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Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: As a general rule, to be eligible to use the small claims procedure, a consumer or business must have purchased goods or services from someone selling them in the course of business. Claims cannot be made to the Small Claims Court in respect of debts, personal injuries or breach of lease agreements. The small claims procedure has always been pro-consumer and was never intended to serve as a...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: The District Court is available under the legislation and would be the first court to which persons would take a case. It is, by and large, relatively inexpensive to take a case to the District Court, albeit not as inexpensive as the Small Claims Court. The latter was designed to deal with minor, non-complex issues, whereas cases arising under the section are relatively complex and would...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: This section relates to the holding of mediation conferences to resolve disputes in relation to multi-unit developments. I have decided to amend the provision to provide that a court may, of its own volition, direct that mediation be attempted to resolve the conflict. It has always been my intention to encourage the use of mediation in these circumstances and I consider that allowing the...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: We examined recent provisions in the Civil Liability Act and concluded they would be reasonably applicable in this type of case. I do not propose to introduce regulations governing how the mediation should be organised, as this matter is best left to those involved who have the necessary expertise. I am aware of a significant shift, particularly among those in the legal profession, towards...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: In addition to the transfer of guarantees and warranties provided for in section 25 I want to ensure that all relevant documentation be provided to the owner of a management company. To enable the smooth running of the company, the extensive list of required documentation is now specified in the new Schedule 3 of the Bill. Amendment No. 74 inserts a new Schedule 3 into the Bill. Section 25...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: The "safety file" is the term used. We understand it would include the fire safety documentation but we can double check it for Report Stage.

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: We are going on the basis of what the Law Reform Commission recommended. A smaller number of units do not necessarily have the comprehensive common areas we are trying to address in this legislation. What the Deputy is seeking is that units which have two or more but not less than four units would have a management company which would be a fairly significant burden on a small number of unit...

Seanad: Multi-Unit Developments Bill 2009: Committee Stage (10 Mar 2010)

Dermot Ahern: ): I ask that Senator Bacik intervene with her parliamentary colleagues in the Dáil, who keep asking why this Bill is taking so long in the Seanad. Perhaps she would impress upon them that there is a need to take time for consideration.

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: Will Deputy Gilmore give way?

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: A Labour Party Deputy suggested we compensate landlords.

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: Does Deputy Gilmore agree that we compensate landlords?

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: Deputy Gilmore, despite all his rhetoric, will not answer that question.

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: I will publish the Attorney General's brief on the matter.

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: It would weaken Deputy Gilmore's arguments.

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: I reacted to the Labour Party Deputy who wanted me to compensate the landlords.

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: She said we may have to compensate the landlords.

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: I want to ask Deputy Gilmore a question.

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: Will Deputy Gilmore confirm that it is Labour Party policy to compensate the landlords and that is what his spokesperson said?

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: That is what his spokesperson said.

Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage (Resumed) (10 Mar 2010)

Dermot Ahern: I clearly said last night-----

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