Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

Many of us would have seen the scenes at the evictions on North Frederick Street, Dublin, in particular, but also in Strokestown, County Roscommon. In many instances, the personnel involved did not conduct themselves in anything like an acceptable way. The behaviour was heavy handed in some instances. It was violent and, in many ways, it was, quite frankly, scandalous. At the time, there was a great deal of disquiet, in particular that the gardaí seemed to have very little ability to intervene or that there was almost a carte blancheafforded to the private security personnel involved.

Following these evictions, in particular those on North Frederick Street, I contacted the Private Security Authority to make a complaint because I was upset and angered. I was horrified to learn that personnel involved in the enforcement of evictions did not fall under the remit of the Private Security Authority. The enforcers at North Frederick Street and Strokestown, who hid their faces behind masks and acted in the most aggressive manner, were not accountable to anyone or to any body. There is no licensing, no training, no means of making a complaint or no redress for those who may have been wronged by them. These are just the instances that were recorded or came to media attention. Doubtless, this is an issue which has arisen in dozens of cases, or perhaps more, throughout the State. In every county in Ireland, banks, financial institutions and powerful organisations hire anyone they want to enforce evictions and court orders and who can do anything they want with no accountability or recourse for complaints.

I brought the legislative loophole to the attention of the then Minister for Justice in 2018 and he pledged to address this. While there was talk of an interdepartmental group, there was not much sign of progress, quite frankly. It was on this basis that Deputy Kenny and I brought forward a Bill in 2019, which was debated last year. I welcome the fact the Minister of State, Deputy Browne, and the Minister, Deputy McEntee, did not oppose that legislation. The Bill was supported across the Dáil when it was debated in November. It is long past time that we dealt with this issue, due to the severity of the situation and the need to step up and protect those facing evictions.

It is incredible when one thinks that this is the most emotive and the most potentially fractious and violent area that could involve private security and yet this light touch-regulation exists. People who provide security in bars, restaurants and shops are subject to much more oversight and regulation. It is right that they are subject to oversight and regulation, but they are subject to far more oversight and regulation than those involved in enforcing evictions and other forms of court orders. At this point in time the person working at the door of Penneys is subject to more regulation than the person who has the authority to force a family out of its home, and that is completely wrong.

The least people expect is that the Government would demand the same level of accountability and transparency from security personnel enforcing eviction orders as we expect from those who work security at the door of a pub or in a shop.

In many of the violent evictions that have been widely publicised, the personnel involved displayed no visible identification. They wore masks and there was no way to determine who they represented or what right they had to enforce an order or the conditions of same. It is totally unacceptable that masked men would be given free reign for so long to turf people out of their homes without even the basic constraints of transparency. The least we should expect is that those who seek to act violently and those who have such power are subject to legislative standards, oversight and licensing, and subject to complaint and investigation mechanisms.

I welcome that the Government has acted and brought forward this Bill, but we cannot simply deal with the issue of regulation. Our focus must not only be on this area but on stopping wrongful evictions. The events on North Frederick Street and Strokestown struck a cord with people the length and breadth of Ireland - the callous behaviour was evident. It hit a raw nerve and it was a reminder of history and heritage and the fact that hundreds and thousands of evictions took place right across this island, in every parish, over the centuries. There is a concern that wrongful and forceful evictions may increase if this housing crisis escalates.

Evictions hit a raw nerve for people in this country. The event of the Famine and the Land War are seared into our collective memory. It is a very emotive image, to think of families being forced out of their home unjustly, because they cannot afford their rent or mortgage payments. The reality of it is that evictions could happen because there are many people across the State, particularly during the Covid crisis, who are out of work and at the pin of their collar as bills and debts mount up.

The absolute worse thing the Government could have done was to lift the ban on evictions, which was keeping families in their homes. Removing the ban would leave tenants vulnerable once again. I urge the Government to reconsider this and to extend the ban until at least the end of 2021.

Regulation may stop people with no vetting and background checks participating in the enforcement of court orders, including evictions, and that is a good thing. However, it will not prevent evictions in the first place or wrongful evictions. The Government has so far refused to bring forward workable solutions to the housing crisis and is continually, including this week, voting against measures brought forward by the Opposition. Indeed, the Government has been responsible for allowing a loophole, or legislative situation, that allows investment trusts to pounce and grab dozens of homes in housing estates, which occurred in Maynooth recently and in other places, and denying people the chance of owning their own home. There is a whole generation that wonders whether it will ever have the possibility of having a permanent home, whether that is due to the local authority housing waiting lists or because the affordable housing scheme the Government has spoken about is not practical for a start and the costs being talked about are beyond the reach of many.

Until we deal with all those situations, there will still be pressure on people with mortgages that are overextended and who are under very severe pressure. The Government must implement the Focus Ireland amendment to prevent evictions into homelessness. We need radical change in tenancy law to ensure tenants can have contracts of indefinite duration. If the Government is serious about protecting tenants, then this Bill must be just the first step in legislative changes to protect tenants from unfair evictions in the first place.

Having said all of that, I welcome that the Government supported our Bill in the past and we will, accordingly, support its Bill, which achieves the same objectives. I hope it can pass into law at an early juncture.

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