Results 1,141-1,160 of 15,555 for speaker:Eoghan Murphy

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

Eoghan Murphy: I am of the opposite view on the wording. I think "considering it necessary" is actually a higher bar or threshold and that "has reasonable suspicion" does allow for the regulator to wake up one morning and decide that something seems off. What we want is, after a rigorous process, for the regulator to come to the conclusion that he or she cannot do his or her job as regulator without now...

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

Eoghan Murphy: I suppose the reason it is not spelled out is that the thinking was that this was not self-evident. Considering the whole process that must be put in place prior to appointing an investigator, it could not be done on spurious grounds. That necessarily meant that the regulator deemed that it was needed for him or her to be able to continue to regulate. I can now understand, in the context...

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

Eoghan Murphy: I will.

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

Eoghan Murphy: It is important to be able to produce an interim report and consult other bodies, not just the approved housing body in question, because there may be phases to an investigation, depending on how the work is structured. Also, the investigator might want to consult other bodies, such as the Charities Regulator, based on the interim findings before producing a final report that would be...

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

Eoghan Murphy: What is the amendment about specifically?

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

Eoghan Murphy: The Bill allows the regulator to determine that certain parts that might be sensitive or still to be worked out would not be published. The value in allowing the publication of an interim report is that it might be in the public interest to understand that certain aspects have been addressed satisfactorily, for example, if the investigation has been phased. The public could determine...

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

Eoghan Murphy: I do not believe it is allowed for in the legislation. Due process would not allow for it.

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

Eoghan Murphy: The Supreme Court established a new procedure in regard to due process in the Alan Shatter case. He was not consulted prior to publication.

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

Eoghan Murphy: I will make sure I am correct on that before Report Stage.

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

Eoghan Murphy: It falls under natural justice and the right to reply, which has been recently upheld in a finding.

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

Eoghan Murphy: I move amendment No. 26: In page 47, line 8, after "provided" to insert "for the purpose specified in section 26(2)(b)(i)". The purpose of the amendment is to clarify that only dwellings provided with assistance given by a housing authority under section 6 of the Housing Act 1992 can be transferred under section 54, which is the section that deals with transfer by consent. Concerns were...

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

Eoghan Murphy: I move amendment No. 27: In page 47, line 11, after "dwellings," to insert the following: "together with any common areas, structures, works and services and communal facilities and amenities that are in the ownership or under the control of that person,".

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

Eoghan Murphy: I move amendment No. 28: In page 47, to delete lines 13 to 21 and substitute the following: "(3) A notice under subsection (2)shall set out— (a) the reasons why the Regulator considers it necessary that the transfer required under subsection (2) be made, (b) details, including their location, of the dwellings and any common areas, structures, works and services and communal...

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

Eoghan Murphy: I move amendment No. 29: In page 47, to delete lines 22 to 27 and substitute the following: "(4) Where a notice under subsection (2)is given to a person to whom this section applies, the person shall give a copy of the notice as soon as practicable to— (a) the housing authority in whose functional area the dwellings that are required to be transferred under subsection (2)are...

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

Eoghan Murphy: I like this amendment. I believe we can insert it in section 4, concerning the review of the Act. We might change "six months" to "one year" to give the regulator some time to get things up and running. It is an important point. I was looking at it last night and believe it makes sense. If the Deputy could resubmit the amendment under section 4, concerning the review of the Act, and...

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

Eoghan Murphy: In a good a way.

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

Eoghan Murphy: I move amendment No. 31: In page 48, lines 31 to 33, to delete all words from and including "(including" in line 31 down to and including "dwellings)" in line 33 and substitute the following: "(including any tenant of a dwelling to which the order applies and any mortgagee or other person who is the owner of any security or charge affecting any such dwelling or any common areas,...

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

Eoghan Murphy: I am trying to help.

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

Eoghan Murphy: I thank the Deputies for the proposed amendments. The Office of the Parliamentary Counsel states the amendment is not necessary in primary legislation because I am bound by certain duties in the Government code of practice. I know that there is a fear that the Minister might just go and appoint ten people whom he or she had hand-picked. I have never done that and it is actually very rare...

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

Eoghan Murphy: I completely get where the Deputy is coming from but the difficulty is trying to do it through primary legislation in a manner that would not hinder a Minister in the future. If we said that, of the ten, a minimum number must come from, say, a tenancy advocacy organisation, there could still be difficulties in finding such people and then, from a legislative point of view, the board as...