Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

For several years, many Deputies have been calling for a legislative ban on evictions in order to prevent homelessness. The Focus Ireland amendment, legislation very carefully crafted by one of the country's leading homeless charities, was tabled on up to five separate occasions during the previous Dáil but, each time, it was voted down by Fianna Fáil and Fine Gael. For several years, and particularly since prices in the rental sector reached historic highs, many Deputies have been calling for a ban on rent increases. Although Fianna Fáil initially supported those calls, both it and Fine Gael have prevented the introduction of such legislation. All the while, until Covid-19 cruelly struck, the number of adults and children in emergency accommodation or otherwise experiencing homelessness rose.

What the Covid-19 ban on rent increases, notices to quit and evictions showed was that these policies work. That legislation received unanimous support in the House. Homelessness fell during the previous lockdown by a dramatic 68%, to its lowest level in three years. My strong and sincere view is that the ending of those bans was a mistake. I think that decision was based on conservative and restrictive interpretations of the Constitution by two Attorneys General. Even if new legislation was required to allow those bans to continue, that is the course of action the Government and that which preceded it should have taken. They would have found willing collaborators in that effort among the Opposition.

With the greatest of respect to the Minister, the Residential Tenancies and Valuation Act introduced in July stripped the vast majority of private rental tenants of key Covid-19 protections. Yesterday I received the most up-to-date figures from the RTB for quarters 2 and 3. The figures show that in the quarter immediately after the ending of the ban and the introduction of the aforementioned Act, notices increased fourfold. Almost 80% of those notices to quit were issued on grounds other than rent arrears, meaning those households do not have additional protections in the year of Covid-19. We do not yet know what will happen with those notices to quit. Those matters may well be resolved at some point, but the increase shows that the concerns many Members genuinely expressed in opposing the Residential Tenancies and Valuation Act unfortunately seem to be coming to pass.

That said, Sinn Féin is supporting the Bill. We are doing so because it is better than the current absence of protections for the vast majority of renters, but it is, unfortunately, in our view, very weak. I have tabled several amendments because I genuinely believe renters need stronger protections than those provided for in the Bill. For example, the Bill does not apply to social housing tenants, those living on Traveller-specific accommodation sites, those with licences not covered by the Residential Tenancies Act or those in informal rent a room arrangements. The first two of those categories, namely, social housing tenants and those living on Traveller-specific accommodation sites, will be covered by a different mechanism. I understand that a circular will be issued to local authorities, instructing them not to proceed with evictions. The circular will be in the same spirit as the Bill. I ask the Minister to give an assurance that he and his Department will fully enforce that circular because, unfortunately, I am aware of several instances in which the previous circular was not fully adhered to by all local authorities. It would be a mistake not to fully enforce the circular.

One of my biggest concerns about the legislation is that its protections will only be in force for seven weeks and three days, comprising the six weeks of the emergency period and the ten additional days thereafter, unless the Minister for Health extends the restrictions on travel movements or reintroduces them at a later stage.

Our strong view and the view communicated to Deputies from all parties yesterday of the Simon Communities, one of the country's leading homelessness organisations, is that given the impact of Covid-19 on the rental market, we would be better to have a minimum of a six-month ban, something we will return to when we deal with the amendments.

It is also a mistake to link this ban on evictions exclusively to the public health advice and the regulations restricting movement to 5 km from home. There are other grounds, such as restrictions on the entry of people to one's home or county lockdowns. Again, we can tease out the merits or otherwise of that on Committee Stage.

Of course, there is no mention of rents and the impact that the continuing increase in rents, particularly in a number of counties outside Dublin, is having on security of tenure.

I have tabled 11 amendments. I assure the Minister they are tabled with real sincerity and whether we agree with them at the end of the debate is a separate manner. We had only an hour and a half between the circulation of the Bill and the amendment deadline. I would like them to be teased out. Even if the Minister is not willing to accept them, I want him to consider their merits in case there are further opportunities for legislation or further circumstances that require reform.

It is also a mistake not to allow Part 4 tenancy rights to accrue to tenants availing of this ban who have less than six months on their initial tenancy. The reason for that is the Bill rightly allows for very limited cases of notice to quit where there is, for example, damage to property or serious antisocial behaviour. That was not in the previous legislation and therefore the provision not to allow the accrual of Part 4 tenancy rights for well-behaved rent-paying tenants is not a reasonable proposition.

The ten-day grace period that is being given at the end of the emergency period is too short. For example, somebody who has a notice to quit that expires this Saturday will be able to avail of the six-week ban. The idea that they would then be able to secure a property within ten days after that six weeks, particularly in high-demand areas like Dublin, Cork, Limerick, Galway or Waterford, is extremely optimistic and 28 days, which is the standard final notice period would be much more appropriate.

It is unfortunate that the Bill makes no mention of homelessness. I understand and support the Minister in any legislative measures designed to prevent the spread of Covid-19. Restricting people's travel movements and people moving into and out of houses to make viewings etc. is part of that. However, this is also legislation to stop people becoming homeless. Therefore, there is a rationale to include, within the Long Title of the Bill as part of the purpose of the legislation, the prevention of adults and children from becoming homeless.

I genuinely commend the staff in the Department of Housing, Planning and Local Government. Yet again they have been asked to produce very complex legislation - it may be short but it is legally highly complex - in a very short time. They have done that while at the same time providing members of the Oireachtas housing committee with a detailed briefing. I also commend the officials in the Bills Office, the people who behind the scenes take the legislation from Government and the amendments from the Opposition. They probably worked exceptionally late into the night and came back again early this morning to ensure Bills and amendments are published. The work they do should not go unnoticed by any of us.

Sinn Féin supports the Bill. I welcomed its publication yesterday. However, it is too weak. The Minister could go further, and I urge him throughout the course of Committee Stage to at least consider the merits of our propositions and the sincerity of our amendments. If our wording is not legally watertight, I urge him to at least consider returning to them at a later stage.

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