Seanad debates

Tuesday, 6 July 2004

Residential Tenancies Bill 2003: Committee Stage.

 

11:00 am

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)

I do not consider that the proposed amendment to increase the fine per day is warranted. The legal advice is that there is no particular standard for daily fines. The amount prescribed in the Bill which, as the Senator says, is up to €250 per day, is in line with other legislation. I accept there may be higher amounts in other Acts but that is the daily fine outlined in the legislation. We think the specific fine on summary conviction is more significant at up to €3,000 or up to six months in prison or both. That should provide a significant deterrent against offences under the Bill.

In reality one will probably find that the daily fine is not imposed that often. It is not automatic — one has to go back to court a second time to get the specific daily fine imposed. What we are putting in here may not be the highest amount one would find in legislation but we think it is appropriate.

The Licensing of Indoor Events Bill may deal with a different scale of major projects, while here we are dealing with the tenancy of a house or apartment. What we have included in the Bill is proportionate to the issue and what will be used in the vast majority of cases is the once-off €3,000 fine. We hope the fine per day is not the one normally used. It is in line with other legislative measures, although it may not be the highest fine.

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