Seanad debates

Tuesday, 16 July 2013

Land and Conveyancing Law Reform Bill 2013: Report Stage

 

6:20 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

I thank Senator Sean D. Barrett for raising an important issue. However, it is not one I can deal with in the Bill which deals with the issue of repossession and the protections which might be put in place to prevent it.

There are certain circumstances in which the Residential Tenancies Act 2004 protects tenants where the ownership of a property changes. I want to reflect in this debate on the context and circumstances to which Senators Sean D. Barrett, Aideen Hayden and others have made reference. If there is a particular problem in the area, I will be very happy to come and address it on another occasion. However, I cannot do so in the context of the Bill. What has been proposed, while useful to our discussion, would not, in legal terms, address the issue in the manner Senator Sean D. Barrett intends. There is further work to be done in the context of what he has said. The actual provisions for protection in the Residential Tenancies Act are something on which I am happy to engage with the Minister for the Environment, Community and Local Government, Deputy Phil Hogan. The residential tenancies legislation falls within his remit. I hope Senator Sean D. Barrett will not be disappointed if I do not accept his amendment. We will follow up the matter and I will discuss it with the Minister, Deputy Phil Hogan. My officials will discuss matters with his officials and we will revert to the Senator in writing to indicate to him the conclusions of these discussions. I am also happy to inform Members of the Seanad generally who have an interest.

Senator Aideen Hayden has raised the interesting idea of a protocol to deal with the circumstances of tenants where a home has been repossessed from a landlord who is in mortgage arrears. These are all important issues which cannot be dealt with under the terms of the Bill. It was nevertheless a valuable discussion for which I thank Senators. I cannot support the particular proposal, but we will give the issues involved some consideration. Senators have discovered that when I say we will consider something, it is considered. If there is something that needs to be remedied, whether by my ministerial colleague, Deputy Phil Hogan, or me, it will be remedied. If we discover, having looked comprehensively at the law in this area, that there is no need to do anything, we will equally say so. I am very happy to reflect on the debate and thank Senator Sean D. Barrett for raising the issue.

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