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Seanad: Order of Business (1 Jun 2010)

Ivana Bacik: That debate must also look at the US relationship with Israel——

Seanad: Order of Business (1 Jun 2010)

Ivana Bacik: ——which is an important component of Israel's arrogance.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I move amendment No. 1: In page 4, between lines 13 and 14, to insert the following: ""complete" in relation to a development means complete to the agreed satisfaction of the developer and the owners' management company and the planning authority;". I welcome the Minister to the House. We had a full debate on Committee Stage on many of these amendments. The Labour Party's amendments have...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I should have referenced the Minister's amendment No. 10 which seems a good first step in meeting some of the concerns about completion the RIAI and the Labour Party have. The amendment requires a written contract between the developer and the owner's management company. While that would allay some of the concerns about the need to tighten up the completion provisions, the concern still...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I thank the Minister for his reply and I am grateful to him for indicating he is willing to accept amendment No. 50 in principle.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I am also grateful that he wants to resolve the vexed question of completion in some way. I regret it cannot be addressed through amendment in this House but I echo what he said. We are trying to help him to resolve the vexed issue of completion through amendments Nos. 1 and 26, in particular, and also through amendments Nos. 15, 27 and 50, which deal with the retention principle. Members...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I move amendment No. 4: In page 4, to delete lines 41 to 45 and in page 5, to delete lines 1 and 2. We debated this on Committee Stage. The amendment was suggested by the Apartment Owners Network to delete the definition of "relevant parts" in section 1 because their view, as consumers, is that the developer should have to indicate what are intended to be the common areas in the planning...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I second the amendment.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I support the Minister's amendment No. 10, which is an important safeguard for consumers. I note that he envisages the contract in writing would include a commitment by the developer to complete the development satisfactorily. That is important and goes some way towards meeting the concerns we have about ensuring this provision for adequate and effective completion to the satisfaction of...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I believe amendment No. 8 is about a different issue, which is section 3(1)(a).

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I see the point and thank the Minister for that clarification. Amendment No. 11 refers to an amendment we tabled on Committee Stage. It was suggested by the Apartment Owners Network to facilitate the enforcement of charges, but I take the Minister's point about the difficulty in requiring a residential address to be supplied, and so I am not going to press that amendment.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I move amendment No. 9: In page 6, line 36, before "ownership" to insert "the unencumbered beneficial and legal". Amendment No. 9 arises out of Committee Stage proceedings. It was not tabled on Committee Stage but arose from the debate on an amendment to section 4(2). It provides for the insertion of, in line 36 in page 6, before "ownership", the words, "the unencumbered beneficial and...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: The Minister stated in his response that he feels the amendment would be superfluous. We felt it was important to clarify what is meant by "interest", and that it should be unencumbered. I wished to raise this point with the Minister because it arose on Committee Stage debate. I ask him to consider it again, perhaps before it goes to the Dáil. I will not press the amendment.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: It was already discussed.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: All right. I was going to withdraw it in any case.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I move amendment No. 12: In page 6, between lines 40 and 41, to insert the following: "(2) An interest in a unit shall not be transferred subject to any conditions or covenant unless in the formulation of such condition or covenant, due regard has been had to environmental considerations.". The Minister may recall that this section was the subject of the most light-hearted discussion on the...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: To sum up the Minister's response to the two amendments, we have been too specific in amendment No. 42 and too general in amendment No. 12. However, I hope he accepts the policy interest I am expressing, which is to ensure the quality of life in apartments is improved and that environmental considerations are taken into account in their construction. I am glad to hear what he has to say...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I move amendment No.15: In page 6, between lines 45 and 46, to insert the following: "(3) On closing of a unit sale prior to completion of the development, the developer shall pay 5 per cent of the purchase prices to the owners' management company which shall hold such sum in trust for the developer until the development is completed.". This amendment was tabled during Committee Stage...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I am glad to hear the Minister say he will still look at this issue. I understood him to say there was an ongoing process of consultation with stakeholders, including the architects' body and the Law Society. On that basis, I will not press the amendment at this point. It is a pity we could not have had the consultation before the Bill was returned to this House for Report Stage. Perhaps...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Ivana Bacik: I move amendment No. 16: In page 7, line 24, to delete "The" and substitute the following: "Except where the multi-unit development has been completed, the". This amendment has been designed to make section 3(6) compatible with section 10(1). It is to try to ensure we have the words from section 4(2) transposed into section 3(6) to make it compatible with section 10(1) which deals with the...

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