Noel Ahern (Dublin North West, Fianna Fail)

I share some of the Senator's sentiments and I fully agree with his opening comment that tenants should be treated with respect. This is a fundamental principle of the Bill, the purpose of which is to improve tenants' rights. However, I am not in favour of accepting amendment No. 1. It would not be appropriate or beneficial to insert examples of a few matters that might be deemed to involve penalisation. I fear it would detract from the effectiveness of the provision. Section 14 provides the most comprehensive definition of penalisation possible in terms of any action that adversely affects a tenant's enjoyment of peaceful occupation.

In legal terms, one cannot go further than stating "any action". To specify individual actions would not strengthen this legislation. If one included two, five or 25 matters that might be deemed to involve penalisation, sure as God one would leave one out. If a dispute arose over the omitted matter thereafter, people would probably say it was left out for a purpose. While the Senator's amendment is well-meaning and I understand it, it would not be of any help. The section was extended on Committee Stage in the Dáil to cover complaints to public authorities generally or to the Garda.

Equally, amendment No. 3 would not be of help because section 14 provides adequate safeguards against the penalisation of tenants. I do not feel either of the amendments would strengthen the Bill.