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Dáil Éireann debate -
Thursday, 11 Oct 1945

Vol. 98 No. 2

Rent Restrictions Bill, 1944—Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

In moving the adjournment of the debate yesterday, apart from calling attention to the provisions of Part III of this measure, I, as well as other speakers, had been discussing the general problem that this Bill is intended to meet, and the burden of the remarks I made yesterday and that I wish to make to-day, is that the general problem is not being met or attempted to be met by this measure. Only one small angle of the housing difficulty is being met here. The fear here—a fear that has been expressed by most people—is that this is only a palliative and that, if and when this measure will go through, there will be a still further restriction on the private builder, and that means a still further gap in the housing problem of this country. The fear is that there will be a greater restriction than heretofore on the activities of private builders, and Deputies are anxious to find out whether or not that is so. Deputy Coogan, I think, did not seem to think that that gap existed, but I suggest that the history of the 1914-18 war bore that out, and that recent history has more than borne it out.

It seems to me that this Bill aggravates the situation. In the matter of the building of up-to-date houses, when you had certain restrictions on houses of a particular valuation, up to £30 and more, private building of houses ceased, or practically ceased; but we are now moving on a step further, where houses of £60 valuation will be controlled. It is said that this measure does not apply to houses, the building of which did not commence after 1934. It is also said that this Bill is only an emergency measure, limited in extent to the year 1950. Surely, the Minister will not have the hardihood to say that this Bill—taking into consideration the whole Rent Restrictions code—is likely to disappear after 1950? Everybody knows that it will not. The fear was, with regard to those engaged in the building trade, that previously houses under the £30 or £35 valuation were not included, but that they are now being gathered in. Now, definitely, the fear in the minds of those engaged in building operations, will be that all houses they built, as long as they are under the £50 valuation, will be gathered in when it comes to 1950. That, undoubtedly, is going to lead, in view of the experience of the past 20 years, to the disappearance of the private-enterprise builder from the field of operation represented by the building of houses up to the £60 valuation point. That aggravates the difficulty.

It has been fairly well established, and it was recognised in the report into the Housing of the Working Classes in the City of Dublin, 1939 to 1943, that, for many years, what was once regarded as a field for private enterprise—the building of cottages for labouring people or for what are called the "working classes"—had virtually ceased. Nevertheless, there was a field for the speculative builder in houses beyond £30 valuation. That is now going to close down. It means that those people who got that particular type of house of £60 valuation and under, are now going to be crowded into the same sort of area, and the same conditions will operate in connection with the new type of house as prevailed previously with the lower priced houses. Private enterprise is going to be confined now to houses of the mansion type and big luxury type. That is a serious departure. In England, prior to the war, four out of every five houses were built by private builders. I am sure the Minister has statistics by which he would know the number of houses of from £20 or £30 valuation to £60 valuation erected by private builders. I think that is the problem we have to meet—that the private builder is not going to engage in the building of that type of house. What is going to supply the gap? Private builders not seeing sufficient profit to engage in this type of controlled house, are we to be thrown back to the position that the new type of house will be taken in hands by the municipal authorities? If that is so, the problem will be aggravated in the City of Dublin.

I have suggested that this matter must be considered in stages. It is quite clear that from 1914-1918 private enterprise on a commercial basis had practically ceased in relation to houses for the working classes. Are we to face the situation that some new body in a report in 1955 will say that the provision of houses of the controlled type, anything up to £60 valuation, by private builders had practically ceased since 1945? If so, what is to be the situation? Are the municipality going to have the provision of this type of house thrown on their shoulders, as well as the small type of house for what are called the "working classes"? We must consider speed in the building of sufficient houses. It is only when you get a competitive market and more houses than there are applicants for that you can throw aside control and let competition operate. The background of that argument is that if you had private enterprise meeting other people of an enterprising type, you might get down the price of houses, and you might have a better situation than that provided by the municipalities undertaking responsibility. I doubt, as far as the lower income groups are concerned, if competitive builders will ever produce houses which can be let at the rents which these people could pay. Some types of housing will have to be regarded as a service in the same way as primary education, the cost to be met by the ratepayers. How far is that process to go on? Are we to draw the line at houses rated at £30 or £40? Are we to look for some sort of subvention from the municipality? Where will the municipality draw the line; where will they stop?

That raises the other questions which have been ventilated in England but which were, apparently, not considered here. I saw it stated by people in the building trade that there was no trade so fiercely "ringed" as the building trade. One ex-Minister in England stated that everything even to the smallest article in connection with building was zoned by big companies amongst themselves and that until these monopolies and cartels were broken materials would be dear. That has not been the subject of much inquiry here and, certainly, there has been nothing done to break these rings if they exist. In England, they decided on another method to meet their problem. They are attempting to make the way easy for those who desire to go in for house building on a big scale. I think the figures have been varied from time to time, and that people have different views on them. I have seen one calculation which shows that the numbers in the building trades in England ran to something in the neighbourhood of 1,000,000 before the war, and that that group had been reduced, through people being drafted into military service, to something below the 500,000 mark. An attempt was, therefore, made to speed up the demobilisation of those engaged in the industry and to get the figure raised to 600,000 or 650,000. A further approach was made to the trade unions on the other side, as there was going to be a very big field of enterprise opened in housing in England and they appealed to the trade unions to allow easier entry into the trades. Young men were to be given special training for a brief period and, after another period under supervision, would be allowed to work with those properly qualified. In that way, it was proposed to raise the number of building operatives to 1,000,000, and then to 1,250,000 or 1,750,000. Of course, a drive will be made in England to get building operatives trained by this process to the extent of 500,000 or 750,000, and wages and conditions will be offered on the other side that are bound to attract those who have skill here.

