Dáil debates

Wednesday, 21 November 2012

Residential Tenancies (Amendment) (No. 2) Bill 2012: Second Stage (Resumed)

 

5:50 pm

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein) | Oireachtas source

I welcome the opportunity to speak on this Bill. The Residential Tenancies (Amendment) (No. 2) Bill is important as it should, at least in theory, protect all those in the rental housing accommodation sector. As it stands, however, it fails to achieve this aim in many key respects. Sinn Féin is of the view that this is a weak Bill and that it is best described as more of an exercise in window dressing than a serious effort to deal with the issues and concerns of tenants. We will be supporting it, however, as we feel it is an important step in the process of safeguarding the rights of tenants in Ireland. That said, we will submit a number of amendments to the Bill to which we hope the Government will give serious consideration.

For example, the Bill excludes large numbers of tenants who live in housing provided by approved housing bodies, AHB. Indeed, Focus Ireland is of the view that the proposed legislation goes even further in that it excludes all tenants where any member of the household is in receipt of any form of HSE-funded care. Essentially, this means that AHB tenants will be excluded from the provision in the Bill that affords tenants security of tenure after six months. In response, Focus Ireland has suggested that the Bill should only exclude short-term emergency hostel-type situations and that multiple short-term licences should not be used to deprive a tenant of his or her rights. Sinn Féin agrees with the Focus Ireland position and we will seek amendments accordingly.

Our concerns do not end there. For example, Sinn Féin is also concerned that local authority tenants are excluded entirely from any protections that the Bill might afford them. We are not of the view that local authorities or, for that matter, approved housing bodies, automatically make good landlords. Even if they are in some instances more reliable than the private market, this in itself is not sufficient grounds for not offering local authority tenants the support and protection of the Private Residential Tenancies Board. Indeed, it is quite reasonable to suggest that inclusion of such tenants in the Bill would serve to strengthen co-operation between local authorities and tenants in dealing with problems and that the Private Residential Tenancies Board would in this way provide both groups with an important supporting role.

It is important to emphasise that the exclusion of local authority tenants from the Bill is in direct contradiction of the Government's housing policy statement from 2011. This statement promised that there would be no hierarchy of tenure. Ironically, in less than a year, it would appear that the Government has chosen to disregard this promise and to go down the route of institutionalising the same hierarchy which it promised would not happen under its watch. Sinn Féin is not in favour of this hierarchy and of the exclusion of local authority tenants from the Private Residential Tenancies Board. We will submit amendments in an effort to rectify this issue.

It is also important to highlight the Private Residential Tenancies Board's role in helping to deal with incidents of anti-social behaviour, and to mention its potential role in ensuring better conditions for people on rent supplement. It is important to state that the Private Residential Tenancies Board is dependent on Government support and funding to carry out its remit efficiently and in a timely manner. In this sense, it is vital the board has adequate staffing levels and increased funding.

I reiterate that Sinn Féin supports this Bill. However, it is a weak Bill and, therefore, we will submit substantive amendments which we hope will find cross-party support.

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