Seanad debates

Thursday, 27 October 2022

Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022: Second Stage

 

10:00 am

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I welcome the students to the Chamber today. I do not know what school they are from. First, I thank Senators for their contributions. I know we will get to debate some of the issues raised on Committee Stage. I am confident that the House will be able to agree and pass Second Stage today. I echo the comments of Senator Martin in thanking the Opposition, in particular, for being so constructive in the debate generally.

I would like to turn to some of the points raised. In response to Senator Fitzpatrick, I can say that the Minister for Housing, Local Government and Heritage is absolutely committed to issuing a circular to local authorities on the issue of purchasing houses.

I recognise the points made right across the House from both sides around the private property rights of landlords, to which I alluded in my speech. They are an essential part of our housing infrastructure, and it is important that their rights are protected as well. We are trying to strike a balance. I think that point was made by Senators Boyhan and Cummins.

The Minister is reviewing the private rental market and has committed to acting on that comprehensive review, which will take place in a timely manner. The point made about the targets for local authorities around all delivery streams is an important one about which I will speak to the Minister.

I disagree fundamentally with Senator Warfield's point. The Minister and his officials are working very hard and are making significant progress. They are dealing with a succession of crises not of this Government's making. I think it is important to note that.

The points raised by Senator Moynihan, on the constitutional rights versus the common good, have been noted. I believe an update on the referendum is due shortly. My understanding is that the wording is being progressed currently.

I will respond to Senator Flynn's point on the Traveller community. It is clear from looking at some of the general trends with Traveller accommodation that many Travellers are opting for mainstream accommodation, for example in private rental or through HAP or RAS. Certainly, the Minister of State, Deputy Peter Burke, has made significant ground in ensuring local authorities are spending their budgetary allocations. There was an historic failure of local authorities to spend budgetary allocations for Traveller-specific accommodation. The Minister of State is making significant progress in relation to that.

I note the comment made by Senator Martin that this Bill is about a reasonable approach to an extreme emergency.

The Government's efforts through Housing for All to deliver supply at scale over the coming months aim to counter the need for longer application of these enhanced tenancy protections. The Government is acting now, in line with the advice of the Attorney General, to protect and balance the rights of both tenants and landlords. Housing for All is underpinned by unprecedented levels of investment, with annual Exchequer funding standing at an average of €4 billion a year for the next five years. Budget 2023 provides €4.5 billion. This Government commitment provides the construction industry with the certainty and the stability it needs to build housing that the country needs.

While global and external challenges have emerged since Housing for All was published, the Government remains focused on achieving its targets. As committed to last year at its launch, the Government will review and update the actions in Housing for All. The updated actions will be contained in the next quarterly report to be published in the autumn. This will allow the Government to respond to the challenges facing the sector and to redouble its efforts in prioritising measures to activate and accelerate the delivery of housing supply. The Housing for All plan is working. Central Statistics Office, CSO, figures for quarter 2 of this year record the highest number of completed homes in any quarter since the CSO series began in 2011. This year the Government's target is delivery of 24,600 homes. In the year to the end of June, just under 25,000 new homes were completed. Commencements over the last 12 months to the end of September stood at 27,417. These figures give confidence that the Government's 2022 overall supply target of 24,600 homes is expected to be exceeded, with the Central Bank forecasting 25,000 completions this year, and some commentators forecasting up to 28,000 completions this year. The Minister has made a number of announcements aimed at stimulating and securing as much supply as possible in the coming months. The Minister has made it clear to local authorities that where there is a risk of tenants being evicted into homelessness as a result of a landlord selling the home, the local authority will be supported by the Department to purchase the home should it be appropriate. I reiterate the point that if a reminder needs to be sent out to local authorities, the Minister will do so.

Local authorities have been encouraged to be as proactive as possible in the return of vacant properties to use through the use of the voids funding programme, as well as the buy and renew and repair and lease schemes. They have taken on board the point around targets for that. Local authorities have been asked to prioritise additional tenancy supports and prevention measures in their homelessness expenditure programmes. Additional financial support is being made available where needed. In proposing the temporary pause on certain tenancy terminations taking effect, the Government is balancing the competing priorities of preventing people from falling into homelessness while recognising the need to fairly stem the continued exit of small-scale landlords from the private rental sector. The Government is proposing a number of exceptions to the winter emergency period provisions to ensure the core rights of the landlord to protect his or her property and to secure a rental income will not be limited in any way by this Bill. As has been said, we need to retain the landlord's right to deal with antisocial behaviour and any other breaches of tenancy obligations. We need to maintain a viable rental market and retain the landlord's ability to deal with issues such as overcrowding, which may pose a fire hazard or other health and safety risk to tenants.

Given the exit of landlords from the sector, the Minister proposes to include a new measure in the review of Housing for All to be considered by Government shortly, and to conduct a review of the residential rental sector by the end of the second quarter of 2023. Subject to any final terms of reference, the review will examine the current acute supply constraints within the residential sector, with a view to identifying what measures are required to ensure the long-term sustainability of the sector, ensuring efficient, affordable supply and making it a viable and attractive tenure of choice.A report on policy considerations will be made ahead of budget 2024. In addition, consideration will be given to any relevant recommendations from the commission on housing, which is due to report by July next year.

The provisions of this Bill have been carefully framed to maximise their benefit to those considered most vulnerable and to balance the legal rights of tenants and landlords. I thank the Members of the House for facilitating the swift passage of this Bill to ensure protections are in place for tenants at such short notice. The Minister, Deputy O’Brien, and I look forward to the debate on Committee Stage.

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