Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 40: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that 239 illegal evictions were carried out against tenants in the private rented sector in 2006; if he plans to bring legal protection against eviction into line with international human rights standards; and if he will make a statement on the matter. [28620/07]

Batt O'Keeffe (Cork North West, Fianna Fail)
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I understand the figure of 239 relates to cases reported to the Threshold organisation and that it includes threatened terminations, the majority of which were forestalled. I understand also that where an illegal eviction occurred the matter was referred to the Private Residential Tenancies Board's dispute resolution services.

It is considered that the provisions of the Residential Tenancies Act 2004 are compatible with international human rights standards as, in drafting the legislation, particular account was taken of the provisions of the European Convention on Human Rights. The 2004 Act provides significant improvement to tenants' security of tenure based on a four year tenancy cycle and a significant increase in the length of notice related to the duration of the tenancy landlords are required to give to terminate a tenancy. Once a tenancy has lasted six months, it can only be terminated during the remaining three and a half years of the cycle for a limited range of specific reasons set out in the Act.

The Act sets out the rights and obligations of landlords and tenants, including the right of tenants to the enjoyment of peaceful and exclusive occupation of their dwelling. It specifies the circumstances and conditions under which a tenancy can be terminated, which must be in accordance with the provisions of Part 5 of the Act, including the form of termination of notice. The Act provides an effective means of redress through the PRTB in the event of illegal evictions. It takes a robust approach to illegal terminations, including provision for the holding of emergency tribunals and for interim or interlocutory injunctions through the courts where necessary.

The PRTB has been effective in responding to illegal terminations and implements a fast-track approach in the resolution of such disputes. The board can also award substantial damages for stress and disruption where this is warranted. I understand the security of tenure provisions in the Residential Tenancies Act 2004 are operating well, and there is no proposal currently for amendments to these provisions. It is a function of the PRTB to keep the operation of the legislation under review and to make recommendations regarding any amendments it considers necessary.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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It is good to hear the PRTB believes it has a fast-track approach and that everything is going well. It is a pity nobody else in the sector appears to believe that. I do not believe, and I wonder if the Minister of State believes, that the PRTB is properly resourced to carry out its limited functions. If it is not, what steps will the Minister take to ensure it is properly resourced and that there is no waiting period for people faced with eviction or for those who, in the event of illegal eviction, must wait far too long for redress from the PRTB? In many cases they cannot even manage to contact the PRTB by telephone.

That so many illegal evictions occur means landlords are not aware of their duties. Legislation must be strengthened and more action must be taken to ensure such evictions do not occur and security of tenure is reinforced instead of being put under threat, as is seemingly suggested here.

Does the Minister of State know how many landlords are registered with the PRTB as a percentage of the overall number?

Batt O'Keeffe (Cork North West, Fianna Fail)
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The number of private rented accommodations registered with the PRTB has increased dramatically from a few hundred in 2002 to approximately 200,000 in 2006.

This is an important opportunity to clarify the matters of the Threshold commentary and the 239 illegal convictions. Threshold agrees that, due to early intervention, most of the cases were resolved. In 2006, illegal eviction cases accounted for 1% of all cases received by the PRTB. To date in 2007, 56 of the 1,250 cases received by the PRTB related to illegal evictions. Anyone examining the new system sees that it produces decisions, is fair to the landlord and the tenant and is expeditious compared to court proceedings.

The PRTB is not under-resourced. Spending on its services will be approximately €3.8 million, in addition to which I have secured the funding necessary for the board's move to its new headquarters early next year.