Dáil debates

Wednesday, 26 October 2022

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

 

7:32 pm

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

I have given the Deputy the answer already. Whether he likes it or not, we have to balance the rights and protections of the tenant and the rights of the property owner. This is a very significant short-term intervention to provide needed protections. I believe the balance has been struck correctly so that the legislation cannot be successfully challenged. This is not a silver bullet. There is no question of that. We know that we are living in absolutely extraordinary times not just in Ireland, but all across Europe. I do not want to replay the earlier debate on housing but, in this context, it is important to note that we are providing more social homes this year than we have in decades. We are increasing housing supply again, providing affordable homes and bringing back vacant homes. We need to do a lot more of that and I intend to do so. This period of time gives us some breathing space in that regard.

The Deputy mentioned those who are above limits or thresholds. I refer to people who are in receipt of the housing assistance payment, HAP, or in rental accommodation scheme, RAS, tenancies, tenancies supported by the State. Many people have been critical of the over-reliance on HAP over the years, as I was when I was on the other side of the Chamber. It is not sustainable to have so many people dependent on HAP.

That is why I have reduced the dependency on HAP over the last two years, since I have been Minister, and why we are increasing the building of permanent homes. We need to do that. I am open, where we can, to purchasing properties in order to bring them into public housing stock. We have been doing that.

While I do not want to delay as I know there are other amendments people want to get to, I would respectfully say to the Deputy that I have outlined the reasons I cannot accept the amendments in this grouping, and why I specifically cannot accept amendment No.1, which would extend the period of these further protections. Let us remember what we have all done as an Oireachtas since July. We have extended notice periods. This is the sixth or seventh piece of tenancy legislation we have brought in to further protect tenants since this Dáil came into being. We have responded to pressures in that regard and where there are urgent situations like this. I do not take initiatives like this lightly but we have to make sure they stand up, that they are constitutional and that they will not be challenged or overturned. I would not underestimate the potential challenges. Who knows? I am not willing to gamble on that. I want to bring in protections now that will see people through the winter period and will see many others right through to 18 June 2023. I will not say any more than that because I know people have other amendments they want to get to.

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