Vincent P Martin (Green Party) | Oireachtas source

Personal rights are covered in the Constitution as fundamental rights; they may not be absolute rights. Article 40.1 of the Constitution provides that everyone is equal before the law and the State cannot unjustly, unreasonably or arbitrarily discriminate between two citizens. If the Houses of the Oireachtas were to enact legislation that would do that, it would be exposed to a constitutional challenge. I do not believe the legislation as proposed is in breach of the Constitution. If I did, I would not support it. The Minister of State is acting on good advice from the constitutional officer advising the Government, the Attorney General.

I would like much greater protections in the longer term for tenants. People could be watching this debate today and receive a notice of termination in the post. It is important that those who have received that news realise that we are legislating today and taking all Stages of the Bill, which has been through the Dáil. Most important, they should know that there are organisations out there to protect tenants. Threshold does excellent work. They are advocates for tenants. It is not a triple lock but there is a triple protection under law for tenants. The first is that if the tenant feels they received a notice of termination that may not have been served in accordance with law, they can seek an adjudication hearing, which is a private hearing. Following that, if either party is not satisfied with the outcome of the determination order of the adjudication, it is open to either party to have an appeal in the form of a tribunal hearing. They can insist on an oral hearing at that stage. I would much prefer to have more oral hearings and less use of Zoom because it is such a fundamental issue about someone's home. The tribunal hearing is a de novohearing and it is binding. In a sense it is the end of the road but not in respect of a point of law or procedural challenge. There is an opportunity to go to the High Court. That is the third option.

I encourage people who feel they have been treated unfairly to seek expert advice. It is a relatively informal process. The RTB is not tooled up with lots of lawyers. Threshold are excellent advocates. People are also entitled to an interpreter if they are from a different country and English might not be their first language. From my experience of the RTB, landlords will say it is a pro-tenant place and they do not get a fair hearing and tenants will say it is a bit pro-landlord. From my first-hand experience, they treat everyone with the utmost dignity and respect. I hope that will continue. There is so much at stake here. It is such a fundamental point. I know we have all said that this morning. It is a person's home, a place of repose and peace. At the end of a hard day's work or school when the family comes home, they want stability and certainty.