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Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: We discussed this at length and I know the Minister's officials said it was not their intention. However, section 11, as drafted, givescarte blancheto the Minister to impose or propose any fees. It states: "...determine the fees to be paid to it in relation to the performance, by or on behalf of it, of its functions." This was a concern raised with me and other members in regard to cost...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: That is helpful. Section 35(5), in particular, is significant because that is prescriptive on charging an AHB. I agree that if people are looking for copies of reports or the register or whatever else, there needs to be a fee to prevent spurious complaints or requests. I completely get that. The Minister is proposing the removal of section 35(5) and section 28(2)(e), which refers to...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: The amendment and the section deal specifically with the appearance of the chief executive before the Committee of Public Accounts. They would not restrict any other comment a chief executive might have to make. As a former Vice Chairman of the Committee of Public Accounts, it is important that we do not do anything that would impinge on its work. In the main it should be down to questions...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: I move amendment No. 15: In page 25, after line 39, to insert the following: “(4) Where an AHB provides ‘special needs accommodation’ for tenants with additional needs beyond an inability to provide for their housing from their own resources, “special needs accommodation” shall be defined as accommodation provided to persons who by reason of old age,...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: Not because the Deputy was locked out.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: The Minister mentioned before the suspension that his officials would speak to stakeholders. The amendment has been brought forward by way of the request of a couple of the bodies. If it is in an inappropriate place and should be included somewhere else in the Bill, I am happy to accept that and work on the issue before Report Stage. I also want to hear what Deputy Ó Broin has to say...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: I take a slightly different view because we also received a request. The rationale for this was to do with the regulatory independence. The Minister can direct the regulator about draft standards and changing them, with no reference to the committee. Does the Minister not see that in providing that the Minister of the day may direct the regulator to amend draft standards it is,...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: Specifically on this and subsection (5), to provide that the Minister would consult with the joint committee would be important because, based on what I said earlier, it gives a Minister a free hand. Even though the Minister cannot see an instance where he would come forward with amended standards and direct the regulator to implement them, this section gives a future Minister a free hand to...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: We honestly need to look at this. We are talking about standards for AHBs. I understand what the Minister is saying. This is not about frustrating or trying to impinge on ministerial powers or executive order; it is a matter of the committee having an input, even if it is just seeing what is coming down the line. We do not know what is coming down the line. The AHBs are playing a much...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: I am not saying that.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: That is fine.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: I move amendment No. 24: In page 42, line 21, to delete “(b) on” and substitute the following: “(b) on request, furnish a copy of a completed investigation report to—”. I may resubmit this amendment. I will reconsider the matter but I propose to withdraw the amendment.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: I propose to withdraw them but I reserve the right to table them on Report Stage, based on what the Minister says.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: It is fine. I have nothing to add if the Minister is going to accept the amendment.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: I move amendment No. 33: In page 57, to delete line 9 and substitute the following: “10 people, from among persons in respect of whom a recommendation for the purposes of this section have been made by the Public Appointments Service, who have experience or expertise in matters”. We have discussed this amendment previously at the committee. It has been forward strongly...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: I take the Minister's point because sometimes it can be difficult to have the proper cross-section of representation required. One of the things at which we looked previously was the need to be be more prescriptive in outlining the sectors, not the individuals, to be covered by the ten individuals. The response was that we could not really do it in primary legislation either. I can see why...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: I will withdraw the amendment.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: I was going to ask about scheduling as well. It is a priority for us all that we get this Bill through before the end of the year. I do not believe that there would be any amendment on Report Stage that would hold it up.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: The picture the Minister should have from the committee is that he can revert to his Cabinet colleagues now, assuming it is the Cabinet that will schedule when Report and Final Stages will be taken, and tell them that we will present no impediment to it passing as speedily as possible.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Darragh O'Brien: I have no issue with that.

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