What are we doing? I see nothing in the way of prevision, no indication of any approach to the trade unions— if there is a trade union problem here, which I doubt. The only thing I saw was a laggard effort on the part of the Minister for Industry and Commerce, who urged those concerned to take care to get as much Irish timber as they could for fear housing would be affected. I described that as a laggard effort. I understand that, in order to make proper use of native timber, it should be felled and put under some seasoning process for a couple of years. Here, when the rush is on, the Minister sends out a document telling people what they ought to do. The British have a more aggravated problem, due to the demolition of houses. They have purchased timber supplies with considerable difficulty. Deputy Byrne asked a question here to-day if we could not get some of the timber that recently came to England and the Minister said it was waste of time to apply for some. The Minister for Finance told me in July of this year that we had purchased timber from Sweden under a purchase agreement based on the £ sterling. I am glad to find that the realist of the Government has described it as a waste of time to think that we shall get any fraction of that timber, though the Minister for Finance is of a contrary opinion. That is the situation. Our lack of prevision and of forethought in failing to keep our skilled building operatives in the country and our lack of forethought as regards getting supplies of timber and other building materials have brought about that situation, which is aggravated by the terrible position revealed in this housing report.

I have often referred to that notable paragraph, paragraph 133, which speaks of the income level of certain families in the City of Dublin. The report does more than that. It relates this whole matter of houses to the rents which can be properly charged to people in these low-income classes. It takes 10,500 families as a sample of the 33,500 working-class families included in the earlier survey of 1938-39. It says that the group chosen affords a good sample and indicates the incomes that those people had. In paragraph 133, the report states:—

"A general average over all the families, based on the mean of the foregoing ranges, would be 48/6 per week, but it will be more enlightening to note that 20 per cent. receive less than 20/- per week and can presumably pay no rent if they feed and clothe themselves in even the most meagre fashion; 45½ per cent. receive under 40/- per week, 55 per cent. under 50/-, 67 per cent. under £3, and 84½ per cent. under £4."

Paragraph 134 had this conclusion:—

"It will be necessary to examine similar figures taken from other sources and to inquire more closely into the rent-paying capacity attaching to these incomes, but it may be here observed that if we take the usual rent charged for a corporation four-roomed cottage, about 10/- per week, and if we assume an arbitrary proportion of one-fifth of income for rent, all those receiving under 50/- per week, 55 per cent. of the whole, are unable to pay the rent of a corporation cottage. Even if we allow for those who could be accommodated in a three-roomed cottage at 7/6 per week and whose income should be 37/6 on the same basis we face the fact that 45½ per cent. receive under 40/- per week."

Paragraph 135 says:—

"It is important to emphasise that the above calculations and deductions are based on an assumption of a continuity of the weekly earnings specified. When we consider that there is no guarantee of this continuity, it will be realised that the situation would probably be even worse than we have stated."

The proper comment to make on that paragraph is that those incomes had reference to the purchasing power which existed in the year 1938-9. The purchasing power of those incomes has since been reduced by half. When reference is made to people receiving £2 per week, we can take it that they are now receiving, in fact, £1, and that applies to 55 per cent. of the 33,000 families in question.

Paragraph 136 concludes in this way:

"Bearing in mind that the proportion of one-fifth income for rent is considered by many authorities to be too heavy; and that the corporation cottage rents are not the economic rents but rents rendered possible only by substantial rate and State subsidy, we begin to understand where lies the real housing problem, to which the other difficulties are only subsidiary."

The Minister has dealt with only a small angle of this question. He is dealing with a particular group of people. His intention is to preserve those people during the period in which the Bill will operate from the extortions, as they are called, of the landlords. This is really a Bill to prevent landlords from receiving a proper return on the money they have invested in their houses. There is no doubt that, if there were no control, a number of them would look for more than a reasonable return. But no builder will, in my opinion, in future, build houses of the type to which I have referred on the terms set out in the measure. If that be the situation then, from the long-term point of view, the situation is not being relieved but is being aggravated.

I cannot believe that this measure would be brought forward by one member of the Government unless other members of the Government who have their part to play in this housing problem had come to conclusions with him and unless they had plans, which we have not had revealed yet, for tackling the aspects of this matter which appertain to their Departments. I think that the fears expressed here are quite real and that the situation disclosed is a very serious one, indeed. The earlier part of this report speaks of the inadequacy of the efforts of private builders. We are now taking a step to prevent private effort, no matter how inadequate it may have been in the past, providing for the low-income classes. The effort of the private builder in relation to the low-income groups will disappear practically entirely in respect of houses of from £60 valuation downwards. Somebody will have to tell us what will be done to meet the new difficulty that the passing of this measure is bound to bring because there is going to be a difficulty. The present Minister cannot simply wash his hands of responsibility by saying that he is attending to his small job in relation to the matter. He must realise that the Bill is aggravating the other aspect of the situation. I should like if the Minister would let me know what private effort did in respect of houses of £30-£60 valuation in the 1932-39 period. In addition, I should like the Minister to inform the House whether, having heard of the difficulties people have experienced in these matters, he has any thought of amending Part 3 of the measure, so as to cut out the provisional order and the application to a district justice and arrange for a situation wherein the application will be made in the first instance to the court which will decide the matter, through the channel of ordinary legal assistance, the Government providing the expenses of poor people who have to apply.

