Dáil debates

Thursday, 22 October 2020

Residential Tenancies Bill 2020: Second Stage

 

8:10 pm

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank colleagues for their contributions and their support. I note that there are amendments tabled, which we will go into in more detail as they are moved. For Deputy Pringle's knowledge, this Bill was not scheduled to coincide with the release of figures for homeless numbers. That happens in the last week of the month. They will be published on Friday next week, as I have done since I took over.

Deputy Buckley spoke about the measures here. We debated other residential tenancy protections in July. I am grateful that many in the Opposition have moved from the position that they had then of opposing that Bill, which afforded protections for those who needed them the most, whose incomes had been affected and jobs had been lost because of Covid. Those protections are in place and they are working. I am glad of that. I accept the genuine concern that Members here had. I remember Deputy Buckley talking about a tsunami of evictions that would happen after the removal of the blanket ban on evictions, which was not sustainable in the manner it was set up. That was the legal advice I had. We transitioned to something far more secure, with primary legislation, namely, the Residential Tenancies and Valuation Act 2020, which came into effect on 1 August. Not only did that provide protections until January 2021, it made some permanent changes, such as to the extension to 28 days of the period for a notice of arrears. That notice of arrears has to go to the Residential Tenancies Board, and the Money Advice & Budgeting Service is involved at that stage. We try to deal with the issue of rental arrears before they become a problem. That is a good thing.

It is important that colleagues are honest, and I note that less than 2% of tenancies ever come into dispute, which is a good thing. Deputy Pringle mentioned the 2004 Act, which many of the section 4 provisions are in. Deputy Pringle made some party political charges about Fianna Fáil and I ask him who brought in the 2004 Act. We have the work that we did earlier in July, which was opposed by many in opposition. I am glad that many in opposition now support this legislation.

To answer the question about what happens should another restriction such as the level 5 restriction come in, these provisions will automatically kick in again. I take the point that Deputy Cian O'Callaghan made earlier about the length of time given to table amendments. The staff in the Bills Office and my Department have worked incredibly hard, and I know Deputy O'Callaghan and others recognised that, including Deputy Ó Broin. While it is hoped it will not happen, if we have further restrictions in future, these measures kick in again automatically. I take the point. I never want to have to bring in legislation on an emergency basis such as this. We are debating all Stages this evening and I will go to the Seanad with the Bill tomorrow. We have already sought and received permission to seek an earlier signature by the President.

There are important measures here. Some have mentioned the provisions in Britain and the notice period. There is not an eviction ban for six months in Britain or the four parts of the United Kingdom. The six months relates to England. It is not an eviction ban but an extension of the notice period. In response to those who mentioned what the Tory Government is doing compared with what the Government in the Irish Republic is doing, it is different. Lest we forget, tenancies of a duration of between one and three years have a 120-day notice period, and for those more than three years, it is a 180-day notice period. The Oireachtas brought in the initial ban in March during the interregnum, with the support of everyone, and I extended it. We then brought in more permanent measures which are needed to protect tenants. Regardless of where we are coming from in this debate, my priority is the protection of tenants. We also have to ensure that protections that come in do not ensure that there is another exodus of the many decent landlords from the private rental market. As I said, only 2% of tenancies fall into the category where they would come into dispute. Others have to recognise that we are losing the mam and pa landlords from the market.

I want to build more public homes. That is why, in the budget that we just passed, there is the single biggest housing budget in the history of the State. I was in Donegal with Deputy Pringle and I was glad that he met me there that day. We were opening public homes. Five different housing estates in Donegal were opened that day. I want more of that. Next year, we have a target of 12,750 public homes, with 9,500 actual builds. This year, the July stimulus has the largest ever voids programme, where we are bringing 2,500 existing social homes back into the stock. Those 2,500 homes will be allocated and mostly occupied by December this year. That is actually being done. When we talk about the provision of permanent homes, that is what I want. I want public homes. We are going to bring forward affordability measures and an affordable purchase scheme as well as affordable rent, which we are working on and will come to the Dáil.

We have to ramp up our housing supply. Deputy Pringle bemoaned the short-term rental assistance measures that have been given. That is not propping up a private market. My Department supports 58,000 housing assistance payment, HAP, tenancies. Does the Deputy want me not to support them? Does he want me to stop funding that so that all those families do not have homes?

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