Paddy Burke (Fine Gael)

Amendments Nos. 64 and 65 are cognate and may be discussed together by agreement. Is that agreed? Agreed.

Government amendment No. 64:

In page 31, subsection (6)(b), line 20, after "size," to insert "standard,".

Section 31(6)(b) provides that the Minister may regulate for the manner in which the specified characteristics of any class of dwelling shall be reckonable for rent, having regard to the market rent in the administrative area for dwellings in that class with those characteristics. The characteristics specified in subsection (6)(b) are size, location and amenity. These amendments propose to add another characteristic to the list, namely, the standard of the dwelling. For example, the rent of a new dwelling built to the latest high insulation standards would attract a higher rent than an older dwelling built under an earlier building regulation code which would have higher running costs for the occupier. I have no immediate plans to adjust differential levels in respect of particular standards of dwellings, but it is reasonable to provide powers for the Minister to regulate in this area in future.

Amendment agreed to.

Government amendment No. 65:

In page 31, subsection (6)(b), line 23, after "size," to insert "standard,".

Amendment agreed to.

Government amendment No. 66:

In page 31, subsection (6)(d), line 29, after "allowances," to insert "in respect of rent".

Section 31(6) empowers the Minister to make regulations to provide for matters which should be included in a housing authority rent scheme. Subsection (6)(d) provides that one such matter is the amount and method of calculating any allowances made for dependants. The purpose of this provision is to enable the Minister to regulate allowances for dependants related to rent determination by housing authorities. The amendment clarifies that the power to regulate allowances for dependants is confined to the payment of rent, as it was never my intention that allowances would be made for dependants in the case of other charges for local authorities dwellings or for works and services relating to such dwellings.

Amendment agreed to.

Government amendment No. 67:

In page 31, between lines 38 and 39, to insert the following subsection:

"(8) The charging of rents or other charges referred to in subsection (3) in respect of a dwelling to which this section applies and the review of such rents or other charges in accordance with a rent scheme are executive functions.".

Section 31(5) provides that it is a matter for elected members to determine the housing authority policy for determining rents and other charges related to the rental accommodation scheme and related works and services. I propose this amendment to clarify that it is the responsibility of the local authority manager to fix and review individual rents and charges in accordance with council policy. While it is the position that all local authority functions not specified in legislation are executive functions exercised by the manager, it is important to spell out the respective duties of the elected members and the manager within the statutory provisions relating to housing rents and charges. This amendment will dispel any residual doubts concerning the matter.