John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I do. I welcome the opportunity to answer the important query raised by Senator Swanick and I am glad to be here for the first sitting of the Seanad in its new building. I am looking at the roof and see alarms on the ceiling, though I do not know if there are also carbon monoxide detectors. It is a fantastic room and I wish Senators well in their time here. I am taking this matter on behalf of my colleague, the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, who is in the Dáil Chamber at the moment. This matter is particularly topical because - something I did not know until this morning - this is carbon monoxide awareness week. Perhaps that is what has prompted the Senator to bring it up as an issue today.

The presence of carbon monoxide in the home is recognised as a critical health and safety risk for households, which is why it was included as one of the new measures introduced under the revised minimum standards for rental accommodation, that is the housing standards for rented houses regulations 2017 which came into effect on 1 July this year. Article 6.6 of the regulations, on heating facilities, states that each house shall contain, where necessary, suitably located devices for the detection and alarm of carbon monoxide. The regulations also specify requirements for a range of other matters, including structural repair, sanitary facilities, heating, ventilation, fire, natural light and the safety of gas and electrical supply. With very limited exemptions, the regulations apply to local authority and voluntary housing units as well as private rented residential accommodation. All landlords are legally required to ensure that their rented properties comply with these regulations. Responsibility for enforcement of the regulations rests with the relevant local authority, supported by a dedicated stream of funding provided from part of the proceeds of the tenancy registration fees which are collected by the Residential Tenancies Board. More than €32 million has been paid to local authorities since 2004 to assist them in the performance of their functions under the housing Acts, including the inspection of rented accommodation. Since then, in excess of 185,000 inspections have been carried out.

To assist local authority inspectorate staff in determining compliance with the new standards, comprehensive guidelines have been developed and were issued to all housing authorities in August 2017. Carbon monoxide requirements are covered in much greater detail in these guidelines. The Housing (Miscellaneous Provisions) Act 2009 gave local authorities legislative power to enable them to issue improvement notices and prohibition notices where landlords are in breach of their obligations. Fines for non-compliance with the new 2017 regulations were increased, with a maximum fine of €5,000 and a daily fine of €400 for each day the offence continues.

Anecdotal evidence from local authority inspectorates to date indicates that landlords, generally, have been proactive in fitting carbon monoxide detection devices in their rental properties. The strategy for the rental sector, published in December 2016, also prioritises the strengthening of the inspection capability of housing authorities to increase the number and frequency of inspections of rental properties. In addition to the updated regulations and guidelines, procedures for a more efficient, standardised and transparent inspections and enforcement approach across local authorities will be introduced, with specific ring-fenced funding for inspections provided from 2018 onwards.The target is that by 2021, 25% of all rental properties will be inspected annually.

Senator Swanick's referred to the divergence in this respect across local authorities. The only commitment I can give here is that contact will be made with the local authorities. It is the case that in service provision across a number of sectors, local authorities vary from authority to authority in the way such provision is actioned on the ground. The prevention of carbon monoxide exposure and poisoning is an issue of such importance that there should be a more uniform approach to addressing it across the country. The Senator's suggestion is not unreasonable.