Róisín Shortall (Dublin North West, Independent)
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11. To ask the Minister for Environment, Community and Local Government the progress made to date on reviewing section 62 of the Housing Act 1966, in view of a court ruling (details supplied); the target month in 2013 to which he is working to have legislation passed and commenced; and the issues that have arisen in relation to dealing with serious anti-social behaviour addressed. [20418/13]

Jan O'Sullivan (Limerick City, Labour)
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The Supreme Court judgment referred to concerned two cases relating to section 62 of the Housing Act 1966. In one case, the court made a declaration under the European Convention on Human Rights Act 2003 that section 62(3) of the Housing Act 1966 was incompatible with the State's obligations under Article 8 of the convention due to the absence of appropriate procedural safeguards where there was a factual dispute as to the basis for termination of the tenancy agreement. There was no dispute as to the essential facts in the other case and the court did not make a declaration of incompatibility. It is a matter for housing authorities to decide in individual cases whether there is a factual dispute between the parties that would preclude the authority from applying for a possession warrant under section 62 of the 1966 Act.

The Government's legislative programme for the summer 2013 parliamentary session includes a housing Bill that is expected to be published later this year providing, among other matters, for a revised procedure for repossessing local authority dwellings that takes account of the Supreme Court judgment. I will progress that Bill as quickly as possible so that housing authorities have the necessary powers to deal with all serious breaches of tenancy agreements.

Róisín Shortall (Dublin North West, Independent)
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I thank the Minister of State, but I got no sense of urgency from her response. We must accept the fact that people who pay their rent and live with the scourge of neighbours' anti-social behaviour also have human rights and are entitled to live in peace and harmony, free from the types of trouble caused by anti-social tenants. Their rights should be upheld.

Does the Minister of State accept the urgency of the matter? The Donegan case dates from February 2012. Since then, promises have been made about conducting a review of the 1966 Act, particularly its section 62. However, there has been no firm commitment as to a date for that review.

Local communities are facing significant difficulties in dealing with the problems associated with anti-social activity. Council officials' hands are tied because the law has not been on their side since the judgment. Will the Minister of State deal with this issue as a matter of urgency? When will the review of the legislation be completed and the new legislation be ready? Will the Minister of State assure the House that adequate staff resources are devoted to the issue? My understanding is that there was a gap in those resources for several months. Will she take this issue seriously once and for all?

Jan O'Sullivan (Limerick City, Labour)
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I take it seriously. In fact, I met one of the officials working on the legislation this morning. We will have it ready and published this year as part of the housing legislation.

Róisín Shortall (Dublin North West, Independent)
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When?

Jan O'Sullivan (Limerick City, Labour)
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As to the delay, discussions with the Attorney General's office and a detailed examination were necessary. Complicating matters is the fact that the European Court of Human Rights has issued rulings in a number of other cases relating to Article 8 in other countries. We must consider those rulings when drafting our legislation.

I assure the Deputy that we want to deal with this matter as quickly as possible. It was raised by many Deputies when the House debated the residential tenancies legislation. We are also working on addressing anti-social behaviour issues in respect of private tenancies, although the Deputy's question relates to local authority tenancies. I intend to take action as quickly as possibly, as there is a lacuna that must be addressed.

Róisín Shortall (Dublin North West, Independent)
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With all due respect, saying "sometime this year" is not good enough. Officials cannot take action. While nobody wants to see anyone being made homeless, councils must have the ultimate sanction of evicting people who make life hell for their neighbours. This behaviour can be found in many communities. We need urgent action. Law-abiding tenants in local authority housing deserve better.

Jan O'Sullivan (Limerick City, Labour)
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I can only agree with the Deputy that the problem needs to be dealt with urgently. Indeed, it is being dealt with urgently. The issue will form part of the next substantial Bill that comes from my Department. We will ensure that the lacuna-----

Róisín Shortall (Dublin North West, Independent)
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For what month is the Minister of State aiming?

Jan O'Sullivan (Limerick City, Labour)
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The legislation is being worked on. As the Deputy knows, there are lists of legislation and Ministers must ensure their priorities are included on them. We are working on doing so with the Attorney General's office. We will lay the Bill before the Houses and have it passed as quickly as possible.

Róisín Shortall (Dublin North West, Independent)
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Will that be before the summer?

Jan O'Sullivan (Limerick City, Labour)
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I cannot give the Deputy a date.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We have gone over time.