Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

-----the bottom line is that there is a constitutional issue as well. Let us not pretend there is not. The ban came in during lockdown because a lockdown restricts movement. It gives a basis to prevent evictions because of the constraint on people's movement and then the danger of becoming homeless if evicted and so on. The Minister, therefore, will bring in legislation that will be effective from the duration of this lockdown and this level - that is, level 5 - which will prevent any evictions in that context.

Of course, the Minister also introduced the earlier legislation that was referred to, namely, the Residential Tenancies and Valuation Act 2020, which came into effect on 1 August. That also protects tenants against experiencing rent arrears and who are affected by Covid-19. It also protects them from eviction and applies nationwide, of course, subject to the tenant making an appropriate declaration. It is my understanding that is there until 11 January and can be reactivated or kept going. The Minister will, however, bring measures before the House to prevent evictions in the context of level 5. His legislative solution will enable automatic application of the law if we move from a particular level to another where restrictions are brought in that restrict the movement of an individual as level 5 does with the 5 km rule.

In and around the rent freeze, rent control measures are already in place, some of which, if I recall, the Deputy introduced originally. They are still in place in terms of the rent control zones but, again, in terms of the legislation the Minister introduced earlier this year, the capacity exists to protect tenants under that Act. As I said, there will be engagement with the banks on this. They are obliged to deal with the codes and the Central Bank has a role in that. The European Banking Authority created a regime which facilitated member states to bring in and to work with the banks which would not affect the borrower's credit ratings. That was important.

See this speech in context