Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I listened with great interest to what Members had to say and I appreciate the high quality of their contributions. I again acknowledge the positive way in which this legislation has been considered.

I reiterate that what is involved here is a simple procedural error — a technical flaw — which casts no reflection on the quality of the tenancies tribunal convened during the period in question. The mistake concerned the unexpired portion of the board's membership for those members appointed to the dispute resolution committee. There is also doubt whether the statutory consultation requirements with me, as Minister, were properly complied with. It was purely a technical mistake by the board of the PRTB which did not impact on the quality and professionalism of the tribunal hearings. The competence and professionalism of the tribunals is not in question. The procedures adopted were robust and proper and the outcomes and judgments are not in question. None the less, it could provide grounds for legal challenge which would set the PRTB back significantly in terms of time, resources and reputation damage which is why I have moved urgently to close off this area of doubt.

The referral was purely precautionary in nature in order to be absolutely sure the appointments to the dispute resolution committee have been made for a minimum period of three years as required under section 157(3). If this had not been the case, consideration would have had to have been given to the need to introduce an amendment to the Bill to deal with this. This is not now necessary following the PRTB's clarification. The appointments were made for a minimum of three years.

Looking to the future, I was pleased to launch the board's new corporate plan in December last. This maps out how the PRTB intends to deal with the challenges during the period 2009 to 2011. It has announced specific targets and performance indicators in respect of its work in the areas of dispute resolution, tenancy registration, research, information, innovation, customer service, leadership, governance, human resources and finance. No effort will be spared by the board in vigorously delivering on the corporate plan and its success will be measured in terms of the ambitious target set out in the plan.

Senator Maurice Cummins asked when this matter came to the attention of the board, the Department and myself. I assure the House that this matter was brought to my attention on 22 December 2008. It had been brought to the attention of the Department informally on 9 December 2009. The Department sought legal advice at that time. I acted on the first day the Dáil sat in this session, which was yesterday. I, along with the departmental officials, acted with haste on this matter.

Last night we did a rain check on an issue raised by a Member of the Dáil during the debate. It was only fair to the House that we would clarify it. Unfortunately, it was not clarified by the time we were to come to this House. That is why the Bill was delayed until this morning. I apologise to the House for that but it is best the legislation is correct.

This issue is entirely different from the councillors' appointments. I wish to distinguish between this and that issue which was dealt with in 2008. I am not aware of any legal challenges initiated in regard to the issues covered by the Bill since this issue came into the public domain. Nothing like that has been brought to my attention.

I am conscious of dispute resolution delays and have stated during the debate in the Dáil on the Housing (Miscellaneous Provisions) Bill that I intend to bring forward some amendments which will improve the Residential Tenancies Act 2004. Despite what Senator Hannigan said, it would be inappropriate to introduce them during emergency legislation and that is the reason they have not been introduced.

I refer to freedom of information requests, a matter which is always being considered. The extension of freedom of information requests to other bodies is a matter my Department keeps under review. We will report on that when any such decision is taken. Senator Boyle referred to a review of the primary legislation, which I have addressed.