Dáil debates
Tuesday, 2 July 2024
Residential Tenancies (Amendment) Bill 2024: Second Stage [Private Members]
8:00 pm
Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source
On behalf of the Social Democrats, I support this Bill. I thank Deputy Farrell for bringing this Bill forward and I thank the students and student representatives who have worked on this Bill and have been campaigning on it from the different student unions and colleges, and from the USI - Aontas na Mac Léinn in Éireann.
First, I take issue with the Minister of State's response and the core statement he put forward, basically arguing against regulation on the basis that any attempt to regulate could have a negative impact on supply. He made that assertion but did not give any evidence to back it up; none. That could be said about any form of regulation. Do not regulate anything in any sector because it could have an impact on supply but the Government does not put that forward in any other area.
Why is it the Government, when it comes to students and their lived experience renting in rent-a-room accommodation, discount this? Why is it that their experience as human beings renting does not warrant regulation, yet regulation is warranted in every other sphere and form of renting? What does the Government think makes students immune from needing protections in law? The Government has not said anything about this. The Government just said it could reduce supply and just left it there. The Government did not give any evidence or anything to back that up. The "Let's not regulate" argument could be applied to any sector but it would not fly and would not wash but somehow the Government thinks it flies and washes when it comes to students.
Let us think about why the Government is willing to stand over continued mistreatment of and discrimination against students compared to other sectors. That is what is happening. The Government is also making a flawed argument as there is no evidence that regulation reduces supply. I often refer to this in respect of the private rented sector in general. The Tánaiste recently said to me that if we regulate more for renters and put in better protections, it might reduce supply. Looking at the international evidence, the most regulated countries in Europe with the best protections and rent regulations are also the countries with the largest rental sectors. The argument that regulation reduces supply is not borne out by evidence or facts on the ground. The most regulated places with the best rights for renters also have the largest rental sectors. The argument does not hold up.
Of course, the question as to whether we should regulate in an area should not just come down to the idea that it could reduce or impact on supply. It should be about whether we need regulation here, whether there are injustices and whether there is a need for protections. In terms of students and digs, the case is overwhelmingly strong that there does need to be regulation. The Minister of State did not make any reference to the report on the USI national survey on student digs in 2023. It gives some very important student experiences of what actually happens in the sector. As others have said, there are mixed results. There are some very positive experiences. I will read from a couple of examples. The first person states: "I lived in Digs when COVID broke out and I feel the need to mention that the landlord was very kind and allowed me to keep my stuff during lockdown there without charging me rent and even allowed me to stay the night when collecting my stuff that Summer." Some people have great experiences. Another student said: "Avoid living in Digs they should be a last resort." Another said: "Digs landlord was not registered and took advantage of me and my housemates they stole our food and upped our rent many times and we had to comply." Imagine having your food stolen by the person you are renting from. The Government thinks it does not need to regulate this area but this is a consequence of not regulating. That student had no rights and could be evicted straight away. That is what has happened. Students have had their stuff thrown out without any notice, put in black bags and put out in the front garden or out on the street. I have spoken to students that has happened to.
The Government thinks this area does not need regulation, that we should consider it and not rush into anything. These problems have been going on for years. Another student says: "No protections [...] I lost out on my rent and deposit and could not source alternative accommodation, I was forced to commute 3 hours daily." This is what happens if people lose out on their rent or on a deposit paid. They may not have the financial means to source anything else. This student was forced into very long commutes. Other students were forced into dropping out when that happened, yet the Minister of State thinks there may not be a case here for regulation. Another student says:
I felt I did not have privacy. When I left the homeowners would come into my room and move things or tell me that I should move things. When I told them I did not feel comfortable with this they dismissed me.
Again this is a student having their personal space interfered with, which they are renting and paying money for, with a subsidy from the State because there is tax relief on this, yet the Government feels there is no urgency in doing anything about regulating it. People's personal space is being invaded.
I do not need to tell the Minister of State that students can be away from friends and family for the first time in their lives. It can be quite a daunting experience for them. They do not necessarily have the same support networks that others have. They do not always feel in a strong position to advocate for themselves. If they have no rights and there is no regulation, they do not have any legal basis on which to advocate for themselves. They know if they do so they could be evicted. When the Minister of State says we must be careful not to do anything rash, and that if we regulate it might have an impact on supply, he has to address why he thinks it is okay to continue not to regulate or provide basic protections for people who are handing over money for somewhere to live that they should be afforded, the same as anyone else who is handing over money for rent. The Bill does not propose the same rights as people in the general private rental sector. It recognises that this is a different situation and tthat is appropriate. The other point that comes out from the USI national survey is that a lot of homeowners would be supportive of this. The survey shows that most students renting in digs have written agreements with the homeowners. This is a good thing, not just for the student but for the homeowner as well, to have rules and boundaries set out from the start and good communication around that. It benefits everyone.
On the wider issue of student accommodation, when he was Minister with responsibility in this area, the Taoiseach made a lot of announcements about student accommodation. We have had no shortage of announcements from the Government about student accommodation but we have had a shortage of delivery. There has been a real lack of action. I will give examples of three things that could and should be done quickly. First, the student accommodation strategy has to be published as soon as possible. It was due to be published in summer 2023. It must be sitting on the Minister's desk. Second, the borrowing framework for colleges needs to be put in place around student accommodation. There is a number of colleges where the land and planning permissions are in place as is the need for student accommodation but the borrowing framework to allow colleges to borrow to fund that investment is not in place. It needs to be put in place. We are not going to get the shovels in the ground that we need until the Government puts that borrowing framework in place. The other components are all there. There also needs to be a sense of urgency from the Government on this. For example, the proposal for 358 beds at Dartry from Trinity College has stalled due to a lack of Government support. We are talking here about a site that has previously housed students and has been sitting idle for the past four years. There is an active proposal from the college that would bring these 358 beds into use if the Government would support it. We have a housing crisis and a student accommodation crisis. We have active proposals and land in colleges with planning permissions, yet due to Government inaction and intransigence, and Government's failure to put in place a borrowing framework or to give funding for proposals like this, we are seeing the student accommodation crisis exacerbated. There are workable solutions ready to go but we are waiting on the Government to act. We need urgency in terms of protecting students in vulnerable situations and in terms of delivering student accommodation.
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