Dáil debates

Friday, 16 December 2016

Planning and Development (Housing) and Residential Tenancies Bill 2016 [Seanad]: Report Stage (Resumed) and Final Stage

 

7:20 pm

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 81:

In page 38, between lines 17 and 18, to insert the following:

“Amendment of section 34 of Act of 2004 to require landlords terminating a tenancy on the ground of needing the dwelling for occupation by the landlord or a by a member of the landlord’s family to pay compensation to the tenant34. (1) The Act of 2004 is amended in paragraph 4 of the Table to section 34 by the insertion after “his or her family” of “and has paid the tenant an amount equivalent to six months’ rent in respect of the tenancy as compensation for the termination of the tenancy”.

(2) The Act of 2004 is amended in paragraph 4 of the Table to section 34 by the insertion of the following subparagraph after subparagraph (b):
“(c) and that the landlord is obliged to pay the tenant an amount equivalent to six months’ rent in respect of the tenancy as compensation for the termination of the tenancy.”.”.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I move amendment No. 82:

In page 38, between lines 17 and 18, to insert the following:

“Restriction on termination of certain tenancies by landlords34. The Act of 2004 is amended in the Table to section 34 by deleting paragraph 3.”.

Amendment put and declared lost.

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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I move amendment No. 83:

In page 38, between lines 17 and 18, to insert the following:

“Amendment of section 34(b) Table 3 of the Act of 200434. The Act of 2004 is amended by the deletion of “3. The landlord intends, within 3 months after the termination of the tenancy under this section, to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling.” from section 28(2)(a) of the Act of 2004.”.

Amendment put and declared lost.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I move amendment No. 84:

84. In page 38, between lines 17 and 18, to insert the following:

“34. (1) Section 34(b) of the Act of 2004 is repealed.

(2) The Act of 2004 is amended by inserting the following sections after section 34:
“Restriction on termination of tenancies of buy-to-let dwellings
34A. (1) A Part 4 tenancy may not be terminated by the landlord on the ground specified in paragraph 3 of the Table to section 34 where the property to which the tenancy agreement relates is the subject of an existing investment mortgage.

(2) Subsection (1) applies to all tenancies, including a tenancy created before the coming into operation of this section.

(3) In this section, ‘investment mortgage’ means a mortgage which has been taken out as security in respect of a residential property that was not at the time of its purchase intended to serve as the principal private residence of the mortgagee, and is subsequently the subject of a tenancy agreement.

34B. (1) A Part 4 tenancy may not be terminated by the landlord on the grounds specified in paragraphs 3, 4, 5 and 6 of the Table to section 34 in areas designated by Ministerial order and for a period specified by Ministerial order to regulate the exercise of private property rights by the principles of social justice and to reconcile the exercise of those rights with the exigencies of the common good in order to prevent homelessness and economic evictions.”.”.

Amendment put and declared lost.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I move amendment No. 85:

In page 38, to delete lines 18 to 35, and in page 39, to delete lines 1 to 3.

Amendment put and declared and lost.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I move amendment No. 86:

In page 38, line 28, after “the dwelling” to insert “and”.

Amendment agreed to.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I move amendment No. 87:

In page 38, to delete lines 29 to 35, and in page 39, to delete lines 1 to 3 and substitute the following:
“(b) where section 35A(3)(a) applies, a declaration that section 35A(2) does not apply to the said notice of termination as the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and that the application of that subsection would, having regard to all the circumstances of that case be unduly onerous on, or would cause undue hardship on, that landlord.”.”.

Amendment No. 1 to amendment No. 87 not moved.

Amendment No. 87 agreed to.

Photo of Séamus HealySéamus Healy (Tipperary, Workers and Unemployed Action Group)
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I move amendment No. 88:

In page 38, to delete lines 29 to 35, and in page 39, to delete lines 1 to 3.

Amendment put and declared lost.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 89:

In page 39, to delete lines 4 to 40, and in page 40, to delete lines 1 to 9.

Amendment put and declared lost.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 90:

In page 39, line 17, to delete “Except where subsection (3) or (4) applies, a Part 4” and substitute “A Part 4”.

Amendment put and declared lost.

Photo of Séamus HealySéamus Healy (Tipperary, Workers and Unemployed Action Group)
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I move amendment No. 91:

In page 39, to delete lines 21 to 24.

Amendment put and declared lost.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I move amendment No. 92:

In page 39, line 23, to delete “5 or more” and substitute “10 or more”.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 1 to amendment No. 92:

To delete “10 or more” and substitute “1 or more”.

Amendment to amendment put:

The Dáil divided: Tá, 43; Staon, 24; Níl, 52.


