Dáil debates

Wednesday, 26 October 2022

Residential Tenancies (Deferment of Termination Dates of Certain Tenancies Bill 2022: Committee and Remaining Stages

 

7:22 pm

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

I thank the Leas-Cheann Comhairle and the Deputies for their contributions. At the outset I also want to thank all of the Deputies for their support for this very important legislation which needs to come in expeditiously and urgently. That is the reason for the truncated nature of the Committee and Remaining Stages, which the Members understand. I need to get this legislation into the Seanad and into law. I did not want to give too long a lead time in flagging it either because that could have other unintended consequences in signalling that something was happening, leading to a further flight.

There were a number of comments on a general basis and I will keep my remarks short, because I appreciate that people want to get to other amendments.

We actually had a good debate this morning on housing policy, on the provision of social homes at a scale that we have not seen in decades, as well as on the need to increase supply. The debate was also on the need to have a functioning private rental sector and to expand cost rental. Deputy Boyd Barrett and his colleagues brought forward that motion and I believe that the debate was a good one where we outlined the issues. I am not going to replay that debate by referring to what we said already, which is that we know we are delivering more stock this year.

I also want to address the notices to quit and the purchase of homes with tenants in situwho are HAP or RAS tenants. I have instructed all 31 local authorities to activate that function, with full devolved powers for these local authorities. They do not need to refer back to me for the purchase of those properties and I want them to do it. Since July we have seen that ticking up quite extensively. I will review that again early in the new year because it is a way of securing a home for people while we are building more social homes, with more people coming in and getting vacant social housing stock back into use.

I am also looking at measures we can take with larger properties and I inform Deputy Boyd Barrett that we try to pursue them where we can, to ensure that we are bringing that stock into use. I am for social and public housing, and for affordable housing, but I also want to ensure that we afford protection in an unprecedented time right now, where there are pressures on our emergency accommodation, for reasons that all of us are aware of. This ensures that we can give some breathing space while we expand those other programmes.

On the extension of the period itself, and specifically in respect of amendment No. 1, in any measures I bring forward, I must be and am acutely aware of their legality and constitutionality. I must also be aware of the impact that that could have on a private rental sector from which we are already seeing a substantial exit since 2016, as we were not providing the additional homes in that period, and in particular, social homes. We are catching up on that but that is going to take some time.

I know that Members have seen some public commentary regarding this legislation, because they have a particular interest in it. It has already been said by some that they intend to challenge it. I need to fully ensure, therefore, that the legislation we pass as an Oireachtas is robust and will withstand any potential challenge. That means that the measures we are taking have to be seen to be appropriate and proportionate for the time we are in right now. That is not to say that one could go broader, but I understand what the Members are suggesting in the amendment in respect of an extension of the date. Addressing Deputy Boyd Barrett's point, the last thing I want is that if we do something like that and have a situation where the legislation would be challenged, we would have an issue with the protections that we are trying to afford.

I will address amendment No. 1. I will not speak to the rest of the amendments as they are grouped. Should I speak to the rest of the amendments in this group, a Leas-Cheann Comhairle?

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