Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

The intention of section 20(5) is to underline the seriousness of actions such as the breach of tenancy agreement or non-payment of rent. The consequence of these actions is that they are to be taken into consideration by a housing authority in determining the household's eligibility for further support.

The subsection, as amended on Committee Stage, provides that a household that was previously the tenant or the owner of a local authority dwelling or site, and during a three-year period prior to the carrying out of the social housing assessment was either in arrears of rent for an accumulated period of 12 weeks or breached a condition of the tenancy agreement, will be deemed ineligible for social housing support.

While I acknowledge the sentiment of amendment No. 20, which seeks to qualify the provision where there are exceptional circumstances relating to inability to pay, I do not believe that such a proviso is necessary. It is important to read section 20(5) in conjunction with section 31(6)(f) which allows for the waiving of rent in cases of financial hardship and section 34(2) which provides a hardship clause where moneys are due to a housing authority. I am satisfied these safeguards provide an adequate safety net for tenants.

With regard to amendment No. 21, I indicated on Committee Stage that a more detailed consideration of the mandatory nature of this provision is warranted. I propose to undertake this consideration in conjunction with the Parliamentary Counsel. In the circumstances, therefore, I do not propose to accept the amendments.

Amendment No. 22 makes new provisions in this section for moneys due to a housing authority. I do not consider the amendment to be necessary. Section 20 does not provide housing authorities with the power to charge rents, sell sites or dwellings or make tenancy agreements. These powers are exercised by authorities under other Housing Acts and the provisions of section 31 of this Bill for the charging of rents. Moneys owed to housing authorities and any other provisions in that context are addressed by sections 33 and 34 of the Bill. I am satisfied that the proposed arrangements provide a sufficient level of relief for the circumstances envisaged by Senators Norris and Bacik and on that basis I ask them to withdraw their amendment.