Ivana Bacik (Independent)

The Minister of State raised the issue of the interaction of section 33 with section 20. I said a court would have difficulty in reading the two together. On careful reading, it would actually have no difficulty. The provisions of section 33 clearly do not apply to section 20. Section 33 specifies those provisions of the Bill to which it does apply and section 20 is not included among them. Therefore, the discretion allowed to housing authorities under section 33 cannot be incorporated into the provisions of section 20.

My concern about section 20 is that it gives the housing authority no discretion. There is not even a qualification or material condition, to the effect that where a tenancy agreement has been breached by any member of a household, the household becomes ineligible for social housing support, to include dwellings, sales of dwellings, rental accommodation, caravan sites and so forth. Is the Minister of State suggesting there is residual discretion given to the housing authority? If so, I would welcome it but I do not see it mentioned in his amendment. No court would think for one moment that section 33 could apply.

I take Senator Norris's point that he does not wish to press the amendment.