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Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: I move amendment No. 20: In page 35, line 19, after “Minister” to insert the following: “, following consultation with the Joint Oireachtas Committee on Housing, Planning and Local Government,”. Under this subsection the Minister may give a direction to the regulator to amend draft standards. That is quite a significant shift. Obviously, the Minister would...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: I agree with the Minister having the ability to do that because legislation and policy change and the regulator must operate within the democratically agreed policy, legislative and budgetary framework set out by the Oireachtas. My problem is that there are some instances where, for example, with respect to certain planning regulations, the Minister consults with this committee. We do not...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: That would only be the case if we had a vote on the matter. I do not propose that. All I am saying is that this is essentially a transparency measure in that if the current Minister or one of his successors intended to use this function, there would be a level of transparency in that he or she would have a consultation. Ultimately, my amendment does not prevent the Minister from doing what...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: Is the Minister willing at least to look at this between now and Report Stage or is he just saying "No"?

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: I saw his smile. He is saying "No". I will press the amendment.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: Yes.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: I move amendment No. 23: In page 41, lines 34 and 35, to delete “considers it is necessary to do so for the purposes of the performance of any of its functions” and substitute the following: “has reasonable suspicion that an AHB may not be fulfilling its responsibilities as set out in this Act and in particular the standards set out in section 38”. While it...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: In some senses what the Minister has done is add a second part of the sentence after "necessary" to define the word as meaning necessary for the fulfilment of the regulator's functions. If it said that in the Bill, I would agree with him, but it does not. If that is the meaning of "necessary", why not spell it out in the Bill? If he did, that would be a more than reasonable resolution of...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: On that basis, I am happy to withdraw the amendment, but I ask the Minister to consider clarifying the matter in an amendment on Report Stage.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: Otherwise, I may submit a similar amendment.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: These are important amendments. Again, this is a matter of due process. The investigations and reports, interim and final, are really important parts of the Bill and I fully support them. However, copies should be made available to the approved housing bodies or the individuals in those bodies, as appropriate. I have a concern about the publication of an interim report, particularly in...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: I have not withdrawn them.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: What about the second amendment, No. 25?

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: I hear what the Minister is saying about making the interim report available to other bodies. He has made a convincing case in that respect. The issue, however, is the publication of the interim report. What would be the value of allowing that?

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: Does, or could, the Minister envisage circumstances in which an interim report would be published without the approved housing body having had sight of it beforehand?

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: That is the nub of the question.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: On the basis of what the Minister is saying, I will be happy to withdraw both amendments on a similar basis to Deputy Darragh O'Brien. If the officials were able to give us a note to say that, on the basis of the court case, it is not possible to publish an interim report without its having been provided to the approved housing body previously, I would certainly be satisfied to withdraw the...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: I move amendment No. 30: In page 47, between lines 31 and 32, to insert the following: "(6) Within six months of the passing of this Act, the Minister shall commission a report, following engagement with all relevant stakeholders, on the establishment of an AHB resolution scheme dealing with all issues involved in stock transfer including the legal, financial and consultative issues...

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: The Minister constantly surprises me.

Select Committee on Housing, Planning and Local Government: Housing (Regulation of Approved Housing Bodies) Bill 2019: Committee Stage (19 Nov 2019)

Eoin Ó Broin: I move amendment No. 32: In page 50, to delete lines 7 and 8. This seems to be an unnecessary and onerous requirement placed on the Residential Tenancies Board. The Minister is going to accept the amendment.

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