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Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: Yes.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: This law comes into effect on 1 July. In the case of persons who then apply for planning permission, there will not be an eight-week turnaround process because 99.9% of the applications will be immediately refused based on their addresses. They will not be in breach of the law until they get that refusal.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: No. I am saying that it is not going to fall foul of the complications we have in regard to, say, an application for an extension to a house.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: Public consultation periods and so on are not being impacted because we are not making any amendments in that area. There will be a timeframe within which a person may make an observation but it would not necessitate the complications that we see in other planning cases because it is straightforward.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: Yes. If people think they can, that is no problem.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: It would not be their fault.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: In some ways, we should hope that nobody is watching this. They say that making laws is like making hot dogs because nobody wants to see how it is actually done.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: It was said by an American. Once we have finalised this legislation, I can then go out and advertise the change made.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: The Deputy's point stands, as does his earlier example.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: Is the Deputy is talking about a situation where a person applies for planning permission for a residence that is not his or her primary residence in order that he or she can carry out short-term letting?

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: The Deputy is not talking about a principle private residence, but rather a situation where the person applies for planning and gets it.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: What the Deputy has described is not my reading of the legislation.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: The point of the 14-day rule is to allow for executive letting. I understand from where the question is coming.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: I agree with the Deputy's point about regulating the platforms. If a company publishes content, it is responsible for that content. If it is advertising something, it is, within specific parameters, responsible for that advertisement. It might be difficult to find the person responsible for putting up fake photos, for example. Sinn Féin's Bill in the Seanad speaks to that point. We...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: I spoke with officials yesterday about the planning, rental and inspections function in the local authority in Wicklow. As we talk through the guidelines next week, we can get into that detail. I am not trying to move off the question. We are trying to provide the enabling legislation so that we can get into that detail next week. There has to be some nuance in the guidelines, in what...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: I move amendment No. 2: In page 5, between lines 18 and 19, to insert the following: “(3) The Planning and Development Acts 2000 to 2018 and section 27may be cited together as the Planning and Development Acts 2000 to 2019.”.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: I will stay away from Second Stage speeches but I acknowledge and appreciate the Deputy's support for the Bill. I thank him for recognising some of the impact that it will make. Putting something like "emergency" in the Title is tokenistic. I do not think it is true that the Deputy would bring those proposals forward if he was Minister because they are not constitutional and they would not...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: It extends notice to quit periods. It puts in place greater protections relating to section 34. We know that the Tyrrelstown amendment, as it is colloquially known, has been tested recently and has proven to be robust, but we also know that that was as far as it could go constitutionally. We also know that the majority of landlords in the country own just one or two properties. What...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: That is unconstitutional.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoghan Murphy: I move amendment No. 3: mendment of section 3 of Act of 2004 3. Section 3 of the Act of 2004 is amended— (a) by the insertion of the following subsection after subsection (1): “(1A) (a) Subject to subsection (7), this Act also applies to every dwelling (the subject of a tenancy created not earlier than one month after the commencement of paragraph (a)of section 3of the...

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