Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

The first amendment proposed by Deputy Cian O'Callaghan relates to the penalties that should be applicable to non-compliance with the proposed new short-term letting provisions. What is essentially proposed is that the penalties to be applied should be a class A fine with the term of imprisonment being increased to up to 12 months on summary conviction and up to two years on conviction on indictment. As I outlined in my remarks on the Government amendment on this point, it is proposed that the penalties to be applied for non-compliance will be the standard class A fine, which is up to €5,000, six months' imprisonment or a combination of both, with the possibility of further fines of up to €1,500 for each day the offence continues.

These penalties, which will be applicable to both property owners and online platforms, are appropriate and will provide sufficient deterrent or a disincentive effect if properly enforced by planning authorities. In this connection, robust enforcement by planning authorities will be key in ensuring the proposed new short-term letting provisions will have their intended effect. Accordingly, I must oppose Deputy O'Callaghan's amendment on the fines being applied in this regard.

The second amendment proposed by Deputy O'Callaghan would, if accepted, result in the proposed new short-term letting provisions being applicable not only to RPZs but also to other areas in the country. Legal advice provided to the Department in this regard indicates that for a measure to be able to withstand legal challenge, it must be balanced and reasonable as well as proportionate to the objective it seeks to achieve. The principal areas where there is a shortage of long-term private rental accommodation is in designated RPZs, which are the urban areas of the highest housing demand. We need to get more properties into the long-term private rental market to help meet the demand and accommodation shortage in these designated areas. There is less of an acute shortage of long-term rental accommodation in areas outside of designated RPZs where rental prices are not as high. Therefore, having regard to the legal advice provided by the Department, it is likely the measure could be deemed disproportionate if extended nationwide. Deputies will be aware of the specific criteria an RPZ must meet.

Regarding other queries that have been raised about the Planning and Development Act, this new regime, as soon as the law is enacted and the regulations are prepared, will come into effect quite quickly.

Regarding planning requirements, the same criteria that currently apply for the granting of change of use will continue to apply and will transfer over to the Fáilte Ireland registration system. As we pointed out, there are three revisions. The first is that a non-principal private residence in an RPZ cannot accept a booking online. Previously, it was in relation to the property owners. That is bringing more clarity - a clear line of sight. The second redefines so that the Minister can make the regulations in terms of the specific nature. The third relates to the class A fine that I referred to.

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