Seanad debates

Tuesday, 24 September 2013

Residential Tenancies (Amendment)(No. 2) Bill 2012: Second Stage

 

5:45 pm

Photo of Denis LandyDenis Landy (Labour) | Oireachtas source

I welcome the Minister of State to the House, and I commend her on bringing forward this legislation. The Bill, which we have looked for for a long time, is an important step.

I welcome the Minister of State's announcement to legislate for a deposit protection scheme. We have all had cases in our constituencies in which deposits have been withheld. In some cases, it has been denied that deposits have ever been paid, in others, the people who are relying on those deposits to move house for one reason or other have been denied the opportunity of getting the deposits returned to them. I, therefore, welcome that this issue will be dealt with in the legislation.

I have questions about the legislation. I know that we are in an era in which, for political or other reasons, reductions are called for, but why is the board to be reduced from 15 to 12 members? On the rights of individual residents, Senator Reilly referred to the fact that there could be three different types of tenants - private, voluntary housing and local authority - in one housing estate, all of whom have different entitlements. I am concerned about a situation in which a tenant is involved in anti-social behaviour. Who takes up the case for the neighbours of that tenant? One might argue that is a matter for the Garda - practising politicians often hear such a call made on the ground. However, the Garda can take action only when it is requested to. In many cases of anti-social behaviour, those affected are afraid to report the issues or go to the Garda. Will the legislation be strengthened to ensure that it is not down to the individual tenant to make a complaint?

As has been mentioned, the Bill includes a process for the inspection of private rented accommodation. I have been informed that Dublin City Council has carried out inspections but that inspections have not been carried out across rural areas. How will the legislation strengthen the inspection process? On the question of whether local authorities are doing their job, I was involved in a number of cases that went to the Ombudsman. Taking a case to the Ombudsman is the mechanism used by tenants in local authority houses and I imagine that process will continue. The Ombudsman was very effective in the cases that I was involved in. What is the Minister of State's position on that issue? While the number of cases have grown, the number of staff available to deal with them has not. What are the Minister of State's comments on that issue? Furthermore, although I welcome that the mediation system is to be streamlined and the process improved, how long will people have to wait for the mediation service to be provided?

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