Joe Costello (Dublin Central, Labour)
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Question 405: To ask the Minister for the Environment, Heritage and Local Government the changes he will make following the completion of the review of the provisions of the Residential Tenancies Act 2004; when the Private Residential Tenancies Board will fall within the scope of the Freedom of Information Act 1977; and if he will make a statement on the matter. [10020/10]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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In February 2009, I announced my intention to review the provisions of the Residential Tenancies Act 2004 under which the Private Residential Tenancies Board (PRTB) operates. The purpose of this review is to consider whether the Act best supports the PRTB's key functions and whether legislative amendments would support either the achievement of additional operational efficiencies by the PRTB in the delivery of those functions or the broader good working of the private rented sector. In November 2009 I announced the preliminary results of this review, including recommendations in a number of key areas, with an overall emphasis on streamlining and simplifying the Act and reducing delays.

While a range of issues still remain to be considered, I intend to initiate comprehensive amending legislation within the next 12 months. Among the main issues that I have to address in the amending legislation are -

· A statutory objective of 6 months to be set for the issuing of determination orders arising out of dispute resolution applications,

· The Board of the PRTB to be reduced from 15 to 12 members,

· The introduction of fixed fines where deposits are illegally retained by landlords,

· Measures to address non-payment of rent by tenants during a dispute process, in particular to introduce scope for the legal termination of such a tenancy,

· The separation of the governance and quasi-judicial functions of the Board,

· The inclusion within the remit of the Residential Tenancies Act of segments of the voluntary and co-operative housing sector that most closely parallel the current remit of the Board.

A number of issues requiring further research, including third party complaints under the Act, the Act's engagement with anti-social behaviour and how best to address issues surrounding the retention of deposits, will also be considered in detail. In addition, all opportunities for the introduction of time and procedural efficiencies in the Act will be examined.

The PRTB, which commenced operations in September 2004, is at present outside the scope of the Freedom of Information Act 1997. Given the importance of openness and transparency in relation to the operation of State bodies generally it is my intention that the Board, subject to exemptions that recognise its quasi-judicial functions, should come under the scope of the Freedom of Information legislation. I will be seeking to give effect to this in the context of the next set of proposals for the extension of the Freedom of Information Act to additional public bodies, to be brought forward by my colleague the Minister for Finance, who has overall responsibility for the Freedom of Information legislative code.