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Written Answers — Department of Justice and Equality: An Garda Síochána (12 Dec 2023)

Emer Higgins: 574. To ask the Tánaiste and Minister for Justice and Equality to clarify the Government position on the pension scheme for gardaí who enlisted post-1995, particularly regarding the requirement to register as job seekers for the supplementary pension, and the impact of part-time employment on pension entitlements; what steps are being taken to address recruitment concerns arising...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: I thank our guests for being here to discuss the proposed Bill. Concerns were raised at a meeting earlier this week and it is great to have the opportunity to put those concerns to Ms Comer and Mr. Smyth. I thank them for their time. I am very supportive of the principle of the proposed Bill. When I was a tenant, I was offered the opportunity to purchase from my landlord. This does happen...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: Is that limited to apartments? If the landlord owns, say, three houses in the one housing development, would that kick in?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: If, for example, Mary wanted to provide her apartment to her son, John, that can only happen with the tenantin situ.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: In that situation, Mary would provide notice to quit for a family member to move in in advance of a sale.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: But if John wanted to move in and that was the basis of him getting this apartment-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: I am sorry if this is a silly question. What is the difference between a sale and a gift in this situation? If there is money changing hands, that is a sale.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: In that situation, Mary would first provide her tenant with 90 days notice. There is no family exemption.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: That could slow down a familial purchase by a minimum of a year. Is that right?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: It would, would it not? If Mary wants to sell to John-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: But John cannot move in.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: A year in advance of purchase.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: Mr. Smyth might explain that to me because it sounds different.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: What if Mary's intention is to sell to John?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: So there is no familial exemption.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: A year after they move in.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: That is quite different from what we heard on Tuesday, when there were concerns about some section of the Act dealing with it and some section of the Act not dealing with it. The witnesses are saying that the section has been removed in its entirety.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: To be clear, the rationale is that the Department is a little concerned that having the tenant who is in situprovided with the opportunity to purchase might become problematic. Why is that head being removed?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

Emer Higgins: I wonder what proportion of the property market is gifted. We are probably more likely to be talking about sales, realistically, and that is not covered in this situation.

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