James Bannon (Fine Gael)

I move amendment No. 5:

In page 24, before section 13, to insert the following new section:

"13. No provision of any lease, tenancy, contract or other agreement (whether entered into before, on or after the relevant date) may operate to discharge or relieve the landlord from any of his or her duties or responsibilities under this Act or which would defeat the spirit of this Act."

This amendment seeks to ensure that, while in a superior position of knowledge, the landlord cannot avoid of any of his or her responsibilities. While the purpose of the provision is to protect all tenants, it is of particular relevance to those vulnerable tenants who would not be in a position to secure legal advice before signing a lease. Such persons include elderly people moving into towns. It is an important amendment.

Amendment No. 10 seeks to insert the words "and do not limit the landlord's statutory obligations under this Act". I propose this amendment in the interests of tenants to ensure that the conditions of a lease cannot be manipulated by a landlord to relieve himself from his duties under the Act. A safeguard of this kind is necessary. We must be more explicit about a matter as central as this even though the Minister of State may reply to the effect that he has covered it already. This is the usual feedback I receive. Both amendments are necessary in the interests of tenants to acknowledge the responsibility of the landlord. Perhaps the Minister of State will consider adopting them.

I never like to see amendments grouped. It is an indication that it is all or nothing and there is less likelihood of an amendment being accepted when it forms part of a group. I have never seen a group of amendments accepted. Perhaps the Minister of State will change his practice on this occasion.