Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I thank all Senators for their constructive contributions from all sides of the House. I will address the various issues raised, in so far as I can.

Senator White raised the capacity of the Private Residential Tenancies Board, PRTB, to deal with the demands on it. A number of Senators, including Senator Reilly, Senator Clune, Senator Landy and others, also raised the matter. In my initial contribution I recognised the extra workload that is being laid on the PRTB and the requirement that it would do the work with fewer staff. Because we are introducing two major changes that will address the two areas where most of the cases that come before the PRTB arise, namely, deposit protection and non-payment of rent in cases of dispute with a landlord, those measures will help to address the workload of the PRTB. The board has been taking steps itself in terms of addressing the issue, in particular in the ICT area. An ICT system has been set up that is streamlining a lot of the work in the PRTB. Approximately 40% of landlords now register online and there are facilities to do much of the PRTB’s business online. The PRTB is addressing the delays. It is conscious of the problem, as we are. The measures in the Bill will help in that regard.

I will address deposit protection as practically every speaker raised the issue. I am committed to introducing deposit protection. It is in the programme for Government. I have said that from the start. I am also pleased that I am introducing it in this House as there has been strong engagement on the issue by Members. I look forward to introducing it on Committee Stage in the Seanad. We have been engaging with the Attorney General’s office on the drafting of the amendment. The officials tell me much progress has been made at this stage. We will introduce the amendment. I know Senators will be very interested in engaging on it. Everyone who has spoken on the Bill has referred to the issue.

One of the other main issues that has been raised is the extension of the remit to the voluntary sector and ultimately to local authorities. We are extending the remit to the voluntary sector and that is a substantial element of the Bill. One issue that arises in terms of the workload is that by and large it is a relatively stable sector in that people tend to stay in their tenancies perhaps more than is the case in the private sector. In that sense I hope that the additional workload might not be as much as the additional numbers might indicate. In response to Senator Mullen’s specific question, there is no principled objection to adding the local authority sector and we intend to do it in the future. However, one is talking about approximately 130,000 tenancies. It is a big sector and there will be need for time, consultation and capacity before we do that.

To reassure, Senator Leyden, who specifically raised the protection of the rights of local authority tenants, under the Housing Acts they are already required to have minimum standards. They are not without any protection but I agree that eventually we want to include them so that we have the one system for all tenants. It would be too much to do in the Bill before the House but the intention is to do it in the future.

A number of Senators echoed Senator Keane’s reference to standards and enforcement. There has been a great deal of improvement in that regard. Enforcement has trebled in recent years. A total of 20,000 inspections take place per annum by local authorities. Some Senators have said inspections are a bit uneven around the country. That is probably true. Dublin City Council is particularly good. It has carried out many inspections and has focused on particular areas where there were problems. That approach has been very successful. A small proportion of the income of the PRTB goes for enforcement to local authorities. If people feel that a local authority is not doing its duty in that regard they should speak up as funding is made available for enforcement. I have been encouraging local authorities to enforce the standards. We want local authorities to enforce if they have not been doing it already. Standards have greatly improved. I feel strongly that there is not much point in having regulations if they are not implemented and enforced.

In terms of the workload, I wish to emphasise that mediation is an option. People are now beginning to realise that is available rather than having to rely solely on enforcement.

Registration was raised by a number of speakers. The ICT system is helping that. Senator Mullins and others referred to the need to cross-reference information between bodies such as the Revenue Commissioners and the Department of Social Protection. That is happening now. The Department of Social Protection gives information to the PRTB on tenants who are receiving rent supplement. That is improving the registration. The Revenue Commissioners are also involved. A flow of data is beginning to take place and the rate of exchange of information is improving. We wish to ensure that landlords comply with their obligation to register and we will take every action we can in that regard.

Senator Hayden referred to a related issue, namely, the introduction of the housing assistance payment, HAP. Again, that will improve the situation. As I outlined, we have a connection now with the Department of Social Protection. The intention is that when we transfer to HAP there will be much more information flowing and the rent will be paid directly to the landlord so that the situation will not arise whereby a tenant is given rent supplement but does not pass it on to the landlord. That will greatly improve the situation of landlords not being paid. Senator Hayden also referred to the growth of the sector, as I did in my opening contribution. It is a growing sector and it is extremely important that people in the sector are properly protected. That is a central element of the Bill.

Senator Keane referred to sub-tenancies. That is being addressed. Senator Landy asked about the reduction in the number of board members. The intention is that the board will focus solely on governance and strategy and that it would not be involved in dealing with disputes so there is not the same need to have as big a board as we would have had in the past. I consider the number appropriate. Citizens are entitled to go to the Ombudsman if they feel that administration of one kind or another has failed them.

I will fully uphold people's right to do this.

With regard to anti-social behaviour, an issue raised by several Senators, it is primarily the responsibility of the Garda. We are seeking to facilitate easier access to the tenancies board for residents affected by anti-social behaviour. This would not necessarily include requiring the individual living next door to a tenant engaged in anti-social behaviour to take a case but a residents' association or a neighbourhood watch scheme instead. There was a successful case in Cork recently which indicates it is possible to raise cases of anti-social behaviour with the board.

Some issues were raised with regard to local authority tenants and anti-social behaviour which are obviously not covered in the Bill. With a housing Bill due to be introduced next year we hope to address a lacuna in this area.

Senator Michael Mullins referred to the incremental purchase scheme which is not part of this legislation. A new scheme is to be introduced soon.

Senator Rónán Mullen raised the issue of receivers and tenants. I have met the Irish Banking Federation which has issued clarification on the role of receivers. We are looking to see if there is a need for legislation on who is responsible when a receiver is in place. We have clarity with regard to whom one pays rent in such a case, but there are issues with maintenance and so forth.

Most of the points raised are addressed in the legislation. This is an area that covers a large number of our fellow citizens. Senator Aideen Hayden graphically described what the private rental sector was like in the past. Many of us have probably rented at some time in the past and seen the conditions she described. We want to ensure tenants have equality of consideration with regard to their various rights. The legislation aims to address this issue.

I look forward to the next Stages and ensuring this legislation will make a positive contribution for those living in private rental accommodation and voluntary housing. I thank Senators for their contributions.