My first duty is to welcome this Bill. So long as a situation prevails in which the supply of houses for our people is altogether inadequate to meet the demand, there must be some form of State intervention and State control to protect the interests of those who seek housing accommodation. This Bill is a comprehensive measure to deal with the problem and will, accordingly, commend itself to the Dáil. Much water has flown under the bridges since farmers were given the right to appeal to the court in respect of the fixing of fair rents on their holdings and it is equally desirable that our urban population, and our working population generally, should enjoy the same right — the right to appeal to a fair, judicial body and have just rents fixed. I do not welcome the suggestion that this Bill will completely eliminate private enterprise as far as the building of houses under £60 valuation in the city and under £40 in the country is concerned. I think that would be a very undesirable situation if it were to arise. As far as possible, we should endeavour to encourage private enterprise, private builders and private firms to go ahead and produce to the utmost of their capacity. I do not think that the fixing of a judicial rent should automatically have the effect of eliminating the private builder. In fixing rents the rights of all concerned, those who build houses, those who purchase them and those who have to live in them should, I think, be carefully considered and no section of the community should be forced to suffer real injustice. I know that the fixing of a judicial rent might impose financial loss on considerable sections of the community, that is, those who are charging excessive rents for the housing accommodation they have to offer but I think there should be enough private enterprise in this country to avail of the opportunity to earn a fair and just profit from their enterprise. Such enterprise should be encouraged by this Bill.

I also wholeheartedly approve of Part III of the Bill which seeks to afford to the small city dweller an opportunity of appealing to the courts without incurring any financial expense. I think that such a provision is absolutely necessary, but it is, as has been pointed out already, dependent for its success on the availability of a sufficient number of district justices or the allowance of sufficient time to the district justices to deal with the many cases which will arise. I should like if the Minister would inform the House if provision will be made to assist our district justices in fixing fair rents, if they will be given guiding principles upon which to base their decisions, because naturally it must be recognised that the different forms of houses, flats and apartments of every kind vary to such an extent and the conditions under which they are held vary to such an extent that a very big problem will be presented to our district justices. They are only ordinary human beings and they must be given at least assistance to the extent of having certain rules on which they can base their decisions. It would be very undesirable to have decisions in one area perhaps altogether at variance with the decisions in another area.

Another omission from the Bill is the absence of any provisions to deal with the ban which is sometimes placed upon children in the letting of housing accommodation in the city and other urban areas. I think such a ban should be made absolutely illegal. There does not seem to be any just reason why, in the average case, the owner of property should have a right to debar tenants from rearing children in the accommodation offered. I think that such a ban is altogether anti-social. It should be completely eliminated. While I do not generally approve of the State making contracts entered into between citizens null and void, I think that a contract of tenancy in which there is a proviso that no children shall be kept in the accommodation offered, should be regarded as null and void and that a provision should be made in this Bill to that effect.

I entirely agree that the real solution of our housing difficulties is to increase the production of houses and until that is done this Bill can only go a very short distance towards meeting the tremendous problem which faces us in regard to housing our people. I believe that whatever assistance is given by the State to municipal authorities, to county councils and other bodies in the country, to engage in building programmes should also be made available to any private builder who wants to undertake building operations. I think that local authorities and private firms should be placed upon exactly the same basis in that respect and that whatever steps can be taken to reduce housing costs or the costs of building material should be undertaken because there is no doubt whatever that the real cost of building houses in this country is altogether excessive. We have in this country a considerable amount of the materials required — cement and materials of that kind. They are produced here at home, not at an excessive price. I think the State should give a lead in designing houses as far as possible in such a manner as to ensure that the cost would be cut to the very lowest minimum. As this is an enterprise in which the State is involved and to which the State has to contribute a very considerable amount of the money required, steps of the most effective and energetic nature should be taken to ensure that there is no profiteering either in the building of the houses or in the production or distribution of the building materials. I ask the Minister to look particularly into the point which I have raised in regard to the provisions of tenancy contracts which debar children in houses or flats. I ask him to ensure, as far as possible, that where the private individual undertakes building operations, he will be given fair play. Finally, I ask him to ensure that there will be expedition in dealing with the many cases which will be brought before our courts in regard to the fixing of rents.

We were told during the debate that the policy behind this Bill is a policy of control and that it would interfere with the building of houses for renting by private enterprise and would have the effect of stopping it. We were also told that the policy of the 1926 Act was decontrol and that, therefore, that Act should have encouraged the building of houses for renting. I am in a position to know the number of houses that were rented of the houses that were built in the district in Dublin in which the greatest number of houses were built. In the four years from 1926 to 1930 of the new houses that were built in the Clontarf district only two houses were rented. That would not appear to prove that the policy of decontrol in the 1926 Act encouraged the building of houses for renting. If it had encouraged such building, why did the Government of the day, in 1928, discontinue the policy of decontrol and control houses of £30 and £25 valuation? It is a fact that under the 1928 Act they controlled rents. As a matter of fact, in the period of 1936 to 1940, to my knowledge, more newly built houses were rented than were rented at any period since the first world war. As far as I understand the position, more controlled houses were rented than new houses. Therefore I do not think that the control exercisable under this Bill will have any appreciable effect on the building of houses for renting. That is my view at any rate.