Tellers: Tá, Deputies Ruth Coppinger and Mick Barry; Níl, Deputies Regina Doherty and Tony McLoughlin.

Gerry Adams, Mick Barry, Richard Boyd Barrett, John Brady, Tommy Broughan, Joan Collins, Michael Collins, Catherine Connolly, Ruth Coppinger, Seán Crowe, David Cullinane, Clare Daly, Pearse Doherty, Dessie Ellis, Kathleen Funchion, Séamus Healy, Brendan Howlin, Alan Kelly, Gino Kenny, Martin Kenny, Mary Lou McDonald, Catherine Martin, Denise Mitchell, Imelda Munster, Catherine Murphy, Paul Murphy, Carol Nolan, Eoin Ó Broin, Aengus Ó Snodaigh, Jonathan O'Brien, Louise O'Reilly, Jan O'Sullivan, Maureen O'Sullivan, Willie Penrose, Thomas Pringle, Brendan Ryan, Eamon Ryan, Seán Sherlock, Róisín Shortall, Bríd Smith, Brian Stanley, Peadar Tóibín, Mick Wallace.

Níl

Maria Bailey, Seán Barrett, Colm Brophy, Richard Bruton, Peter Burke, Catherine Byrne, Seán Canney, Ciarán Cannon, Joe Carey, Marcella Corcoran Kennedy, Simon Coveney, Michael Creed, Michael D'Arcy, Pat Deering, Regina Doherty, Paschal Donohoe, Andrew Doyle, Bernard Durkan, Damien English, Alan Farrell, Frances Fitzgerald, Michael Fitzmaurice, Peter Fitzpatrick, Charles Flanagan, Noel Grealish, Brendan Griffin, Simon Harris, Martin Heydon, Heather Humphreys, Paul Kehoe, Enda Kenny, Seán Kyne, Michael Lowry, Helen McEntee, Finian McGrath, Joe McHugh, Tony McLoughlin, Josepha Madigan, Mary Mitchell O'Connor, Dara Murphy, Eoghan Murphy, Hildegarde Naughton, Tom Neville, Kate O'Connell, Patrick O'Donovan, Fergus O'Dowd, John Paul Phelan, Noel Rock, Shane Ross, David Stanton, Leo Varadkar, Katherine Zappone.

Staon

Bobby Aylward, James Browne, Mary Butler, Thomas Byrne, Jackie Cahill, Dara Calleary, Pat Casey, Shane Cassells, Jack Chambers, Barry Cowen, John Curran, Timmy Dooley, Seán Haughey, Billy Kelleher, John Lahart, James Lawless, Marc MacSharry, Charlie McConalogue, Aindrias Moynihan, Margaret Murphy O'Mahony, Kevin O'Keeffe, Fiona O'Loughlin, Frank O'Rourke, Robert Troy.

Amendment to amendment declared lost.

Amendment No. 2 to amendment No. 92 not moved.

Amendment No. 92 put and declared carried.

7:35 pm

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 93:

In page 39, line 23, to delete “5 or more” and substitute “1 or more”.

Amendment put and declared lost.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I move amendment No. 94:

In page 39, to delete lines 26 to 40.

Amendment put and declared lost.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 95:

In page 39, to delete lines 26 to 40, and in page 40, to delete lines 1 to 6.

Amendment put and declared lost.

Amendments Nos. 96 to 98, inclusive, not moved.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 99:

In page 40, line 7, to delete “Subject to subsection (4), this section” and substitute “This section”.

Amendment put and declared lost.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I move amendment No. 100:

In page 40, to delete lines 10 to 18.

Amendment to amendment not moved.

Amendment agreed to.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I move amendment No. 101:

In page 40, to delete lines 13 to 15 and substitute the following:“(2) Where appointed, the receiver of the property shall be under the same tenancy obligations as landlords as specified in Part 2 and Part 4 of the Residential Tenancies Act 2004, as amended.”.

Amendment put and declared lost.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 102:

In page 40, line 13, after “property” to insert “, or as appropriate a lender who has initiated repossession proceedings,”.

Amendment put and declared lost.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 103:

In page 40, line 14, to delete “Part 2 of”.

Amendment put and declared lost.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I move amendment No. 104:

In page 40, between lines 21 and 22, to insert the following:“(2) Subsection (1) applies to all tenancies, including a tenancy created before the coming into operation of this section.

(3) A landlord may not terminate a tenancy at the end of each four year period of a Part 4 tenancy other than by mutual agreement with the tenant or under the grounds listed in the Table to section 34.”.

Amendment put and declared lost.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I move amendment No. 105:

In page 40, to delete lines 31 to 33.

