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

I will be as brief as I can, if that is okay with the House.

I cannot accept amendments Nos. 16 to 18, inclusive, which seek to amend paragraph (c) of the new subsection 1A of section 12 of the Planning and Development, and Residential Tenancies, Act 2020 as proposed to be inserted into that Act by section 1(d)(ii) of the Bill. The new subsection 1A of section 12 applies as per paragraph (c) of that subsection to a notice of termination grounded on rent arrears and served on a tenant during the emergency period, specifying a termination date that falls on or after 13 April 2021 and before 13 July 2021, that is, it falls during the three-month extension provided under this Bill. Paragraph (a) of the new subsection 1A of section 12 provides that, subject to paragraph (b) of that subsection, if the tenant is protected by the Planning and Development, and Residential Tenancies, Act 2020 and subsection 1A applies in their case, the specified termination date shall be deemed to be 13 July 2021.

This measure provides the benefits of the enhanced protections to all relevant tenants until 13 July 2021. To reiterate, the protections under the Act will help any tenant in financial difficulty while they are seeking income support from the State to help pay their rent. We are abundantly clear that it is an extension of protections.

To conclude, paragraph (b) of the new subsection 1A of section 12 provides that if the Planning and Development, and Residential Tenancies, Act 2020 protections cease to apply in regard to a relevant tenant, the protections under paragraph (a) shall also cease to apply ten days after. This affords a grace period for tenants to find alternative accommodation.

I cannot accept amendment No. 16. The text of the Bill and the Planning and Development, and Residential Tenancies, Act 2020 have been carefully considered from a policy but, more importantly, from a legal perspective, with the advice of the Office of the Attorney General, which is the law agent of the State and of Government. Others will say that should they be in government, they would seek to have some compliant Attorney General, but the Attorney General's job is to protect the Constitution and to uphold the law. I certainly follow the advice of the Office of the Attorney General. These protections are carefully targeted to safeguard those tenants most in need of protection, that is, those tenants in rent arrears due to Covid-19 and who, consequently, are at risk of losing their tenancy. Amendment No. 16 seeks to broaden the scope of the Planning and Development, and Residential Tenancies, Act 2020 to cover notices of termination that do not relate to rent arrears. In line with the advice of the Attorney General, the Planning and Development, and Residential Tenancies, Act 2020 carefully limits and balances the constitutionally protected property rights by targeting the help at the most vulnerable tenants, as is appropriate, that is, those in rent arrears due to Covid-19 or at risk of losing their tenancy.

In conclusion, this short Bill seeks to extend the existing protections under the Act for tenants in rent arrears for a further three months until 12 July 2021. It does not propose to amend the Planning and Development, and Residential Tenancies, Act 2020 in any other regard. I cannot accept amendment No. 16 nor amendments Nos. 17 or 18, which propose to provide protections beyond 12 July 2021. What I will do, as I have given a previous commitment to do, is ensure this is kept under review. As we all know, this pandemic does not necessarily conform to plans that are set down. Therefore, should I or the Government deem it appropriate to come back to review and revise the protections that are there, I will do so and I have done that in the past already.

I hope that Members opposite, who opposed the original Act that affords these very important protections that they say they seek to keep and to extend, will actually support this Bill to ensure those who need the protections get those additional protections against eviction and against rent increases until July of this year. I hope that, at this late stage, they will see fit to support and protect those who are most at risk of eviction in that regard.

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