Seanad debates

Tuesday, 6 July 2004

Residential Tenancies Bill 2003: Committee Stage (Resumed).

 

1:00 pm

Photo of David NorrisDavid Norris (Independent)

I welcome the tone of the Minister of State's final contribution and his statement that it may be possible to examine this matter in other legislation. Apart from anything else, we may be forced to do so but I would prefer if it was done with goodwill. We must examine the notion of the family and confront the human aspect of the issue. As legislators, we have been put on notice by the courts in this regard that injustice is being done in human terms to people who have lived together and contributed.

I agree with the Minister of State that the inclusion of others may give rise to difficulties with next of kin, which is abominable. I have seen circumstances in which couples lived together happily for 20, 25 or 30 years during which they were neglected, despised and shunned by their families, who then appear at the deathbed of a spouse to claim the booty and evict the grieving spouse. In the part of the country where my Irish roots are, "eviction" is a dirty word. In this case, eviction takes place at the moment when somebody is most vulnerable.

The Minister of State stated he is not removing a tenancy. I accept that and I am glad he has shown a degree of movement and understanding of our position. While not removing a tenancy, however, he is neglecting an opportunity to do something decent in circumstances of great hardship and suffering, one which has been before the courts and for which the Legislature was rebuked for its inaction. He should note that he has been asked and solicited by the House to examine this matter in a humane manner.

I do not want to contemplate the sexual lives of the people involved in tenancies. It would be too horrendous to imagine that every time one looked at a lease, one would wonder what the tenants get up to at half past ten on a Saturday night and who does what to whom. Such matters are not relevant.

I will conclude on a slightly lighter note. The legislation refers to a person cohabiting with the tenant "as husband and wife". If one tenant puts on a lumber jacket and pair of jeans and the other a crinoline, would they qualify?

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