We were also told that because of the introduction of this Bill builders will be afraid to build houses for renting because the houses will be controlled. This is the first interference with the Rent Restrictions Act that has occurred during the term of office of this Government and it has been brought about by the fact that there has been a second world war which lasted six years, and that the position in regard to housing has become so acute that control was absolutely necessary in order to prevent people from being fleeced by the imposition of exorbitant rents. The position is, undoubtedly, more acute than it has ever been and there is absolute necessity for the Bill. That is the fact that must be faced, irrespective of the problems that arise in connection with its effect on the building of houses. We have to face the fact that there is urgent necessity for this Bill.

The codification of the rent restrictions law in this Bill has simplified the law in this matter. As a layman, I have found it far easier to understand the position of rent control under this Bill and I think the Minister is to be congratulated in this respect.

I wish to refer to Part II of the Act. I understand that that is meant to apply to tenements. As I read it, I do not think, as it stands, it will apply to tenements unless the tenant gets a separate valuation apportioned by the Commissioner of Valuations. Perhaps I am wrong, but that is my view and, if that is so, I think the cost involved would nullify the benefits of the Act in respect of those poor people. I would ask the Minister to consider that point. I approve of the idea of going to the clerk of the court rather than to the court itself because, to the minds of these poor people, going to court represents something to be paid out either by way of fine or as lawyer's fee and, therefore, they would dislike the idea of going before the justice in the first instance. The question of queuing that was mentioned here yesterday is, I think, merely a matter of organisation that can surely be got over. It certainly is not any reason why the idea in the Bill should be abandoned.

Taking the Bill as a whole, I think it is an honest attempt to deal fairly with all parties. I believe that under the Bill the relative positions of landlord and tenant will become better known and that both parties will be put in a better position to have their just rights.

I welcome this Bill, and anybody who has anything to do with the rent code will welcome it. The former rent legislation was, obviously, out of date and it was open to every landlord, if particulars were demanded of him by a tenant, to say that he had no records. It is impossible for tenants at the present time to prove the letting value or the standard rent or the rent payable on the 3rd August, 1914. Therefore, it is time that something was done to bring the law up to date in that matter.

There is one matter, however, in the Bill against which I wish to protest. The Bill does not deal with the greatest landlords in the country, the local authorities. The Minister, possibly, may give some reasons as to why local authorities are excluded from the provisions of this Bill just as they are excluded from all legislation of this kind. It may be suggested that local authorities are such model landlords that there is no necessity to control them in any way. At the present moment in the town of Westport, County Mayo, there are over 100 tenants under notice to quit by the local authority. These tenants are in occupation of houses at rents ranging from 5/3 to 8/3 per week. The houses were built under the 1932 code and the tenants went into them in various years from 1932 to 1938. I do not know why all the different rents are being charged. In some cases it is 10/-; in some, 14/-; in some, 5/- and in others, 8/-, and there is one gentleman having the distinction of having a rent of his own of 6/6 a week.

It is quite clear at all events that 70 or 80 of these houses were built under what is called the two-thirds subsidy scheme, the two-thirds State grant, or two-thirds financing from the Commissioners of Public Works. However these rents were arrived at, it is clear that these tenants have been paying the same rents since they went into these houses. After being for different periods in these houses they are now confronted with a demand from the local authority to add on the current rate to their rents, thereby increasing their rents by from 5d. to 1/2. The original rent when it was assessed on them was the figure set out in the different agreements and I believe that rates were taken into consideration at that time. Whether or not they were taken into consideration in arriving at the rents which should be fixed for these houses, the local authority got these tenants to sign an agreement which specified that the local authority would be responsible for all rates payable out of these premises. I have one of the agreements affecting one of these houses before me and Clause 9 of that agreement sets out that "the council shall be responsible for all rates in respect of the said dwellinghouse and premises". Here were tenants who were allowed into these houses by the local authority at what amounts to a fixed rent set out in their agreements by that local authority which now comes along ten years after the letting is made and endeavours to increase these rents and put the rates assessed on the premises on to the tenants.

They possibly will suggest that it might have been ultra vires the local authority originally to charge rates but that the varying amounts of the rates from year to year should have been added on to these tenants' rents. At all events, the position is that tenants were put into these houses and given to understand that they had this fixed rent to pay. Irrespective of Emergency Powers Orders or any other Orders, the local authority is now increasing these rents by amounts varying from 5d. to 1/2 per week. Under the Small Dwellings Act, 1928, rates payable by tenants to their landlords in the cases affected by these Acts would be termed rent. These rates, whether termed rent or not, mean in fact an increase of rent on these unfortunate tenants. What is the remedy for these tenants? Notices to quit have been served upon them. They have no protection from any source whatever because, if they do go into court, they are not protected by the Increase of Rents Acts. They are specifically excluded from them; they are specifically excluded from the Emergency Powers Order controlling rents in this country, and it is proposed specifically to exclude them under the terms of this Bill.

