Noel Ahern (Dublin North West, Fianna Fail)

It would not be beneficial to insert examples of a few matters that might be deemed to involve penalisation. There is a danger that the insertion of such examples might detract from the effectiveness of the provision. Section 14, as it stands, provides the most comprehensive definition of penalisation possible in terms of any action that adversely affects the tenant enjoying peaceful occupation of the dwelling by specifying that such action may constitute penalisation, even if it involves action by the landlord that would otherwise be legal.

This section was extended on Committee Stage in the Dáil to cover complaints to public authorities generally or to the gardaí. This will ensure that matters such as complaints about accommodation standards or fire safety as well as applications to the Revenue Commissioners for tenant's tax relief are covered under the anti-penalisation provisions.

If legislation includes the words "any action", that covers everything. The alternative is to list matters and the board or mediator involved may decide that such action applies to only those matters listed and that another matter that may arise is specifically excluded. The legislation provides for any action and we consider that term to be all-embracive. While I understand what the Senator is trying to achieve, there is a danger that what he proposes, even if it well meaning, might be interpreted later as a watering down of the provision.