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Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: Yes, they will still be obliged to register with the PRTB and they will still subject to the latter's rules. Legislation designed to bring voluntary housing bodies under the remit of the PRTB is before the Seanad at present. There will be a need to co-ordinate that Bill and the one before us.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: It will apply when the other legislation to which I refer has been enacted. It is really a question of which Bill is passed first.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: That is a fair question. We will be obliged to consider this matter, particularly in the context of which legislation might be enacted first. I am advised that the Bill before us will be enacted first and that when the other legislation is passed, all the approved housing bodies will be brought under the remit of the PRTB. It is a question of timing. The intention is that the legislation...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: That is a fair point. I may be in a position to clarify the matter on Report Stage at which point I will know a little more about the timeframe relating to the passage of the other legislation.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: My understanding that recourse to the Office of the Ombudsman is available to people who have undergone the various processes and who are not satisfied with what has occurred. There is nothing to suggest that this will not be-----

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: There is no exclusion and as is the case with any matter relating to local authorities, I presume it will be open to people to approach the Office of the Ombudsman.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: There were significant arrears in respect of local authority tenant purchase and mortgages generally with local authorities. There are significant arrears anyway among people who have mortgages of one type or another, and because local authority mortgages tend to involve people who are in lower income bands, they tend to be under a great deal of stress. I have probably provided replies to...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: I do not know of any plans to change the scheme relating to local authority loans in terms of getting two refusals and so forth. I have some concerns about cases in which people have been refused loans even though one would be of the view that they should be in a position to repay them. I am trying to ascertain whether that must be examined. We must be very careful about these things...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: I will try to publish an outline of what we have in mind as quickly as possible. That will give members a sense of it and an opportunity to debate it before we sign off on the regulations.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: I move amendment No. 16: In page 45, between lines 20 and 21, to insert the following:“Part 3 and amendment of Act of 1992 32. The Act of 1992 is amended by deleting section 26(2).”.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: I move amendment No. 17: In page 45, between lines 32 and 33, to insert the following:“(a) in section 10(a) by substituting the following for subparagraph (iv):“(iv) the sale, or consent to the sale, of a dwelling under section 90(1)(b) of the Principal Act to a person other than another housing authority;”,”.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: I move amendment No. 18: In page 46, to delete lines 6 to 18 and substitute the following:“(c) in section 20 by substituting the following for subsection (5):“(5) (a) Subject to paragraph (b), a household shall not be eligible for social housing support where—(i) at any time during the 3 years immediately before the carrying out of the social housing assessment, the...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: I move amendment No. 19: In page 46, between lines 24 and 25, to insert the following:“(f) in section 43(1) by substituting the following for paragraph (a) in the definition of “eligible household”:“(a) a household assessed by a housing authority under section 20 as being qualified for social housing support, which has been allocated a dwelling to which this Part...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: I move amendment No. 20: In page 46, to delete lines 25 to 42, and in page 47, to delete lines 1 to 11 and substitute the following:“(f) in section 43 by substituting the following for subsection (2):“(2) (a) A housing authority shall not proceed with the sale of a dwelling under an incremental purchase arrangement to a household referred to in paragraph (b) of the definition of...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: The section provides that payment of housing assistance by a housing authority in respect of a dwelling will not mean that the dwelling has been let by a public authority within the meaning of section 3(2)(c) of the Residential Tenancies Act. The Residential Tenancies Act will apply, so it still be under the Private Residential Tenancies Board, PRTB, even if the person is in HAP, because he...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: Yes, it will. That is the intention. The Residential Tenancies Act and the PRTB will apply, except to dwellings provided under the capital assistance scheme, CAS.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: I move amendment No. 12: In page 37, line 20, to delete “the tenant” and substitute “subject to subsection (2), the tenant”.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: I move amendment No. 13: In page 37, between lines 27 and 28, to insert the following:“(2) In applying subsection (1)(a)(ii), a housing authority shall disregard the case where the authority or the approved body concerned is satisfied that the failure of the tenant or household member concerned to substantially comply with the terms of the rescheduling arrangements was due to...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: I move amendment No. 14: In page 39, to delete lines 22 and 23.This amendment is to section 25(2) and deletes the requirement that a tenant purchaser of an existing local authority house will, during the period of the incremental purchase of the property, have to obtain the prior written consent of the housing authority to carry out material improvements to the house. This will make it...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Housing (Miscellaneous Provisions) Bill 2014: Committee Stage (4 Jun 2014)

Jan O'Sullivan: We are removing the requirement to obtain prior written consent to make improvements.

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