Seanad debates

Wednesday, 28 January 2009

Residential Tenancies (Amendment) Bill 2009: Second and Subsequent Stages

 

11:00 am

Photo of Dominic HanniganDominic Hannigan (Labour)

I welcome the Minister of State. I am glad this anomaly in the existing legislation is being put right. I thank the Minister of State for contacting Members prior to yesterday to inform them of the problem that had arisen and to indicate that amending legislation would be introduced.

Like Senator Cummins, I was disappointed the legislation did not proceed last evening and that we were not informed it was being pulled. Members were obliged to look at monitors throughout the Houses to discover what was taking place. If, in the future, legislation is pulled late at night, I ask that Members be notified.

I accept the reasons for pulling the legislation and I am glad the Minister of State clarified the position this morning. I understand the debate in the Seanad did not proceed last evening as a result of questions raised by Deputy CiarĂ¡n Lynch in the Lower House. The Minister of State provided clear reasons the legislation had to be pulled. He also indicated that, as it stands, the Bill will plug the gap that has been identified.

I am disappointed the opportunity to include some further amendments in the legislation has not been grasped. As Senator Cummins stated, we are all aware of the difficulties relating to the appointment of Senator Boyle's colleagues to the board last year. I do not have a problem with appointing councillors to the board and I am of the view that it is probably fair to do so. Councillors work at the coalface and understand what is involved in this area. Their input could add greatly to the work of the board. I am somewhat saddened that the Minister of State has not altered the legislation to permit councillors to sit on the board.

I am also disappointed the Private Residential Tenancies Board falls outside the ambit of the Freedom of Information Act. My party tried to table an amendment in the Lower House to allow it to be covered by the terms of that Act, but this was ruled out of order. I am disappointed the Minister of State has decided not to amend the Bill in this regard. That said, however, the Labour Party will not oppose this obviously necessary legislation.

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