Written answers

Tuesday, 31 January 2023

Department of Housing, Planning, and Local Government

Regulatory Bodies

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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340. To ask the Minister for Housing, Planning, and Local Government if there is any mechanism, either through the Approved Housing Body Regulatory Authority or any other means, for employees or tenants of an approved housing body to make a report confidentially or a protected disclosure where they believe management is acting in a way that is damaging to the organisation or tenants; and if he will make a statement on the matter. [4300/23]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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As provided for in the Housing (Regulation of Approved Housing Bodies) Act 2019 (the Act), the Approved Housing Bodies Regulatory Authority (AHBRA) was formally established on 1 February 2021. 

AHBRA is an independent body tasked with the regulation of Approved Housing Bodies (AHBs) for the purposes of protecting housing assets provided or managed by such bodies. The powers and functions of AHBRA, conferred upon it under the Act, commenced on a phased basis beginning on 1 February 2021. Phased implementation of the Act continued through 2021 and were finalised in July 2022.

All AHBs are required to adopt the standards for AHBs that are provided for in the 2019 Act and were developed in conjunction with the sector. I approved the standards in February 2022 and they are available on AHBRA’s website (www.ahbregulator.ie). The standards cover matters relating to corporate governance; financial management and reporting; property and asset management; and tenancy management. The Regulator will monitor compliance by AHBs with the approved standards and has the power to carry out a standards assessment to determine if an AHB is complying or failing to comply with the standards.

Complaints can be submitted to AHBRA via email to concerns@ahbregulator.ie, AHBRA will not disclose the identity of those who raise concerns unless given permission or there is a legal obligation to do so.

It is open to anyone to raise a concern about an AHB with AHBRA, including employees or volunteers, tenants, AHB board members, members of the public, third parties, public representatives, funding bodies or other authorities. All complaints made to AHBRA are evaluated and reviewed following due process. More information about AHBRA's approach to concerns can be found at: www.ahbregulator.ie/contact-us/concerns/

AHBRA are not currently prescribed as a prescribed person under the Protected Disclosures Act, however, the Department has requested through DPER that they be designated as such at the earliest opportunity and this process is ongoing. Pending the designation of ABHRA as a prescribed person, it is open to an employee of an Approved Housing Body, to make a protected disclosure to the Office of the Protected Disclosures Commissioner. The Office of the Protected Disclosures Commissioner will identify a prescribed person or another suitable person competent to take appropriate action to follow up on the disclosure. Where no other suitable person with the required competence can be identified by the Office of the Protected Disclosures Commissioner, the Commissioner will follow up directly on the report. More information can be found on the Office of the Protected Disclosures Commissioners website at: www.opdc.ie/how-to-report-wrongdoing/index.xml

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