Formerly members of local authorities, if there was any injustice being done to a section of the people in connection with their rents, had the power to put matters right. Members of local authorities have no such power now. It is a matter that would be dealt with solely by the county manager or the town clerk. Very often an efficiency expert, wherever the merits of a case may lie, will say that he is entitled to take a particular line of action. He may not be swayed by considerations that would affect local representatives. I see no reason for excluding local authorities from the provisions of this Bill. If the Minister says that matters dealt with by the Bill would not arise with local authorities, or that the county managers concerned or the local authorities concerned would not do anything wrong in the way of charging extortionate rents or of making profits out of rents, then I say there is no reason why they should not be controlled because the tenants concerned would not have to take advantage of that control. On the other hand, if tenants are liable to suffer hardships, I do not see why the local authority should be excluded from the provisions of the Bill. If the Minister examines the matter, I am sure he will find that local authorities throughout the country — I do not know what the position is in the city — are the people concerned with practically all the houses available in the local towns.

In the particular cases in Westport which I have before me, the local authority proposes to make a profit out of the rents, because the original rent that they assessed did, I understand, include some portion for rates. They now want to get the rates on the double — the amount that was included as the original estimate of the rates and the current rent payable. It is obvious that the rates of local authorities will be increasing year by year as the social services are extended and that the amount of rates to be raised will be higher. It is therefore obvious that this great body of people who are housed by local authorities, if the rates are pushed on to them, will be meeting an increased rent year by year with the increase in the rates. I think it is an extraordinary state of affairs that these tenants should be left high and dry once that notice to quit is served upon them. There is nothing to prevent the county manager or the local authority firing out these 120 tenants in Westport in the morning, notwithstanding the fact that there is a written agreement with the local authority in existence providing that the local authority have to pay the rates on these houses; that they are in a position under the law to hold a legal gun to the head of these unfortunate tenants and say: "Unless you agree to this, no matter how unjust it is, no matter how wrong it is, out you go. You have no business going to the court because the law provides, simply because the local authority is the landlord, that these houses are outside this Act."

There is another difficulty that arises in connection with local authorities being landlords. Under the old Housing of the Working Classes code, there was a provision under which the tenant could purchase out his house. That code also provided that those houses were excluded from the Increase of Rents Acts and it is also proposed to exclude them under this particular Bill. I know several of those houses which were purchased out by the tenant, or rather where the tenant got into bad circumstances and was about to lose his house when some local individual with money came along to him, paid the amount in his name to the local authority and got what amounts to the fee simple of the house, subject to a perpetual annuity of, I think, £1. By this individual advancing the money to the tenant to purchase out, he acquired a house which he could let at any figure he liked, since, as I say, "once within these Acts always within them." These houses are specifically outside the control, as they were built under this particular code. Once they became the property of the tenant — and in nine cases out of ten that happened only when someone exploited the tenant — and were acquired by the exploiter, he could let the house at any figure he wished. I know several which were so acquired by exploiting the tenant and so let and which have been decontrolled. I cannot see why that should continue under this particular code. I cannot see why local authorities should be excluded nor why the tenants of local authorities should not be entitled to some protection, in the same way as their neighbours who were tenants under outside landlords.

There are some other matters in this Bill with which I am not quite satisfied, but it will be better for me to defer dealing with them until the Committee Stage. Generally, I welcome the principles of the Bill, though I strongly object to local authorities being able to take action such as the Westport Urban Council is taking at present. I hope the Minister will see that, before the final stages of this Bill are reached, provision will be made whereby tenants cannot be exploited in such a way by any local authorities, whether they be inefficient or otherwise.

It does seem somewhat peculiar to discuss the problem of rents and rent control without having regard, as Deputy McGilligan says, to the whole housing problem. Even if we leave aside the last five years of emergency, it has been recognised by many thoughtful people that there was a solution of the housing problem possible in this country, given acceptance of certain basic conditions. The housing problem is something more than merely a commercial proposition in which some people can invest their money, either in financing building, or as builders or, taking it from the point of view of my Party, as those who earn their livelihood in this way. Housing is the provision of a national service, in the same way as the other fundamental things to which the citizen is entitled by virtue of his citizenship.

One of the chief defects we have to face in our whole social outlook, one which is markedly shown in our Constitution, is that the two basic needs in life which should be guaranteed to our citizens by the community and the State, namely, employment and a home, are not governed by any guarantee whatever, nor is any definite provision made in respect to these two basic factors, without which one cannot really be a citizen. All the physical and financial resources of the State should have been directed towards finding a solution of the housing problem within a reasonably short period. It is quite fair for the Government to excuse itself during the past five years. It is equally fair for it to say that, during the previous eight or ten years, they did make a more sharp attempt to deal with the problem than was done up to then. During the ten years immediately prior to this war there was an increase in the rate of housing, especially in Dublin, where the main burden of the problem is.

Even during the most happy period of that so-called intense building in Dublin, in the provision of houses for those most urgently in need—that is, the 40,000 families living in conditions condemned by all experts on public health and sanitary conditions — we never attained a figure in excess of 2,000 houses per year. However good the intentions of the Government may have been, it is clear that the actual results fell very far short of what was required. It is doubtful if the provision of houses for working-class families in Dublin during those ten years exceeded to any great extent the ordinary replacements required year by year for a city of the size of Dublin. Certainly, we do not seem to have made any drastic inroads on the figure that has existed in Dublin for the past 30 years, showing the number of families living in insanitary conditions. I remember that, as far back as 1930, the Dublin Corporation had 12,000 families listed as complying with all their rigid requirements for housing accommodation. Yet, if you went, in 1939 or 1940, nine years later, to the Housing Department of the Dublin Corporation you would still find the same figures there, despite the building activity during the previous nine years. To-day, after six years of a standstill in the building trade, that figure is still there, although the Dublin Corporation, to its credit, maintained a higher rate of building than was attained in the whole of England during the same period. During the past six years the number awaiting accommodation through the corporation has grown to outrageous proportions and is probably beyond handling under existing conditions.

