Dáil debates

Wednesday, 13 July 2022

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Committee and Remaining Stages

 

7:40 pm

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I move amendment No. 1 to amendment No. 4:

In the second line of subsection (1B), proposed to be inserted by section 2(a), after "fine" to insert "or to imprisonment for a term not exceeding 12 months or to both, or on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both".

In relation to my amendments and the class A fines proposed here, the maximum fine in Barcelona for a platform that advertises an illegal short-term let is €600,000. Is it the case that under this legislation the maximum fine is only €5,000, and why such a low fine in comparison with what is being done in Barcelona? Will the Minister of State clarify that fine of €5,000 applies to platforms as well in terms of their advertising? Will the Minister of State provide clarification that the class A fine referred to in his amendment incorporates a possible six months' imprisonment and the possibility of fines of up to €1,500 each day the offence continues?

There is a risk with this that potentially a platform or someone who is on the higher end of the scale in terms of what he or she might be doing here could be making more money from breaches of the law than they would pay out in fines. Why is the Minister of State opting for something so low by international standards?

Why are the RPZs not applying throughout the country? For clarity, there is a case for short-term lets in tourist areas etc., but there is also a strong case to have balance in that regard and to have local authorities being able to enforce the need for retaining some long-term rental accommodation so that people who are working in tourist areas are able to find somewhere to live, which is a real issue at present. There is a housing rental crisis throughout the country, not only in RPZs. That is why I am wondering why areas outside of RPZs are not getting protection here.

Does the Minister of State acknowledge there is a real issue with the way RPZ rules are written because 77 local electoral areas are not currently classified as RPZs and are unlikely ever to be classified as such because of the way those rules are written? They have insufficient data, there are not 30 registrations of new tenancies each quarter that justifies them even being considered a RPZ, and the rules around average rents include cities such as Cork, Limerick and Galway. It would be hoped that some of the rural areas would never exceed the average rents that are defined by the inclusion of those city areas.

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