Charlie O'Connor (Dublin South West, Fianna Fail)
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Question 215: To ask the Minister for the Environment, Heritage and Local Government the consultations he is having with interested parties in respect of the proposed resident tenancies (amendment) Bill; when he believes work on the Bill will be completed by his Department; and if he will make a statement on the matter. [19482/10]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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In April 2009 my Department commenced a review of 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.

As part of the review my Department engaged in a formal public consultation process, which took place from 29 May to 10 July 2009. Arising out of this, submissions were received from a number of organisations, including landlord and tenant representative groups, social and voluntary bodies and residents' associations, together with individual submissions from landlords and tenants and from the staff and Board of the PRTB. Following consideration of the submissions received during the consultation process, the preliminary outcomes of the review were announced in November 2009. They include recommendations in a number of key areas, and have an overall emphasis on streamlining and simplifying the Act and reducing delays. Among the main issues that will be addressed by 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 its current remit.

A number of issues requiring further research, including third party complaints under the Act, the Act's engagement with anti-social behaviour matters and how best to address issues surrounding the retention of deposits, will also be considered in detail. The Department will continue to engage in direct consultation with key stakeholders so as best to address those issues.

The Government recently approved the preparation of Heads of a Bill in this regard and it is envisaged that the General Scheme of a Bill setting out the detailed proposals arising out of the review will be submitted for Government approval in autumn 2010.