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Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: I will explain. This Bill was introduced in the Seanad and has been amended in the Dáil. I have to report to the Seanad on the Dáil amendments. Group 1 includes amendments Nos. 1 to 9, inclusive, and amendment No. 18. These are not the Senators' amendments, but those passed by the Dáil. They are all pretty technical and concern matters such as changes to the Title. The...

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: This grouping, group 2, deals with three Government amendments passed by the Dáil, which I must read into the record here. There is an Opposition amendment within the grouping from Senator Warfield, namely, amendment No. 1. The Planning and Development Act 2000 and regulations were amended following a 2008 decision by the Court of Justice for the European Union, CJEU, in the case...

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: When will Senators vote on the amendments?

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: I will abide by the Leas-Chathaoirleach's ruling. The amendments are not being moved as we go along.

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: They will all be moved later. That is fine.

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: I will do so but I wish to respond to Senator Warfield briefly first. I will not be accepting his amendment for the reasons outlined already. I know that Senator Warfield agrees that it is imperative that we deal with the issue of substitute consent. As Minister, I have used the first opportunity presented to me, which is this Bill, to try to deal with the issue as expeditiously as...

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: I thank Senators for their responses. Senator Seery Kearny is 100% correct that this requires two pieces of paper to be downloaded. We sent out 450,000 letters and engaged in radio communications on the new tenancy rights and protections. Threshold is part of the homelessness task force, which I chair, and has met the RTB on this issue. The new system is working well. I will quickly...

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: I will address these amendments as quickly as I can. As Senator Warfield mentioned previously, the legislation we are amending is of quite a technical nature. It is important that Senators are clear on what we are doing. Amendment No. 15 inserts section 11 into the Bill to provide for circumstances in which Part 3 shall not apply, including where a landlord makes a counter-declaration to...

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: No. I will move to the next section if the Acting Chairman wishes.

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: Amendments Nos. 16 and 17 are Government amendments from the Dáil. Amendment No. 16 inserts sections 10 and 11 in the Bill. Section 10 provides that a notice of termination grounded on rent arrears and served during the emergency period shall not specify a termination date earlier than 13 April 2021 and shall give 90 days’ notice, rather than the usual 28 days. The position for...

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: I appreciate what Senator Warfield has said. Have we one more group?

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: Amendment No. 19 inserts section 16 into the Bill to provide that the RTB tenancy tribunals are not required to be held in public in the period to 12 April 2021. We have covered most of this, to be fair. Section 16 of the Bill amends section 106 of the Residential Tenancies Act in this regard. The amendment is modelled on similar provisions: section 7 of the Emergency Measures in the...

Seanad: Planning and Development, and Residential Tenancies, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (17 Dec 2020)

Darragh O'Brien: I thank all the Senators on all sides for their engagement. I am aware of their genuine interest in tenants' rights, housing and the importance of protecting those most at risk during Covid-19. I thank the Senators for their engagement at an early stage on this Bill. I initiated this legislation in the Seanad. We had to add to it substantially, which we did not necessarily envisage at...

Written Answers — Department of Housing, Planning, and Local Government: Property Registration (17 Dec 2020)

Darragh O'Brien: In relation to any specific cases with the Property Registration Authority (PRA), arrangements have been put in place to facilitate the provision of information directly to members of the Oireachtas. Further information in relation to the specific case referred to may be obtained by contacting the dedicated e-mail address in respect of the PRA at reps@prai.ie.

Written Answers — Department of Housing, Planning, and Local Government: Flood Relief Schemes (17 Dec 2020)

Darragh O'Brien: Local authorities are designated as lead agencies for coordinating the local response to flooding emergencies as per the Government decision relating to the “Framework for Major Emergency Management” (2006). The arrangements for emergency management are seen as having worked extremely well, in particular the responses led by local authorities to flooding and other severe...

Written Answers — Department of Housing, Planning, and Local Government: Social and Affordable Housing (17 Dec 2020)

Darragh O'Brien: As housing authorities, local authorities are responsible for the identification of the social housing need in their area. The statutory Summary of Social Housing Assessments (SSHA) carried out annually since 2016 captures the total number of households qualified for social housing support to better inform policy and to allow local authorities, such as Dun-Laoghaire Rathdown County Council,...

Written Answers — Department of Housing, Planning, and Local Government: Rental Sector (17 Dec 2020)

Darragh O'Brien: The Residential Tenancies Acts 2004-2020 provide that where a tenant has been in occupation of a dwelling for a continuous period of 6 months, with no valid notice of termination having been served during that time, a 'Part 4 tenancy' is established to cover the next 5 years and 6 months. Section 34 of the 2004 Act provides that a landlord must state a reason for the termination in any...

Written Answers — Department of Housing, Planning, and Local Government: Housing Policy (17 Dec 2020)

Darragh O'Brien: The Programme for Government provides that: The Government will establish a Commission on Housing to examine issues such as tenure, standards, sustainability, and quality of life issues in the provision of housing. Further scoping is necessary as to the most appropriate type of structure for the Commission and to flesh out the issues that it will be tasked with examining. The establishment of...

Written Answers — Department of Housing, Planning, and Local Government: Gas Networks Ireland (17 Dec 2020)

Darragh O'Brien: A reply to the representation in question issued on 6 November 2020. The subject matter of the representation remains under active consideration. Subject to the consent request be approved, the timing of payment will be a matter solely for Ervia.

Written Answers — Department of Housing, Planning, and Local Government: Housing Adaptation Grant (17 Dec 2020)

Darragh O'Brien: The detailed administration of the Housing Adaptation Grants for Older People and People with a Disability scheme in respect of private houses, including the assessment, approval and payment of individual grants to applicants, is the responsibility of the relevant local authority. The framework for the operation of the scheme is laid down in statutory regulations, namely the Housing...

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