Written answers

Tuesday, 4 March 2008

Department of Justice, Equality and Law Reform

Proposed Legislation

9:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 93: To ask the Minister for Justice, Equality and Law Reform if and when he will introduce legislation amending the provisions governing the operations of An Garda Síochána Ombudsman Commission. [8999/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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In the context of improving the efficiency and effectiveness of the Garda Síochána Ombudsman Commission, there have been ongoing discussions between my Department and the Commission to make certain procedural and technical amendments in the Garda Síochána Act 2005. Indeed, I met with the Commission late last year and I indicated my broad approval for the preparation of the necessary legislative proposals in that regard.

I hope to bring those proposals to the Government for approval shortly.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Question 94: To ask the Minister for Justice, Equality and Law Reform when he expects to publish the promised Property Services Regulatory Authority Bill; if the Bill will include provisions to regulate the operation of management companies; and if he will make a statement on the matter. [8971/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The Property Services Regulatory Authority Bill is currently being drafted and I intend to publish it as soon as possible this year. Because they provide property services, property management agents, together with auctioneers and estate agents, will be covered by the licensing system to be operated by the Property Services Regulatory Authority. The Authority is currently operating on a non-statutory basis but will be put on a statutory footing by the Bill.

As regards property management companies, the position is that the Law Reform Commission published a Consultation Paper on Multi-Unit Developments in December 2006. It identified a broad range of regulatory and other issues arising in relation to such developments, including problems relating to the structure and governance of property management companies and the manner in which company law currently applies to them.

The Law Reform Commission has indicated that it will publish, as soon as possible, its Report on Multi-Unit Developments which, following an extensive consultation process, will contain definitive reform proposals concerning the regulation and governance of property management companies. The Government has already directed that early action be taken by the relevant Departments to address the Commission's recommendations; the types of action to be taken will, of course, be dependent on the form that the recommendations take.

A high-level interdepartmental committee, under the chairmanship of my Department, comprising representatives of relevant Departments and Offices has been established to assist in the development of a coherent and comprehensive response to the problems arising in relation to multi-unit developments. A key task of this committee will be to identify the legislative and administrative actions to be taken in response to the Commission's recommendations and to determine a timescale for their implementation. This committee is reporting to a Cabinet Committee whose membership comprises the Ministers for Justice, Equality and Law Reform, Environment, Heritage and Local Government, Enterprise, Trade and Employment and the Attorney General.

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