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Written Answers — Department of Housing, Planning, and Local Government: Wildlife Protection (3 Nov 2020)

Darragh O'Brien: I plan, with Minister of State Noonan to establish this dedicated Unit during 2021. Details in relation to the functions, location and staffing resources of the Unit have not been determined at this time.

Written Answers — Department of Housing, Planning, and Local Government: Data Protection (3 Nov 2020)

Darragh O'Brien: Twelve personal data breaches were identified by the Department of Housing, Planning and Local Government in 2019. All were dealt with in line with the Department’s Data Breach Management Policy, and as required under Articles 33-34 of the General Data Protection Regulation (GDPR). All twelve have been closed/resolved.

Written Answers — Department of Housing, Planning, and Local Government: Closed-Circuit Television Systems (3 Nov 2020)

Darragh O'Brien: Community based CCTV schemes fall under Section 38 of the Garda Síochana Act 2005, as amended, which is under the remit of the Department of Justice. Matters relating to environmental enforcement are a matter for the Department of Environment, Climate and Communications. Local authorities are data controllers in their own right, with their own data protection officers appointed. My...

Written Answers — Department of Housing, Planning, and Local Government: Commercial Rates (3 Nov 2020)

Darragh O'Brien: Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes, in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Acts 2001 to 2015. The Annual Rate on Valuation (ARV), which is applied to the valuation of each property determined by the Valuation Office to...

Written Answers — Department of Housing, Planning, and Local Government: Local Authority Functions (3 Nov 2020)

Darragh O'Brien: The Local Government Reform Act 2014 established municipal districts as the fundamental sub-county level of governance and democratic representation in the State. Separate town councils are not provided for under the Act. Municipal districts are a key decision-making component, with specified reserved powers, of plenary councils and each municipal district can include several towns and their...

Written Answers — Department of Housing, Planning, and Local Government: Building Regulations (3 Nov 2020)

Darragh O'Brien: New buildings and extensions or material alterations to existing buildings must comply with the legal minimum performance standards set out in the Building Regulations 1997 - 2019. In this context, the Building Regulations (Part M Amendment) Regulations 2010, and the accompanying Technical Guidance Document M – Access and Use (2010), which came into effect on 1 January 2012, set out...

Written Answers — Department of Housing, Planning, and Local Government: Capital Expenditure Programme (3 Nov 2020)

Darragh O'Brien: An examination of records indicates that my Department has not engaged in any capital project costing €20 million or more in the period from 2016 to date. Local authorities and bodies under the aegis of my Department enter into capital contracts in the course of their work, some of which is funded through the Department's Vote. As regards contracts for which local authorities are...

Seanad: Residential Tenancies Bill 2020: Second Stage (23 Oct 2020)

Darragh O'Brien: I am grateful to this House and Dáil Éireann for facilitating the passage of this critical legislation through the Oireachtas. I am conscious that the Seanad has been given limited time to examine the Bill and table amendments for debate. As colleagues know, I am a strong supporter of the Upper House, having been leader of the Opposition here for five years - in the other Chamber,...

Seanad: Residential Tenancies Bill 2020: Second Stage (23 Oct 2020)

Darragh O'Brien: How long do I have?

Seanad: Residential Tenancies Bill 2020: Second Stage (23 Oct 2020)

Darragh O'Brien: I hope I get back those ten seconds. As I have not had an opportunity to do so in person, I congratulate the Leas-Chathaoirleach on his elevation. I thank Senators for their support and queries and I will deal with as many of them as possible in the short space of time I have. I assure Senators that I spoke with the Leader a number of weeks ago and I intend to come here for a specific...

Seanad: Residential Tenancies Bill 2020: Committee and Remaining Stages (23 Oct 2020)

Darragh O'Brien: This issue arose previously, and there is one element that is relevant to the rent-a-room aspect. It was mentioned by Senator Seery Kearney as well. It is not for a landlord to decide if it is a rent-a-room situation or a real tenancy. The RTB can adjudicate on that point. Regarding this amendment, I cannot accept it. The Residential Tenancies Acts do not apply to licensing arrangements,...

Seanad: Residential Tenancies Bill 2020: Committee and Remaining Stages (23 Oct 2020)

Darragh O'Brien: To answer Senator Burke's question, later this afternoon the Seanad will debate the Health (Amendment) Bill that deals with the fines aspects. In terms of a breach due to exceeding the number of people allowed in a home, the person legally responsible in that instance is the tenant if he or she is in charge of the house. That is something for later this afternoon when the health legislation...

Seanad: Residential Tenancies Bill 2020: Committee and Remaining Stages (23 Oct 2020)

Darragh O'Brien: It is the tenants' problem. I try to do things that are realistic.

Seanad: Residential Tenancies Bill 2020: Committee and Remaining Stages (23 Oct 2020)

Darragh O'Brien: I have explained, Senator. He is here on his own. I respect this House, have come in here and asked the House for forbearance so that I can bring in this legislation that provides protections to tenants that are required in the middle of a pandemic, like I did in July. If we need additional protections into the future, as I said in July I would return to both Houses and introduce those,...

Seanad: Residential Tenancies Bill 2020: Committee and Remaining Stages (23 Oct 2020)

Darragh O'Brien: I take the point made by the Senator but there are six amendments in this grouping.

Seanad: Residential Tenancies Bill 2020: Committee and Remaining Stages (23 Oct 2020)

Darragh O'Brien: I do not even need to speak to the amendment; I could just say that I am not accepting them.

Seanad: Residential Tenancies Bill 2020: Committee and Remaining Stages (23 Oct 2020)

Darragh O'Brien: It is important, out of respect to Senators, that I explain why that is the case. Senators, including Senator Higgins, have gone to the trouble of preparing and tabling these amendments and I will not delay much further. An issue that has arisen a number of times is the sale of property being used as a reason to terminate a tenancy. There are about 200 ongoing investigations into that at...

Sittings and Business of Dáil: Motion (22 Oct 2020)

Darragh O'Brien: I move: It is proposed, notwithstanding the Resolutions of the Dáil of 10th September, 2020 and 21st October, 2020, that - (a) the schedule for the Dáil sitting week contained in Appendix 1 of the Report of the Committee on Standing Orders and Dáil Reform dated 8th September, 2020, is agreed to have effect until 17th December,2020, save that the Dáil shall meet on...

Fourth Report of the Committee of Selection: Motion (22 Oct 2020)

Darragh O'Brien: I move: That Dáil Éireann: (a) approves the Fourth Report of the Standing Committee of Selection in accordance with Standing Order 34, copies of which were laid before Dáil Éireann on 22th October, 2020, and appoints members to Select Committees accordingly, and (b) appoints Deputy Joe McHugh to be Chairman of the Committee on Members’ Interests of...

Residential Tenancies Bill 2020: Committee and Remaining Stages (22 Oct 2020)

Darragh O'Brien: That was not in August. I will clarify the matter in my response.

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