Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

These amendments substitute new provisions for two existing provisions in section 25(5)(c)(iii) and in paragraph (ii) of Schedule 3, respectively. The new material essentially makes two changes to the existing text. It extends the grounds on which a Chapter 4 tenancy may be terminated from knowingly permitting a person to enter the house who is the subject of an exclusion order sought by a housing authority, to include persons subject to exclusion orders sought by a tenant. The basis for the amendment is that the breach of any excluding order made after a court hearing of evidence of anti-social behaviour constitutes reasonable grounds for terminating a tenancy, even if the housing authority was not involved in the court proceedings.

It deals with cases where an excluding order or an interim excluding order permits the respondent to enter a dwelling subject to conditions that may be specified in the order. In such cases, the offence is permitting the respondent to enter the dwelling knowing that he or she is in breach of a condition attached to such permission in the court order. The text of subsection (5)(c) has been amended to reflect this possibility.