Since the problem is there and since rent control is part of that problem, there is no reason why we should not welcome any effort made to deal with one of its worst features. It is true that overcrowding, dangerous and insanitary buildings, the crowding in of persons suffering from tuberculosis with healthy people, the mixing of sexes without any privacy, the lack of the ordinary decencies of life, are some of the ordinary things that immediately strike our eyes; but back of that is the problem of rent, translated into the share of the income of the family that comes in and the amount required for food, clothes and other necessities, now denied to the family because of the amount of rent they have to pay. I believe it is correct to welcome this Bill and to say that, even if it has defects, we should try to accept it, at least as a measure towards dealing with the immediate problem of rent.

At the same time, we should not lose sight of the bigger problem. As Deputy Colley says, I do not think it is sufficient. This is the first effort by the present Government to deal with the control of rent and it has been brought in really as an urgent emergency matter, because of our experience during the past five years. This Bill was just as necessary in 1939 as it is in 1945. Indeed, the problem has become a little more urgent. It was just as necessary in 1930 as in 1939. It has been as necessary in the City of Dublin and in most of our towns during the past 50 years as it is to-day.

This problem of rents and the relationship of rent to income is not one that has arisen merely during the last six years or that arose merely during the four years of the last war: it has always been with us and will continue so, as long as there are insufficient houses for the number of people requiring them. It will continue as long as we have people prepared to invest their money in house property and utilise that property, not for ordinary, straightforward, commercial purposes, but as a rack and screw to squeeze out of the unfortunate people the absolute limit they can secure in obtaining a return on the money invested. That is why the problem of rent is so urgent and so desperate that, even though we recognise this Bill is only tinkering with the larger housing problem, we should not hesitate for a moment to take advantage of the effort of the Government in this direction, but should use it to the utmost advantage, to see to what extent we can give the benefit of this legislation to the people who are in urgent need to-day. The housing problem is not insoluble. It does, however, require an approach that apparently this Government is not prepared to make and, until we get some change of heart, there is no use in expecting any great strides to be made in the provision of houses.

Expression has been given in the House to certain fears as to the effect of this extension of control on the activities of private builders. I have heard the experiences not only of people up against the paying of excessive rents but — and it is an experience common to most people in the Dublin area — of people trying to get a house to rent. I would be glad to know where, during the past 25 years, private builders have erected houses and rented them to ordinary working-class or small middle-class families at a rent which those families could pay. So far as I am aware, within recent years the only efforts made by private builders to provide small scale houses were those made out in Crumlin by the Dublin Artisans Dwellings Company. They are operating there on a system of tenant purchase. The houses are small and the rents are largely within the means of higher-paid tradesmen.

Taking Dublin generally, so far as private builders are concerned they have not catered for families desiring to rent houses and it would seem they have no intention of doing so. Many families prepared to pay rents for houses up to a valuation of £40 cannot get such a house to rent. There are many families prepared to enter into financial arrangements so as to purchase a house suitable for their needs. On the other hand, there are families with strictly limited means and they are obliged to pay rent and very often they are victimised and squeezed and squeezed to an extent that leaves them in financial difficulty. There is no provision at all for the erection of houses for families of that type, at a rent which they can afford to pay. In some instances house owners consider that renting the house is a better investment than selling it.

From that point of view, I do not believe that extended control, or a more rigid enforcement of control, will affect in any vital way the provision of houses by private builders. I think the erection of houses by private builders will continue and the houses will be erected mainly for the purposes of sale. Builders will take advantage of the Small Dwellings Acquisition Act and they will utilise local authorities as a cheap source of finance for the building of houses which will be for them purely a commercial speculation. That type of thing will continue and I do not think we need worry very much about it.

The main problem in regard to the provision of houses will rest with the local authorities. We are up against the problem of how the local authorities will cater not only for the smaller type of house which can be let at a reasonable rent to working-class families, but also for the type of house — and this is a problem which has developed sharply in Dublin — which can be rented to the families of such people as tradesmen, clerks, civil servants of the lower grades and Gárdaí. That is the type of problem which has to be tackled by the local authorities. If they are going to operate on a basis which will allow them to let those houses at rents within the means of the different groups I have referred to, then I feel we shall have to look at this matter from another angle.

The experience of the Dublin Corporation has been that it would be a physical impossibility to let houses as a sound commercial proposition, and at a rent within the means of the average tenant, unless there is a large subsidy paid by the State or by the corporation. So far as the prices paid in connection with Dublin housing schemes are concerned, various considerations arise. There was a statement made by Deputy McGilligan with reference to English housing schemes. He said that the building trade there is largely controlled by rings. That may not be borne out exactly here, but there is a close parallel.

Some three years before the war the Dublin Corporation carried out a building experiment. The scheme was a success, not only in relation to the type of house and the quality of the building, but also on the basis of cost. That experiment could be of the utmost value to local authorities. Those figures could have been closely examined and made the basis of future schemes and consideration could be given to direct labour as a means of reducing the cost, but to-day, some nine years after the scheme was carried out, there are still arguments in the corporation as to cost. In other words, the direct labour factor will be killed before it gets a chance of justifying itself.

