Dáil debates

Wednesday, 23 March 2022

Ban on Sex for Rent Bill 2022: Second Stage [Private Members]

 

10:32 am

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

I congratulate and commend Deputy Cian O’Callaghan on bringing this very important legislation before the House. Our party will enthusiastically support it. What is particularly important about the Bill is not just that it makes the seeking of sex for rent arrangements a criminal offence but also that it seeks to impose criminal sanctions on those who would allow the advertising of such activities. That is a really important part of the Bill. It is something that Government has often been unwilling to do, as we saw for example with the weak regulation of short-term lets and so on.

I also commend the sterling investigative journalism of Ann Murphy from theIrish Examiner. She has been doggedly reporting this story since December of last year. Given how difficult it has been to find many of these adverts, because they are not necessarily on platforms most of us readily use, her work and that of her publication must be commended not only on revealing this but ensuring that the story is placed at the centre of the political agenda. Thanks to the Social Democrats, we are now dealing with legislation on it.

When the story broke in December I along with many other Deputies wrote to both Ministers, Deputies McEntee and Darragh O’Brien, urging them first to clarify whether there was anything in existing law that could be used to prevent this kind of activity from continuing and if not, to bring forward legislation as a matter of urgency. To the credit of the Minister, Deputy McEntee, she replied saying she had raised the matter with the Attorney General and would consider it on foot of his recommendations. I have to say I was a little bit more disappointed with the Minister, Deputy Darragh O’Brien. There is a clearly an argument, in addition to the sanctions provided for in this legislation, to make changes to the Residential Tenancies Act so that, for example, the Residential Tenancies Board could conduct its own investigations where such matters are brought to its attention. I have not heard anything from the Minister, Deputy Darragh O’Brien, to say he is looking at that. Not only do I believe there should be criminal sanctions and fines; I also believe anybody who engages in this kind of practice should not be allowed to be a landlord, full stop. The Residential Tenancies Board and its sanctions regime would be a very strong complement to what is in the current legislation.

When the news first broke, what came to my mind initially was a feeling of what if this was my sister, mother or daughter. When these kind of stories arise, that is the question we should all ask ourselves because when you ask yourself that question, you realise the kind of urgent response that is required from all of us as legislators. I add my voice to all those who spoke today and condemn utterly this disgusting behaviour, particularly when it is targeting vulnerable women trying to get access to the private rental sector, be they single parents, those on low incomes or indeed Ukrainians seeking refuge from war in our country. As other speakers have indicated, condemnation is not enough. We need action. While I appreciate that these are complex legal matters and it is not possible to produce legislation overnight, I am disappointed with one aspect of today's debate, namely, that we are not debating Government legislation because that would be a much quicker way to proceed. This is no disrespect to the proposer of the legislation.

I listened to the Minister of State's statement, which was very considered. However, one thing was absent from it, namely, a cast-iron commitment that the Government would bring forward its own legislation to fix the problems the Government rightly outlines. When a number of us on the Opposition benches, including myself and Deputy Cian O'Callaghan, brought forward legislation to give student renters greater protection last year, the Minister said on the floor of Dáil, sitting in the Convention Centre, he would take that legislation and bring forward his own amendments because it was a quicker way of addressing the issue than going through the committee. I think this is what the Minister for Justice should do. She should contact the sponsors of this Bill, convene a meeting of Opposition spokespeople on housing and justice and work with us to ensure legislation to address the issue is brought forward by Government at the earliest opportunity because that is the quickest way to resolve the matter. We have been in this Dáil and the relevant committee for over two years and have yet to get an Opposition Bill through our committee. Therefore, if it is simply left to Committee Stage, my fear is that it will just sit there and gather dust and more and more women will be affected by this appalling practice.

I urge the Minister of State to take these concerns back to the Minister and urge her to be proactive and work with us. She will find a very willing collaborative approach from those of us on the Opposition benches. The Minister for Housing, Local Government and Heritage also needs to address the many issues raised by other Opposition spokespersons regarding the weakness of regulation in the private rental sector but that is an issue to which we will return at a later stage.

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