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

Okay. While I am dealing with the amendment specifically, I will also deal with some of the points that have been raised. I will certainly look at a local authority circular, as raised by Deputy Ó Broin. I know, and the Deputy has acknowledged, that it is a different time and is a different measure we are taking. I am already engaged, however, with our local authorities on how social housing tenants who may fall into arrears are dealt with. This is by way of repayment plans and all of the various things we can use. We have been very careful in that regard, indeed as we also have been with HAP tenancies. If there is anything by way of further clarification, particularly in respect of our Traveller community, I will look at what instructions or a further circular we can issue.

Specifically on the extension of the date, I believe I have explained, to address Deputy Boyd Barrett, what my serious concern would be. We would be open to potential challenge and we would also have an impact, as Deputy Cian O'Callaghan has referred to, in another way in respect of the regulatory changes that have been made over a period of time. This is not the only reason people are exiting but we also need a functioning private rental sector. We need to ensure that what we do does not impact upon it.

I cannot accept amendment No. 1, nor amendments Nos. 11, 12, 13, 14 or 21, which propose to extend the duration of the winter emergency period and to push out the deferred termination dates which apply to relevant tenancy terminations affected by the Bill.

We made changes from 6 July of this year extending notice to quit periods for shorter tenancies and tenancies of less than three years, in particular. These changes were accepted by the House. Those changes have been made and we have good notice periods right the way through.

No one wants a situation, and I certainly do not, where we know the impact the shrunken rental market is having and the difficulties that tenants are experiencing in securing further tenancies. That is why we want to transfer people out of HAP tenancies, which we are doing. In September, the last full month for which we have figures, 600 new HAP tenancies were created in that period with Pathfinder teams in place. We are doing everything we can. We are also ensuring that we are purchasing homes with tenants in situwhere notices to quit are issued. I am active on that question every single day of the week. Where Deputies have instances where they believe that is not happening, or specific examples, I would ask them to bring them directly to me.

Deputies from across the House have been doing that. This is a relatively new initiative but we want to see it done. As was outlined on Second Stage and as I have already said, so I will not repeat my arguments, the Bill is calibrated to balance the rights of the tenant and the property owner. We cannot just disregard the rights of one in favour of the other. That is not feasible. Under this Bill, tenants facing notices of termination will receive protection to allow them to stay in situover the winter emergency period, which will allow time for housing supply to increase. I have also made changes with the local authorities in respect of retenanting, particularly with regard to shortening the retenanting period. In some local authority areas, it takes too long to get some of that stock, and even new stock, into use and to get people into those homes. I have seen that myself. I have issued a directive to local authorities in that regard. I want to put in place a new system that will speed up the process of doing up retenanted properties and of getting people into them and into new properties. I have written to every local authority chief executive in the last two weeks on that specific issue and I addressed it with them in the housing summits I held the week before last.

Section 1 defines the winter emergency period as running from the date of the Bill's enactment, which I hope to be 1 November, to 31 March 2023. As I have said, I cannot accept the amendment that proposes to push that out by a further year. The Bill seeks to reduce the burden on homelessness services and the pressure on tenants and the residential tenancies market itself during the coming winter months. The increasing number of people experiencing homelessness and the significant number of new presentations in that space are combining to create significant difficulties in the provision of emergency accommodation. That is for many reasons that we will all know and which were discussed earlier today. As a result of migration due to the war in Ukraine and other people seeking international protection, there are immense pressures on emergency accommodation. I do not want people to be in emergency accommodation for long periods and I am thankful that people are still exiting from it but we are entering into new contracts to provide further emergency accommodation while we increase our supply. This Bill gives us a period of time, some breathing space, to allow for that.

I cannot accept amendments Nos. 11 to 14 either. These also propose to push out the deferred termination dates. The table in section 2(3) of the Bill sets out how the deferred dates of relevant tenancy terminations will operate. These are staggered right up to 18 June 2023 to ensure there is no cliff edge at the end of the period, which would put unmanageable pressure on the private rental market and homelessness services. We must do everything we can and redouble our efforts in this period of time to provide more properties in that space. The timing also operates so as to provide proportionally greater protection to those tenants who have shorter termination periods, as Deputy Ó Broin referred to earlier. The aim is to provide additional time to those most in need of extra time to secure alternative accommodation. This legislation takes into account the very clear advice we received from the Attorney General and his office on enhancing those tenancy protections over the winter and carefully managing demand in the rental market after that period and right up to 18 June 2023.

I fully understand and respect the thrust of the contributions that have been made and of the amendments, particularly Deputy Boyd Barrett's amendment No. 1. However, that amendment would present difficulties in respect of this legislation. These protections are real and we need to get them in this week. I thank Deputies and parties for their support for this legislation but I cannot accept amendment No. 1.

See this speech in context