Results 301-320 of 10,683 for speaker:Ivana Bacik

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I am grateful to Senator Norris for providing a very pertinent example of the sort of situation where the authority might be meeting housing needs objectively but, in fact, those needs are not being met in an appropriate way. I ask the Minister of State at least to consider taking on board our comments and revert to the issue on Report Stage. I would be very grateful if he would do so. It...

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: Yes.

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I move amendment No. 34: In page 17, subsection (4), between lines 35 and 36, to insert the following: "(h) additional needs of the household including medical, education, social, and cultural needs required to promote social inclusion and the development of sustainable communities.". This amendment is more substantial than the previous one. It inserts a new subsection (4)(h) in section 20...

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I accept there are other places in the Bill where these points could be made but I believe it is useful to insert them at this point in section 20. I have tabled amendments to further sections. I note the Minister of State's point regarding the regulations provided for in subsection (6) providing for matters by reference to which a household's need for social housing support will be...

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I would like to raise a couple of points about the Minister's amendment. Senator Norris will speak about his own amendments, although I support them. My difficulty with subsection (5) is that it does not appear to contain any discretion.

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I take the Minister's point that section 33, particularly subsection (5), allows an authority, where it is satisfied a household would suffer undue hardship if it owes money, to enter into an arrangement with the household. My concern is that without Senator Norris's amendment, the Minister's proposed subsection (5) appears to rule out discretion on behalf of the housing authority to do this.

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: There will be difficulty in interpreting how this subsection, together with section 33, is to be read. I am delighted to hear the Minister say that section 33 is intended to cover and perhaps provide discretion, but there does not appear to be discretion in subsection (5). I am concerned about the way in which it is drafted. The reason I am so concerned is not just the use of the words...

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: On a point of order and to assist Senator Norris, I note that section 33 explicitly does not apply to section 20. Subsection (1) of section 33 lists the provisions to which it applies but section 20 is not included.

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: Subsection 20(5) which provides the flexibilities states that where there are moneys due under any of the provisions——

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: It is a point of assistance to my friend.

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: That does not include section 20.

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: The Minister of State raised the issue of the interaction of section 33 with section 20. I said a court would have difficulty in reading the two together. On careful reading, it would actually have no difficulty. The provisions of section 33 clearly do not apply to section 20. Section 33 specifies those provisions of the Bill to which it does apply and section 20 is not included among...

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: It needs to be voted on if the Minister of State will not indicate that he might at least look at the points I have raised about this interaction, given that he first mentioned section 33. I do not see how the provisions of that section in its current form could possibly apply to section 20.

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I am grateful for those entirely undeserved and kind comments. If it is not possible to make an amendment to this provision on Report Stage, the Minister of State might consider addressing the issue in a different way by amending section 33 to make it explicit that it applies to the power of housing authorities to determine whether households are eligible for social housing support under...

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I know why section 33 specifies "where there are moneys due and owing by a household to a housing authority under any of the provisions to which this section applies...". It applies to earlier legislation under which money may be owing and so forth. My difficulty, however, is that section 20(5) gives no discretion to a housing authority. It simply states a "household shall not be eligible...

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I am grateful that the Minister of State has indicated he will refer it to the Chief Parliamentary Counsel. I ask that the latter might advise on the interaction between section 20 and section 33 and whether it would be possible to import some measure of discretion into that currently absolutist language in section 20(5). If the Chief Parliamentary Counsel will advise on this, we are...

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I move amendment No. 40: In page 18, subsection (6)(b), line 3, to delete "need;" and substitute the following: "need. In particular housing need assessments must have regard to the need for housing of people who— (i) are homeless, (ii) are members of the Travelling Community, (iii) are living in accommodation that is unfit for human habitation or is materially unsuitable for their adequate...

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I do not intend to press the amendment but I reserve the right to come back to it on Report Stage.

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I move amendment No. 41: In page 18, subsection (7), line 6, to delete "may" and substitute the following: "shall, within one year of the commencement of this section,". This is self-explanatory. It seeks to amend section 20(7) not to make any change to its purpose but to provide a time limit within which it would take effect. I have changed "may" to "shall, within one year of the...

Seanad: Housing (Miscellaneous Provisions) Bill 2008: Committee Stage (Resumed) (3 Dec 2008)

Ivana Bacik: I reserve my position until Report Stage and will not press the amendment now.