Gerald Nash (Louth, Labour) | Oireachtas source

I welcome the opportunity to speak on what is a very modest but very important Bill. I think the Minister of State has acknowledged the importance of moves in this direction, which it appears the Government is prepared to take. I remind the Minister of State that this Bill dates back to 2020 and the situation is acute, as previous speakers outlined. It dawned on me - not that I required prompting - in a very acute way before Christmas when I was contacted by some individuals in a community in my home town of Drogheda.

They alerted me to the fact that a local landlord, or at least someone who was subletting a home from a local landlord, was preparing to funnel almost 30 people into what I would describe as a modest family home to which a number of small extensions had been added over the years. Having consulted with the local authority and others, it dawned on me that there are limitations in law, in terms of the protections provided for individuals and the regulatory landscape more generally, when it comes to quality, safety and overcrowding. There is no legislative definition of "overcrowding". I understand the challenges this would present. The issue of overcrowding in rental properties is worth considering. I do not have the answer in this regard. Some have tried over the years. From my recollection, Deputy Barry Cowen and some others introduced a Private Members' Bill some years ago by means of which they sought to address questions of that nature, but I do not know where that Bill is at this time. I suggest that it would be worth revisiting this matter, particularly in the context of all the challenges the rental sector and those who rent are facing. It is extraordinary to think that such basic things as insuring and properly certifying that a property meets the minimum fire safety standards before renting it out are not already contemplated in legislation. When the Labour Party released its election manifesto in 2020, we stated that renters need a break. That is more true today than it was then. We have consistently called for greater security of tenure for renters. In line with this Bill, we also called for an NCT-style inspection regime of rental premises and a minimum standards certificates system in order that tenants know the places they are viewing - if they ever get to the top of the very long queues that usually obtain - at least meet the minimum safety standards. We went further than that. Labour would oblige local authorities to publish annual statistics for inspections of private rented accommodation in order to ensure that regulation is enforced. That should be done in a transparent way. We are happy to support the Bill, which calls on landlords to prove their compliance with minimum standards and fire safety standards before properties can be rented.

The Bill also provides that the landlord's certificate of compliance with these standards would be based on an independent inspection by a suitably qualified professional from the relevant local authority and that certificates must be provided to the Residential Tenancies Board, as part of the tenancy registration process. This aspect is crucially important. For too long, we have relied on self-certification when it comes to housing in general. The State's failure to provide independent enforcement of basic building standards has led to untold misery for homeowners and renters across the country.

The certification envisaged in the Bill could be rolled out on a phased basis for pre-existing rented properties over four years. The Minister would decide on the charge to the landlord for obtaining a certificate. This is important because, as well as those entering the market, existing renters must to be protected.

The Government cannot wash its hands of the need to ensure that there are safe and secure living conditions for renters in the private rental sector. Deputy Andrews spoke about the difficulties those renting public homes can also face. It behoves us all to address that problem in circumstances where the State is directly involved. We cannot forget that the State often underwrites the payments to these private landlords through schemes like HAP and that it therefore has a duty of care to those tenants. We should be using that transfer of resources to private landlords as a way to leverage and enforce better conditions in the rental market. No cash without conditions.

The country continues to be in the grip of a housing and homelessness crisis and while the Government will list of statistics produced on performance in housing provision. I understand why the Minister would do that. It is valid and legitimate. The truth is that the problem is massive, as the Minister of State knows only too well. To be, he acknowledged earlier that the situation in the rental sector is far from perfect. Let us at least guarantee that those lucky enough to secure a rental property in this insane market can live in their homes with the peace of mind that at least, their home is safe. It is just a pity that it is taking so long to address an issue that is staring us in the face. It is something that should be addressed. I hope it will be addressed on the basis of the impetus provided by Deputy Ó Broin’s Bill and the Minister of State’s work in the Department.

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