Vincent P Martin (Green Party) | Oireachtas source

Previous speakers have, correctly, made reference to "eviction", which is an emotive term. It is also draconian but, at the end of the day, that is what we are talking about. With regard to the legislation, in the many years in which it has made judgments, the RTB has never used the word "eviction". It orders what is called a "termination of tenancy" and may order that the tenants hereby vacate the dwelling by a certain date. If the tenant does not do so, the landlord goes to the court. Very foolish landlords could take the law into their own hands but, apart from disturbing the pre-eminent position of the family home, the place of repose, they would, I imagine, face significant damages. Language is important, as are people's passion and concern. Politicians use the word "eviction" and the RTB shies away from using that word, which is not in the principal Act. It is an order of termination of tenancy. It causes shock and people are dumbfounded if they receive a notice of termination.

The Seanad is very good at devoting time to matters. While this is not for today and this emergency legislation, at some later date, perhaps the Seanad should consider how to get rid of the terms "eviction" and "notice of termination". I believe there is a way of doing this because I have thought about it for some time. In future, when a landlord is buying a property, perhaps they could be told in advance that they will never get it back on the grounds of requiring it for a family member or to sell it. This is what happens in other countries. In other countries, there are also fewer disputes over deposits because the property is returned completely empty whenever it becomes available. There is no hassle about aspects of furnishings being damaged and so on. People rent the property empty and furnish it themselves. Other countries also have a deposit retention system. That is a discussion for another day. One way of eliminating the term "notice of termination" to vacate the property, or dwelling as it is described in the Act, and the word "eviction" is to start afresh. The only way that would be constitutionally bullet-proof and that property owners' rights would be affected would be if they entered and bought a property knowing explicitly that they would never get it back and the property would just be something for a gain. We are where we are today, however. This is an emergency response to an emergency situation. I agree with the comments of the Minister of State.