Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

The amendment proposes to deem the entire State as a rent pressure zone. Having regard to the constitutionality of protected property rights of landlords, including the right to receive an income from their property, a blanket extension of the rent protection zone rent predictability measure to rental properties across the country could be regarded as an unjust interference with those rights as it places a legislative limit on the rental income without adequate or proportionate justification, that is, the interference is disproportionate to the objective sought to be achieved. For an area to be designated a rent pressure zone it must satisfy the following criteria: The annual rate of rent inflation in the area must have been 7% or more in four of the past six quarters. The average rent for tenancies registered in the area with the RTB in the last quarter must be above the relevant average rent comparator under the Acts. The RTB rent index report provides a summary of data used as the criteria for designating rent pressure zones in respect of all local electoral areas in the country. The Housing Agency continually monitors the rental market and may recommend further areas for designation. The proposal to deem the entire country as a rent pressure zone is not considered to be warranted or legally justified. The proposed amendment is highly likely to be subject to a constitutional challenge in the courts and accordingly I will be unable to accept it.