Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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To ask the Minister for Environment, Community and Local Government if any review is taking place in relation to the Supreme Court judgment in the Donegan Case and the use of section 62 of the Housing Act to evict local authority tenants; the implications of this decision on local authorities; and if it means that no evictions can now take place under Section 62 of the Housing Act; if new legislation is being considered; and if he will make a statement on the matter. [38434/12]

Jan O'Sullivan (Limerick City, Labour)
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The Supreme Court issued a judgment in February 2012 in two cases relating to section 62 of the Housing Act 1966. In one case, the court ruled that there was a dispute as to the facts and made a declaration that section 62(3) of the 1966 Act is incompatible with the State’s obligations under Article 8 of the European Convention on Human Rights. In the other case, the court ruled that there was no dispute as to the facts and did not make a declaration of incompatibility. Section 5(2) of the European Convention on Human Rights Act 2003 provides that a declaration of incompatibility in respect of an enactment does not affect its validity, continuing operation or enforcement. My Department, in conjunction with the Office of the Attorney General, has examined the court judgment. In consultation with key local authorities, a course of action is being prepared which will involve changes in the way in which eviction procedures are carried out but which will require changes to legislation. I will make a statement on the matter in due course.