We should welcome this Bill and be careful to see that we do not leave loopholes or loose phrasing in its provisions because such things might give rise to considerable difficulties. One of the main difficulties about legislation that we have passed, dealing with various forms of social amelioration, is that somewhere throughout that legislation there has been some laxity either on the part of those who drafted it or members of the House charged with the examination of it, and various little things have slipped out which have caused difficulty and suffering on the part of people anxious to take advantage of our Acts.

There is one matter which I should like to emphasise. There is not a sufficient approach in the Bill to the position of furnished rooms, furnished apartments. I think a more rigid definition should be introduced so as to give protection to those people who in one sense are complete outcasts. Whatever protection the tenant of a house or unfurnished apartment may have, the tenant of the furnished flat is in a most unfortunate position. These people feel the strain. Very often there are newly-married couples who may have small savings. They are forced into this type of habitation because they cannot get any other place in which to set up a home. They are there from week to week, completely at the mercy of the landlord, and so high are the rents for what are little better than glorified bug boxes, they never get a chance of putting money by so that they can lift themselves out of that particular condition and hope to obtain an unfurnished apartment or, if they are lucky, a small house. That problem should be more closely examined and particular attention should be paid to it on the next stage.

I notice also that it is proposed that the Act will not apply to houses which are converted into tenements in a bona fide fashion on and after a certain date. That, I think, is one of the greatest difficulties we have to deal with in the larger cities, and I am speaking not only of Dublin. There has been carried on over a period of years a deliberate and consistent policy by certain groups of people of taking over large houses, very often at comparatively low purchase prices, turning them into flats, and, within a period of two to three years, getting back the whole of their capital and such moneys as they may have expended on the conversion of the houses. Even though it may be suggested that to bring these houses within the scope of the Bill will place certain restrictions on that kind of activity, I think it is an activity which requires to be most closely examined.

There are certain areas in Dublin where, in recent years, that form of activity has spread almost like a sore. It started in Mountjoy Square and went right around the square. Houses were bought for £300 or £400, turned into flats or rooms, and, out of one house bought for £300, an income of up to £400 a year taken. The disease has spread to the south side and you find house after house along such streets as Baggot Street and Mount Street, and in certain sections of Merrion Square, also falling under the same objectionable system. If this is to continue, as it will so long as we have not got sufficient houses for the people, why should these people not be afforded the protection of the control we propose in this measure?

Deputy Cogan referred to one very difficult problem, that is, the objection put forward in the letting of rooms and apartments to people having children. I do not know whether the Minister can find a way of dealing with this problem. I am quite sure he recognises that it is a big problem, that it is not merely a problem of rent but a vital social problem and one which is having tremendous and dire effects on hundreds of people entering into married life, who very shortly after setting up homes suddenly find that the very duty they are called on to fulfil as citizens of the State, that is, to raise and maintain a family and contribute to the continuance of the race is the cause of their being put out on the side of the road.

You can see what the implications are. Surely we can find some way, if we apply our minds to the problem, of inserting in this Bill some form of protection for these people or some form of condition which would prevent this being utilised as a means of throwing people out on the side of the road. Trying to find places for young married couples with one or two children when they have been put out of the rooms or flats they occupied has become a regular and persistent job week after week. It is a problem which cannot be ignored year after year.

They cannot be put out for having children.

I do not know what the Deputy's experience is, but I can assure him that they are being put out.

It cannot be done legally.

Whether it is legal or not is not the problem. What we are dealing with is a human problem. It is quite true that a family is not told that they must get out because they have two children, but the children are the reason they are put out, although, so far as the law is concerned, they may be put out because they cause disturbance or annoyance. That is a recognised position and anybody who lives in Dublin or other large cities knows very well that families with children are not wanted, that people who go in newly-married, and who in the course of time have families, are very soon not wanted. There is a public outcry developing, especially in the cities, against this condition of affairs which has grown up.

It is bad enough for people with one or two children to find that they are suddenly no longer wanted in the flat in which they have been living for some years because children have arrived since they went there and apparently cause some annoyance, but how much more difficult is it for people who are faced with the problem of getting accommodation and who are politely told that because they have five or six children they are not wanted? I know that that is not the problem we are dealing with in the Bill, because they are already on the street, but it starts with the coming of the children. A whole vicious system grows up and becomes one of these vicious spirals about which we hear so much in relation to prices and wages. This is a far more vicious spiral because it is a spiral around the bodies of children and the whole future of the Irish race.

A question was raised by one Deputy as to whether we could possibly bring Part III out of the orbit of the ordinary court. I do not know what the experience of other Deputies is, but my experience of the ordinary citizen, the ordinary working man or woman, is that he goes into a kind of trance when he comes near anything which has to do with courts or solicitors or barristers. I do not know whether he is justified or not, but that is his reaction. Even when dealing with the old Rent Acts, when you tried to explain in a very simple way how a tenant could secure legal redress of grievances, you immediately came up against the problem. As soon as you mentioned solicitors or courts, they sheered off and decided to put up with the trouble.

