Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

The proposed amendment uses the term "A tenant in all dealings with a local authority" should have the right to an advocate. Therefore, we are talking about all dealings with a local authority, not just dealings relating to eviction.

I agree we need good practice for all and if it is necessary for me to communicate more fully with local authorities with regard to this, I will do that. However, it is the duty of the local authorities to treat and deal with their tenants properly. In cases of illiteracy, language difficulties and complex legal issues, if a tenant wants an advocate, an advocate should be present.

That is generally facilitated by all local authorities, in my experience. The difficulty with including it as a blanket requirement is that it will very quickly become the norm. Then people will think that unless they bring their doctor or lawyer along, somebody else will get treated better than them vis-à-visa particular house or issue. That has happened in other areas whereby certain rights have become the norm. I would be concerned that this would affect the straightforward relationship between the landlord and tenant, the landlord in this case being the local authority. By and large, meetings can take place without the presence of others being necessary. Indeed, having to arrange the presence of another could be problematic too - does the tenant find the advocate or is there an obligation on the council to do so? How much additional time would that take? I am concerned at the practicalities of this and am reluctant to put into statute a provision giving tenants the right to an advocate in all dealings with a local authority. I am concerned that it is going too far and will, to some extent, tie the process up in knots and make it more difficult. Sometimes a number of meetings with the local authority will be necessary on a particular issue and I believe it is impractical to put this into the legislation.

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