Jillian van Turnhout (Independent) | Oireachtas source

I wish to share my time with Senator Mary Ann O'Brien.

I thank the officials of the Department for the briefing they provided at my request. It was useful to go through some of the issues I have with the Bill. On Committee Stage we can explore in more detail certain aspects of it such as waste management, air quality, paints and solvents, about which I have learned a good deal, motor vehicles, the EPA and Killarney National Park.

I will jump straight to section 47 and associated sections. I made it clear when we were debating what is now the Water Services Act 2014 in December last year that I had serious misgivings about the way Irish Water had been established, the arrogance of its leadership and the completely misjudged manner in which the process had been communicated to the public. While not a panacea, the Water Services Bill addressed and provided remedies for a number of significant concerns. I do not intend to get into how the section was dealt with in the Lower House, but I certainly have misgivings about the way it was handled.

I am very pleased that the idea of landlords retaining tenant deposits where there is an outstanding or unpaid bill has been put on hold until a tenancy deposit protection scheme is introduced under the Residential Tenancies (Amendment) (No. 2) Bill 2012. Deposit retention is a major source of disputes in the private rental sector. I was seriously concerned that we were considering the addition of another clause on retention before a method through which deposits could be held by a third party was in place. I was also concerned that landlords would deem it necessary to secure two or three-month deposits from tenants to cover unpaid water bills. That would be near impossible for the majority of tenants who are already struggling with spiralling rents. The rate of increase in rents is 8.2% nationally and already 10% this year in Dublin. We will deal with this and a number of other pressing issues in the private rental sector when the Residential Tenancies (Amendment) (No. 2) Bill is brought before the Seanad.

I had concerns about how we would deal with Irish Water as compared to other utilities such as those in the electricity sector. I appreciate that the Government does not intend to cut off supply by Irish Water, something that was provided for in the Water Services Bill 2014. Therefore, this Bill is an attempt to find a consistent approach to deal with the matter. The reality is that one in five families lives in private rented accommodation. Therefore, the Bill will affect quite a number of families. A tenant's liability in respect of the payment of Irish Water charges will be deemed to be implied in his or her tenancy agreement, unless the landlord and the tenant expressly agree otherwise. Obviously, the legislation will not be retrospective, but we will explore the issue in more detail on Committee Stage.

I welcome section 49 on approved housing bodies which will not have to name their tenants. This is a good arrangement. I welcome what the Department has done in this regard.

I am open to looking at all amendments proposed on Committee Stage. The Government has tried to take a consistent approach to other utility bills, given the nature of Irish Water.