of disputes was achieved. What has happened in New Zealand is important for us to consider.

I referred earlier to Focus Ireland and Simon Ireland, as it is now called, but there are also many smaller groups that do great work on homelessness. One voluntary group I encountered recently is Stepping Stone, which has been providing homes to people who are homeless or at risk of becoming homeless. Perhaps the Minister of State knows of the group. I suggest it would be a good idea to work closely with it.

We must face the reality that 2,366 adults accessed homeless services. The Minister referred to the low number of people sleeping rough. On 7 November I asked the Minister in the House about the number of homeless people. The response was that on 6 September 2012 the Central Statistics Office published its special census report, Homeless Persons in Ireland, which indicated that 3,808 persons were either sleeping rough or in accommodation designated for the homeless on the night of 10 April 2011. The rough sleeper count was 64, with 59 of those people located in Dublin. The Minister said that it is not tolerable that anyone should sleep on the streets but that it is important that homeless figures released are not confused with the number of people sleeping rough. The vast majority classified in the Central Statistics Office’s report as homeless are in long-term emergency accommodation. In a previous life I was a full-time worker with the Simon Community, now called Simon Ireland. I was also a soup-runner in Dublin for a couple of years in my youth. Three of us used to go around in a car and make calls. We would get between seven and ten calls a night. We used to do it on Thursdays. Sometimes one would come across nine or ten other cases. When I hear that the number for people sleeping rough in Dublin is 59, I know for a fact that the figure is higher.

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