Tommy Broughan (Dublin North East, Independent) | Oireachtas source

I move amendment No. 7:

In page 14, line 21, to delete "10 working days" and substitute "21 working days".

Amendment No. 6 in the name of Deputy Maureen O'Sullivan had the same idea as this one which addresses the time limits in section 2. Many believe a ten day period is too short. In amendment No. 8 Deputy Dessie Ellis proposes a period of one month.

My amendment aims to offer tenants, particularly those at risk of losing their homes under the section 2 process, more time to manage the issue. Most Deputies who have reflected on the Bill believe ten working days is too short. In terms of social protection, for example, we are used to a 21 day period for appeals.

Section 12 relates to proceedings initiated by the housing authority to recover possession in circumstances where a household has breached a tenancy agreement. A tenant and family losing a home is a matter of such grave importance that an appropriate amount of time must be afforded to allow people to prepare for proceedings in the District Court.

As the Minister of State knows, it is critical that fair procedures be guaranteed under all legislation. The principle of equality of arms in legal proceedings must also be respected in order that tenants have adequate opportunities to obtain legal advice and have representation. In Focus Ireland's submission on the general scheme of the Bill it highlighted the short timeframe of ten working days. That timeframe has not been changed. I understand Focus Ireland has called for at least 30 working days, which is longer than one month. I propose 21 working days which is in line with Deputy Dessie Ellis's proposal and would afford a person subject to proceedings under section 12, 13 or 17 approximately one month in which to prepare for them.

Section 13 relates to the recovery of possession of dwellings that are unlawfully occupied. The minimum notice period to be afforded by the housing authority to the person or persons occupying the dwelling is ten working days.

Section 17 relates to the recovery of possession of local authority dwellings in circumstances where the tenants have died and the properties are occupied by persons not entitled under the Bill to become tenants. The minimum notice period in this regard is also ten working days. This tiny period is particularly unfair, as the substantive provisions of section 17 could directly affect family members who have suffered a bereavement, a difficult time in their lives.

The Northside Community Law Centre which provided me with a briefing on the Bill and its submission on the general scheme has rightly pointed out that there is a gap in the law, in that section 17 is silent on what should happen in circumstances where a person's application to succeed in a tenancy is, on the one hand, refused and, on the other, the District Court judge handling proceedings taken under section 17 refuses to grant an application by a housing authority to recover possession of the dwelling. There appears to be a lacuna in the law in circumstances where the local authority does not succeed in the District Court. The law centre has asked what are the obligations of the local authority in such cases. Perhaps the Minister of State might accept my amendment or introduce another to close this apparent gap.

There is a strong feeling the ten day periods outlined in these sections are too short for justice to be done and proper preparations to be made for court cases. The Minister of State should reconsider them.

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