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Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: Is No. 53 included in the discussion?

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: That is fine.

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: To clarify, at the opening of the debate I indicated my intention to withdraw amendments Nos. 41 to 43, inclusive, 46 and 47.

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I move amendment No. 45: In page 25, between lines 7 and 8, to insert the following: "(18) Before making or amending an allocation scheme, a housing authority shall provide a draft of the scheme or amendment to the scheme to housing authorities, voluntary sector housing and homeless service providers and other relevant bodies, who may respond to the proposed scheme or amendment to the scheme....

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: The Minister's resistance to accepting this amendment appears to be based on whether it is a reserved or executive function. Ultimately, the general public, stakeholders and agencies that deal with local authorities, be it the officials or public representatives, deserve the same quality and type of approach. Consultations should take place with public representatives as much as with staff...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I move amendment No. 48: In page 30, between lines 6 and 7, to insert the following: 28. - A tenant of a local authority who whether before or after the commencement of this section purchases a fee simple from the authority may alienate the fee simple without the consent of the authority.".

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: This is probably the only success I will achieve this afternoon so I might as well make the most of it. Every day I spend in the House I am usually surprised and boggled. When I moved the amendment on Committee Stage, it was abundantly clear it was a technical amendment. I do not know what the procedures are in minute detail but I am learning them as I spend more time in the House. There...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I move amendment No. 1: In page 7, line 7, after "PLANS" to insert "AND HOMELESS ACTION PLANS". There has been a lot of debate in the House on the time apportioned to debating the Bill this evening. I withdraw amendments Nos. 21 to 25, inclusive, amendments Nos. 41 to 43, inclusive and amendments Nos. 46 and 47. These are amendments which were also debated on Committee Stage. I do not...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: The substantive amendment with regard to amendments Nos. 1, 17 and 20 is amendment No. 27. As the House is aware, when the Bill was first drafted, it contained no mention of homelessness. It was not until the Bill reached the Seanad that we saw the inclusion of the issue of homelessness. Amendment No. 27 proposes that: Each housing authority shall establish a process ... within its...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I note that amendment No. 175 at paragraph (5) states: The Act of 2004 is amended by inserting the following section after section 147: 147A.—The Board [namely, the Private Residential Tenancies Board] shall, at such intervals as are specified by the Revenue Commissioners, disclose to the Revenue Commissioners information contained in the register the disclosure of which to the Revenue...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I move amendment No. 7: In page 9, between lines 39 and 40, to insert the following: ""persons with a disability" shall mean persons with a disability within the meaning of section 2 of the Disability Act 2005.". These amendments relate to the issue of disability. There was an oversight related to homelessness in the Bill when it was first published. I have received representations from...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I move amendment No. 9: In page 11, after line 41, to insert the following:

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I thank the Minister of State for his reply and for his expression that there is merit to the proposal. The Minister of State has stated in replies to parliamentary questions and on Committee Stage that the Residential Tenancies Act is under review. That is not to say that the Residential Tenancies Act cannot be amended this evening as it has been amended by the Minister already. I do not...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I move amendment No. 10: In page 11, after line 41, to insert the following: "10.—In this Act and in the Principal Act, "deposit" means any money intended to be held (by the landlord or otherwise) as security for— (a) the performance of any obligations of the tenant, or (b) the discharge of any liability of the tenant, arising under or in connection with a tenancy.".

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I move amendment No. 11: In page 11, after line 41, to insert the following: "10.—(1) Where a landlord requires a tenant, on entering into an agreement for a tenancy or lease, to pay a deposit, the deposit shall be paid by the landlord to the Board at the time of application for registration of the tenancy under Part 7 of the Principal Act and shall be held by the Board until— (a) an...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I move amendment No. 12: In page 11, after line 41, to insert the following: "10.—(1) Section 92 of the Principal Act is amended by inserting the following after subsection (4): "(5) For the purposes of this section, and in particular to enable the Board to clarify for itself and for the parties any issue arising in relation to a dispute referred to it, the Board may— (a) inquire into any...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I move amendment No. 13: In page 11, after line 41, to insert the following: "10.—(1) The Board shall establish an investment account (the "account") into which deposits paid to it under this Part shall be deposited. (2) The National Treasury Management Agency ("the Agency") shall manage the account on behalf of the Board. (3) Moneys in the account shall be invested and the investments...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I move amendment No. 14: In page 11, after line 41, to insert the following: "10.—(1) (a) The Health Service Executive shall not make a payment of a supplement towards the amount of rent payable by a person in respect of his or her residence where the tenancy has not been registered in accordance with the provisions of Part 7 of the Principal Act, unless the tenancy is one which is not...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Ciarán Lynch: I move amendment No. 15: In page 12, between lines 30 and 31, to insert the following: "(xi) the provision, adaptation or improvement of housing for persons with a disability,". The purpose of amendments Nos. 15 and 29 is to ensure adequate provision for promoting the independence of persons with a disability. The Bill goes some way to rectifying situations where significant sums of money...

Local Authority Levies. (24 Jun 2009)

Ciarán Lynch: Question 25: To ask the Minister for the Environment, Heritage and Local Government the effect of circular letter Fin 03/2009 of 13 February 2009 on the funding of each local authority, particularly in relation to the prohibition of spending of development levies that were held on account before 1 January 2009; his rationale for issuing said directive; the estimated sum that is held by...

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