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Written Answers — Department of Housing, Planning, and Local Government: Sports Organisations (30 Nov 2021)

Malcolm Noonan: I propose to take Questions Nos. 237 and 238 together. My officials will arrange to meet with the group in question in the coming weeks to discuss the range of issues outlined by the Deputy.

Written Answers — Department of Housing, Planning, and Local Government: Heritage Promotion (30 Nov 2021)

Malcolm Noonan: I am not aware of any scheme aimed at prospective purchasers of protected structures such as the Deputy suggests. My Department, however, offers a number of financial supports for owners of protected structures, which may be of interest to home buyers considering purchasing such a structure. Part IV of the Planning and Development Act 2000 gives primary responsibility to local authorities to...

Written Answers — Department of Housing, Planning, and Local Government: Horticulture Sector (30 Nov 2021)

Malcolm Noonan: My statutory remit and responsibility as Minister does not include regulation of the harvesting or supply of horticultural peat. However, to assist in addressing the important issues around horticultural peat for domestic purposes, I set up an Independent Working Group under the Chair of Dr. Munoo Prasad. The potential of alternatives to the use of peat moss in the horticultural industry was...

Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Payments (30 Nov 2021)

Malcolm Noonan: 384. To ask the Minister for Employment Affairs and Social Protection the number of persons in receipt of the living alone allowance increase; and if she will make a statement on the matter. [58366/21]

Saincheisteanna Tráthúla - Topical Issue Debate: Defective Building Materials (25 Nov 2021)

Malcolm Noonan: The Deputy has summed it up eloquently and I thank him for his acknowledgement of the work the Minister and his officials. I assure him that they have worked tirelessly to try to find an equitable solution through the defective blocks grant scheme, which was benchmarked against the previous scheme regarding allowable costs in qualifying works and homeowner contributions. It takes on board...

Saincheisteanna Tráthúla - Topical Issue Debate: Defective Building Materials (25 Nov 2021)

Malcolm Noonan: I thank Deputy McHugh for keeping this matter consistently on the agenda and doing so in a constructive manner, which is important. In response to concerns expressed by homeowners and a unanimous motion in the Dáil on defective concrete blocks in Donegal and Mayo, culminating in the June protest march, the Minister for Housing, Local Government and Heritage, Deputy O'Brien,...

Saincheisteanna Tráthúla - Topical Issue Debate: Wind Energy Guidelines (25 Nov 2021)

Malcolm Noonan: I thank Deputy Harkin for raising this issue. Under the Planning and Development Act 2000, as amended, all forms of development, unless specifically exempt under the Act or associated regulations, require planning permission. This includes wind farm developments which are also subject to dedicated detailed planning guidance, that is, the 2006 wind farm development guidelines, which...

Saincheisteanna Tráthúla - Topical Issue Debate: Wind Energy Guidelines (25 Nov 2021)

Malcolm Noonan: I agree wholeheartedly with Deputy Harkin. Our Department is currently undertaking a targeted review of the 2006 wind energy development guidelines. In line with the programme for Government, it is committed to concluding the review of the guidelines as soon as possible with a view to striking a better balance between matters of importance to local communities and the need to invest in...

Mother and Baby Institutions: Statements (25 Nov 2021)

Malcolm Noonan: Like other colleagues I put on record my sympathy for the survivors of mother and baby homes and county home institutions. The Minister, Deputy O'Gorman, has engaged extensively and very often on a one-to-one basis with survivors of mother and baby homes and these county home institutions. He did this, listening with empathy and compassion, to ensure he and his officials could gain greater...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Report and Final Stages (25 Nov 2021)

Malcolm Noonan: I cannot accept amendments Nos. 1 or 2. I am aware that there are similar motivations behind both. Having listened to Senator Warfield yesterday and Senator Higgins today, there is probably a little confusion on the subject, so I will try to clarify matters. Section 19 of the Residential Tenancies Act provides for rent settings at the commencement and during a tenancy. The amendments...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Report and Final Stages (25 Nov 2021)

Malcolm Noonan: On a general point, as I have outlined there are significant protections there within the RPZ. The Senator will appreciate bringing a property up to a significant BER as required under regulations would offer a greater level of thermal comfort for tenants and represent a cost saving for them with respect to their energy bills. As I have outlined there are significant protections there.

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Report and Final Stages (25 Nov 2021)

Malcolm Noonan: While acknowledging the intent of this amendment, I am not in a position to accept it. The established practice in the residential rental market, in accordance with section 19(1) of the principal Act, is for a landlord to set a rent that is no greater than the prevailing market rent for a particular tenancy. Section 24 of the principal Act defines market rent in terms of a tenancy of a...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Report and Final Stages (25 Nov 2021)

Malcolm Noonan: I recognise the points, which were well made by the Senator. It is difficult for the tenants. However, the RTB has powers to investigate and sanction landlords. The Minister’s intent in this Bill is to recalibrate the power imbalance the Senator is talking about between tenant and landlord. That is the intent here. The focus so far is on using their sanctioned power, rather than...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Report and Final Stages (25 Nov 2021)

Malcolm Noonan: Unfortunately, I cannot accept amendment No. 4. In addition to the new offences relating to unlawful rent setting in rent pressure zones, provided under the Residential Tenancies (Amendment) Act 2019, in respect of which the RTB can carry out prosecutions, the RTB was given additional functions in the form of its enhanced powers of investigation and sanctioning. Part 7A of the Residential...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Report and Final Stages (25 Nov 2021)

Malcolm Noonan: Amendment No. 5 is a consequential technical amendment to section 3(3) of the principal Act to ensure that tenancies of unlimited duration fall within the scope of the Act. In practice, such tenancies could be longer than 35 years in duration. In all circumstances, tenancies of unlimited duration which are included in the updated definition of a "Part 4 tenancy" under section 29 of the...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Report and Final Stages (25 Nov 2021)

Malcolm Noonan: I meant to respond to the Senator's last point regarding the previous amendment. She made a very good point about making information available, which I acknowledge. In this case, I cannot accept amendments Nos. 6 or 7, which propose to introduce the concept of a long tenure notice period to provide for an additional 30 days notice for each additional year of duration of a tenancy beyond two...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Report and Final Stages (25 Nov 2021)

Malcolm Noonan: Yes. I thank Senators for their engagement on the issue. The commitment is there in respect of the review of the extended notice periods. Senator Higgins made a very valid point that requires consideration.

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Report and Final Stages (25 Nov 2021)

Malcolm Noonan: I thank the House for its careful consideration and courtesy during the passage of this important Bill.

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Committee Stage (Resumed) (24 Nov 2021)

Malcolm Noonan: No, it is okay.

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2021: Committee Stage (Resumed) (24 Nov 2021)

Malcolm Noonan: This amendment, if passed, will insert a new section 6 into the Bill to provide for consequential amendments to the Residential Tenancies Acts to reflect the provisions of section 5 of the Bill, as now amended. The proposed new section 6(1)(a) inserts a substitute section 29 of the principal Act to define a Part 4 tenancy. For the purposes of the Residential Tenancies Acts, each of the...

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