Amendment put and declared lost.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 106:



In page 40, between lines 33 and 34, to insert the following:

“Amendment of section 66 of Act of 2004 to extend the notice periods for termination of a tenancy by a landlord.

39. Section 66 of the Act of 2004 is amended by substituting the following Table for Table 1:
TABLE 1

Termination by Landlord
Duration of Tenancy (1)Notice Period (2)
1 or more months but less than 3 months28 days
3 or more months but less than 6 months60 days
6 or more months but less than 1 year90 days
1 year or more but less than 3 years180 days
3 years or more but less than 5 years270 days
5 years or more365 days

Amendment put and declared lost.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 107:

In page 40, between lines 33 and 34, to insert the following:

“Amendment of section 67 (Period of notice for termination by landlord where tenant in default) of Act of 2004

39. Section 67 of the Act of 2004 is amended—(a) in subsection (2)(b)(ii) by the deletion of “and the condition specified in subsection (3) is satisfied” and the substitution of “and the conditions specified in subsections (3) and (4) are satisfied”,

(b) in subsection (3), by the deletion of “landlord.” and substitution of “landlord,

and”, and

(c) by the insertion of the following:

“(4) The landlord has engaged in a rent arrears resolution process with the Residential Tenancies Board, if the tenant has so requested.

(5) The ‘rent arrears resolution process’ referred to in subsection (4) in this section is to be established by Ministerial order following consultation with the Residential Tenancies Board and tenants’ representatives not later than 6 months after the enactment of the Planning and Development (Housing) and Residential Tenancies Act 2016.”.”.

Amendment put and declared lost.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 108:

In page 40, between lines 33 and 34, to insert the following:

Report on measures needed to ensure security of tenure for sub-letters and licensees

39. The Minister for Housing, Planning, Community and Local Government is to report within three months of the enactment of the Planning and Development (Housing) and Residential Tenancies Act 2016 on the measures needed to ensure security of tenure for sub-letters and licensees.”.

Amendment put and declared lost.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I move amendment No. 109:

In page 41, to delete lines 1 to 40, and in page 42, to delete lines 1 to 8.

Amendment put and declared lost.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I move amendment No. 110:

In page 42, between lines 14 and 15, to insert the following:

“Publication of certain statistics by Board

42. The Act of 2004 is amended by inserting the following new section after section 114:“114A.The Board shall publish statistics, including average waiting times and such other statistics as may be prescribed, in relation to the performance of its functions under section 151(1)(a) in respect of each successive period of 3 months in every calendar year.”.”.

Amendment agreed to.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I move amendment No. 111:

In page 42, between lines 14 and 15, to insert the following:

“Amendment of section 115 (redress that may be granted on foot of determination) of Act of 2004

42.Section 115(2) of the Act of 2004 is amended in paragraph (b)—(a) by substituting “subsection (1) or (4) of section 19” for “section 19(1)” where it first occurs, and

(b) by substituting “with either of those subsections” for “with section 19(1)” where it last occurs.”.

Amendment agreed to.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Anti-Austerity Alliance)
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I move amendment No. 112:

In page 43, to delete lines 5 to 8.

Amendment put and declared lost.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I move amendment No. 113:

In page 43, to delete lines 9 to 15 and substitute the following:

“Amendment of section 151 (functions of Board) of Act of 2004

44. Section 151 of the Act of 2004 is amended by inserting the following paragraph after paragraph (c):“(ca) the making of reports to the Minister under section 24A,

(cb) the publication of statistics under section 114A,”.”.

Amendment agreed to.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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I move amendment No. 114:

In page 44, to delete lines 14 to 26.

Amendment put and declared lost.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I move amendment No. 115:

In page 44, line 20, to delete “December 2016” and substitute “January 2017”.

Amendment agreed to.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I move amendment No. 116:

In page 44, line 26, after “€420 million” to insert “in respct of the year ending 31 December 2016”.

Amendment agreed to.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I move amendment No. 117:



In page 45, between lines 2 and 3, to insert the following:
“Section 36* PART 1

AMENDMENTS RELATING TO AMENDMENT OF SECTION 28 OF ACT OF 2004

Reference No

(1)
Provision

(2)
Amendment

(3)
1Section 34(b)(ii)Substitute “6 years” for “4

years”.
2Section 40(1)Substitute “6 year period”

for “4 year period”.
3

4

5
Section 41

Subsection (1)

Subsection (3)

Subsection (4)
Substitute “6 year period”

for “4 year period”.

Substitute “6 year period”

for “4 year period”.

Substitute “6 years” for “4

years” in both places where

it occurs.
6Section 43Substitute “6 years” for “4

years” in both places where

it occurs.
7

8
Section 45

Subsection (1)

Subsection (4)
Substitute “6 years” for “4

years”.

