Francis Noel Duffy (Dublin South West, Green Party)
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I thank the Minister of State for taking this matter. I am sure he is aware of what has happened in the Marianella luxury housing development in the Dublin suburb of Rathgar. The social housing residents living there under Part V of the Planning and Development Act 2005 have complained publicly about not being able to access many of the apartment complex facilities or to keep pets, despite this not being the case for any of the development's other private residents. Neither of us can say with any certainty that what is happening at this development is an isolated incident or an example of similar inequalities existing across the country. During the programme for Government negotiations, it was agreed to establish a commission on housing to examine such matters in detail. This story proves there is an urgent need for the Government to have much more information, facts and figures on housing, especially with respect to rights, tenure, standards, sustainability and quality of life matters so they can be addressed before they have a negative impact on people's lives.

What action can the Department take to ensure that this injustice and others like it that may exist can be rectified so that cases like this are not repeated? Will the Minister of State provide an update on the programme for Government commitment to establish the housing commission please?

Peter Burke (Longford-Westmeath, Fine Gael)
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The use of the Part V mechanism to allow local authorities to acquire units in a private development, which are then allocated to social housing tenants, is important for a number of reasons. It makes a crucial contribution to supply of the overall stock available for social housing purposes and it supports the objective of social integration. As a matter of policy, it has been directed that the priority option that should be pursued by local authorities for Part V obligations is the acquisition of social housing on the development site by means of transfer of ownership to the local authority or to an approved housing body, AHB.

It is recognised that there may be specific cases where none of the units on a development site may be suited to the needs of the local authority. In those cases, sometimes the local authority will elect to require the provision of units off site. In some areas, although the need for social integration in the area may tip the balance towards acquisition, this is assessed on a case-by-case basis as no two situations are exactly the same. In each case, value for money has to be considered as one of the factors in the decision-making process.

Where an AHB acquires units for social housing under Part V, the tenancy relationship is between the tenant and the AHB that manages the properties. The local authority has responsibility for ensuring the AHB is providing social housing to the appropriate standards set out in the Housing (Standards for Rented Houses) Regulations 2019. The AHB has responsibility for ensuring that all such tenancies are registered with the Residential Tenancies Board and that the protections provided for in the Residential Tenancies Acts are provided as appropriate. Tenants have recourse to the dispute resolution processes provided for in the Residential Tenancies Acts.

Where it is proposed that a social housing applicant will be allocated a unit with an AHB, a tenancy interview takes place where the applicant is advised of all relevant information for the proposed tenancy and pre-tenancy training taking place before the tenancy commences. Tenants are typically made aware of all facilities available to them, as well as their rights and obligations, and matters such as the keeping of pets are covered. Access to ancillary facilities located on the same campus are not generally covered by a social housing tenancy. Access to services and facilities outside the social housing tenancy is not a matter for my Department.

I note the comments of the Deputy on the commission for housing and I will raise them with the Minister, Deputy Darragh O'Brien, in the context of the commitment contained in the programme for Government.

Francis Noel Duffy (Dublin South West, Green Party)
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I hear what the Minister of State is saying but there is still a sense of segregation within developments and there is the matter of welfare. I will come back to the Minister of State.

During the negotiations to form the Government, all parties agreed to the Green Party's policy to legislate for tenancies of indefinite duration. This was in response not only to Covid-19 but the changing nature of the Irish rental market. There is now a need for the Government to support renters by improving housing standards, security and affordability of renting in the State. Will the Minister of State outline the status of the proposed legislation agreed in the context of the programme for Government. When will the Bill outlining support for tenancies of indefinite duration come before the House?

Peter Burke (Longford-Westmeath, Fine Gael)
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I thank the Deputy. AHB tenancies are registered with the Residential Tenancies Board and governed by residential tenancies legislation. AHBs are currently subject to a voluntary regulation code and they will shortly come under the remit of the new approved housing bodies regulatory authority, which is in the process of being established. The Housing (Regulation of Approved Housing Bodies) Act 2019 addresses AHB governance, financial management, financial reporting, property and asset management and tenancy management, as well as the need for standards in these areas. The new regulatory authority for AHBs will, as part of its remit, prepare standards relating to each case in these areas. AHB accommodation must meet the standards of the service level agreement between the AHB and the local authority. Access to additional services which may be provided on a campus but which are not covered by the service charge is a matter for individual negotiation by a tenant. It is not a matter for the Department.

The Part V process makes a valuable contribution to social housing delivery and the core and critical nature of such delivery of social housing units in a manner that is sustainable, efficient and consistent with social housing policy and objectives. I am satisfied that the approach adopted by the AHB concerned in the development referenced by the Deputy is consistent in trying to achieve these objectives.

I will raise the rental legislation with the Minister, who is expecting to publish the affordability measures legislation before the end of this year, with a ring-fenced fee of approximately €80 million and €15 million contained in the budget for both cost rental and affordability measures. I will raise the other points directly with the Minister and revert to the Deputy.