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 sympathise with the concerns expressed by the Senator but including a specific requirement and imposing a duty on landlords to ensure fitness for habitation is not really necessary. It is not the practice to insert into one legislative measure an obligation to comply with another legislative measure. Statutory requirements are imposed once only and once they are imposed they should and must be complied with. The Senator is talking about the law but restating it elsewhere does not make it any more mandatory. The law is the law and separate legislation addresses the Senator's concerns. Including a provision dealing with the matter in another Bill is not necessary and is not the normal legal practice. A "to be sure, to be sure" approach does not give the provision any more teeth.

The requirements in question are already provided for in separate legislation and, apart from being unnecessary, it is neither normal nor appropriate to attempt to enact what would be in effect a duplicate statutory provision regarding matters like this. It is the law and I fully agree with the Senator that all landlords should comply with the law and provide good accommodation. However, restating it or putting it into another Act does not give it any extra legal effect.

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