Noel Ahern (Dublin North West, Fianna Fail)

I have tried to explain that I am not discriminating against anybody. An amendment was introduced to assist and provide for spouses, married or unmarried and living as couples in family-type relationships, who were not joint tenants at the time of death of their spouse. As I stated on Committee Stage, it is recommended and the residential tenancies board will also recommend that the way to get around this potential difficulty is for persons who rent a house, flat or apartment together to become joint tenants, either at the beginning of the tenancy or any time thereafter. If one joint tenant, rather than licensee, dies or leaves, the remaining joint tenant would then have legal rights.

It will be a responsibility and legal requirement on tenants under the legislation to report when a person moves into a dwelling on a permanent basis and it becomes his or her main place of residence, not, however, for a one night stand or a period of a week. At that point, the tenant will record whether the new tenant will be a licensee or joint tenant. Contrary to what was stated on Committee Stage, choosing the latter option will not require a tenant to go to a solicitor's office. It would be advisable for a second person who moves into a dwelling to be registered as a joint tenant because such persons will have legal protection in the event of the death of another joint tenant. This would be the best course of action in all circumstances.

The amendment on Committee Stage providing for spouses was introduced to deal with cases where a second tenant has not been registered. We are not discriminating against anyone or excluding people deliberately. We introduced an amendment specifically to address concerns raised by Members in the other House. It was drafted to conform with what was deemed legally feasible and taking into consideration various constitutional and legal provisions.

I understand the point made by Senators. Legislative changes may be made when the Government receives and rolls out through various Acts the recommendations of the final report of the Law Reform Commission.