Substitute “6 years” for “4

years” in both places where

it occurs.
9Section 47

Subsection (5)
Substitute “6 years” for “4

years” in both places where

it occurs.
10TableSubstitute “6 years” for “4

years” in paragraph 2.

Amendment agreed to.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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When is it proposed to take Fifth Stage?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Now.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Is it agreed to take Fifth Stage now? Agreed.

Question put: "That the Bill do now pass."

The Dáil divided: Tá, 52; Staon, 25; Níl, 43.


Tellers: Tá, Deputies Regina Doherty and Tony McLoughlin; Níl, Deputies Eoin Ó Broin and Richard Boyd Barrett.

Maria Bailey, Seán Barrett, Colm Brophy, Richard Bruton, Peter Burke, Catherine Byrne, Seán Canney, Ciarán Cannon, Joe Carey, Marcella Corcoran Kennedy, Simon Coveney, Michael Creed, Michael D'Arcy, Pat Deering, Regina Doherty, Paschal Donohoe, Andrew Doyle, Bernard Durkan, Damien English, Alan Farrell, Frances Fitzgerald, Michael Fitzmaurice, Peter Fitzpatrick, Charles Flanagan, Noel Grealish, Brendan Griffin, Simon Harris, Martin Heydon, Heather Humphreys, Paul Kehoe, Enda Kenny, Seán Kyne, Michael Lowry, Josepha Madigan, Helen McEntee, Finian McGrath, Joe McHugh, Tony McLoughlin, Mary Mitchell O'Connor, Dara Murphy, Eoghan Murphy, Hildegarde Naughton, Tom Neville, Kate O'Connell, Patrick O'Donovan, Fergus O'Dowd, John Paul Phelan, Noel Rock, Shane Ross, David Stanton, Leo Varadkar, Katherine Zappone.

Níl

Gerry Adams, Mick Barry, Richard Boyd Barrett, John Brady, Tommy Broughan, Joan Collins, Michael Collins, Catherine Connolly, Ruth Coppinger, Seán Crowe, David Cullinane, Clare Daly, Pearse Doherty, Dessie Ellis, Kathleen Funchion, Séamus Healy, Brendan Howlin, Alan Kelly, Gino Kenny, Martin Kenny, Catherine Martin, Mary Lou McDonald, Denise Mitchell, Imelda Munster, Catherine Murphy, Paul Murphy, Carol Nolan, Jonathan O'Brien, Louise O'Reilly, Jan O'Sullivan, Maureen O'Sullivan, Eoin Ó Broin, Aengus Ó Snodaigh, Willie Penrose, Thomas Pringle, Brendan Ryan, Eamon Ryan, Seán Sherlock, Róisín Shortall, Bríd Smith, Brian Stanley, Peadar Tóibín, Mick Wallace.

Staon

Bobby Aylward, James Browne, Mary Butler, Thomas Byrne, Jackie Cahill, Dara Calleary, Pat Casey, Shane Cassells, Jack Chambers, Barry Cowen, John Curran, Timmy Dooley, Seán Fleming, Seán Haughey, Billy Kelleher, John Lahart, James Lawless, Marc MacSharry, Charlie McConalogue, Aindrias Moynihan, Margaret Murphy O'Mahony, Kevin O'Keeffe, Fiona O'Loughlin, Frank O'Rourke, Robert Troy.

Question declared carried.

7:50 pm

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I thank, first and foremost, all the staff in the Houses of the Oireachtas for facilitating what has been a very demanding schedule in recent days. I particularly thank the Bills Office, which has agreed on multiple occasions today to stay on longer than was previously agreed. I take the opportunity on behalf of everybody to wish them a happy Christmas. I also thank the Opposition for facilitating the process of getting the Bill passed this evening, which involved genuine co-operation. I appreciate it. I think everybody who does not have to come back here on Monday appreciates it too, as do, I am sure, many of the members of staff. Finally, I thank my own staff who have been working around the clock, in particular Catherine, Earnán, Barbara, Philip, Terry and Niall. I look forward to bringing the legislation to the Seanad, which I understand will happen next Wednesday.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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On my own behalf, I thank all the Members of the House for their support and co-operation throughout 2016. On behalf of the House, I thank the Secretary General and all the employees and staff in the Houses across all the services. They do us proud and provide a tremendously good service. Finally, I express the hope that everyone has a happy and peaceful Christmas, takes time to spend with loved ones and takes the necessary time out to which everybody, at this stage, is richly entitled.

The Dáil adjourned at at 8.45 p.m. until 2 p.m. on Tuesday, 17 January 2017.