Would it not be possible, in so far as the first stage envisaged in Part III, the making of a provisional order, is concerned, to have it done by some other form of tribunal or by some officer not in the immediate vicinity of the court? It is merely a declaration and there is provision in this Part of the Bill for a review of that declaration in a more judicial manner. Once, however, the tenant takes advantage of the provisions of the measure to the extent of getting a provisional order, this fear of becoming involved in the meshes of the law, in expensive legal costs and in matters which he cannot comprehend, would be broken down and afterwards the ordinary judicial procedure could go ahead, especially when there is provision for dealing with the main problem of the average tenant, that is, the problem of how to find the money to secure his rights under any form of rent control.

If these particular points could be given further consideration and if we could get improvement and tightening up on the next stage, we will have done something valuable. To the extent to which the terms of the Bill are popularised and made known to the general mass of tenants, to the extent to which they are made fully aware, in simple language, not only of the provisions of the Bill, but of how to go about seeking the protection of the Bill and of where to make their claims, we shall have dealt, if not with the housing problem as a whole, at least with one of the most burning questions in relation to it in the bigger cities and towns.

This is a Rent Restrictions Bill, and, like any matter which touches on rent, it has repercussions on the whole housing problem. Almost every speaker has spoken about that problem, which is the kernel of the whole situation. We are suffering from a shortage of houses in Dublin, and more or less in the whole of Ireland. If we had more houses the necessity for rent restrictions would probably, in the main, disappear, but that situation unfortunately does not exist, and it is necessary to see that justice is done to the tenant and also that justice is done to the landlord. Not all landlords are rapacious. Some of them are benevolent institutions, old widows, and so on. It does not essentially matter what class of landlord you are dealing with. It is the rent that the house gets is the important thing. To-day we have tenants who would pay almost any price to get into a house or a room. Those people have to be protected from themselves as well as from certain types of landlords.

One may say that, in the main, there is nothing very new in this Bill. It is mainly a codification Bill. For that reason we are all glad to see the 1923 Act, the 1926 Act and Emergency Powers Order 313 merged into one Bill. We hope that this codification will make a very complicated matter perhaps a shade less complicated. It is Part III of the Bill which is really bringing about a change. We are all glad to see that the very poor section of the population will receive a form of protection which they have not had in the past. As other Deputies have said, I wonder whether the machinery envisaged in the Bill is not too cumbersome. Will the district justices be able to deal with it, and will their clerks, in the main, be competent to deal with it? As regards the valuers to be appointed, I presume the Minister has in mind valuers who will be competent. What I am thinking of is that there may be so many valuers required for the operation of this measure that it may be difficult to find men who have the necessary qualifications. I imagine, however, that the Minister will look into that.

Since the circulation of the Bill a number of people have come to me to ask if the definition of the word "premises" covers a tenement room. I think it does, because it seems to refer to the word "dwelling" in a sub-section of the definition. Several people, as I have said, have raised the matter with me. It is one which we can discuss more fully on the Committee Stage. One may say that the general question of housing is one of the most complicated things which any legislature has to consider to-day. There is a shortage of houses. We all know that very little building has been done during the last six years. There is not only a shortage of houses to rent, but a shortage of houses to sell. The shortage of houses to rent is one of the reasons why rent restriction is necessary at all. One of the reasons for that is that the number of houses which it pays the owner to rent are getting fewer and fewer. Some people are afraid that this Bill will interfere with building. I fervently hope that it will not. But I do say that this Bill is not going to help building. Rent restriction and rent controls have unfortunately played a part in restricting the number of houses that come on the market for renting. Rent restriction and rent control are necessary. While we must have them to protect the tenant, we must not blind ourselves to the fact that they do not help the ultimate question, which is to provide as many houses as possible. I have no solution for that dilemma, but it exists. For some years now, as regards a house of almost any valuation, it would not pay either the builder of it to let it, or the man who might buy it from him for the purpose of letting. Of course, a builder can very seldom afford to build houses to rent. He usually has to get quick sale for the houses he builds. In the past, builders used very often sell their houses to members of the public who wished to invest their money in house property. Those men in turn set the houses to tenants, but within the past 25 years or so that has become very rare, because the cost of the houses was such that tenants could not pay a price which would in any way remunerate the landlord. Therefore, the houses that were open for renting were mainly those which had been built a long time ago, houses bought at a comparatively low price. That situation has become more and more common.

During the last six years any tenanted house on becoming vacant was immediately put up for sale. It was sold whether it was a controlled house, a decontrolled house or a house outside all control. The house was so valuable with vacant possession that no tenant could afford to pay a rent which would remunerate the landlord for the sum of money he had spent in buying it. Therefore you had a situation in which you had less and less houses becoming available to members of the public who wanted to rent them. It is not every family that can afford to buy a house. Young people starting out in life cannot, as a rule, do so, because they have not got the necessary capital. Even in a great number of cases they are not prepared to go to a building society to get an advance of money to enable them to buy. Therefore one may say that, ultimately, it is not in the public interest that rented houses should disappear. We cannot, however, close our eyes to the fact that they are disappearing very rapidly around Dublin, and I am sure that much the same situation obtains throughout the country. The only remedy for it is the provision of more houses and cheaper houses, but we know that with the present shortage of supplies we cannot do very much in that direction. I would like to say that, in the main, I welcome this Bill, and hope that it will not have the effect of hindering building, because that would be a very serious matter. I am inclined to think it will not hinder building, but it certainly will not be any assistance to it.

It was inevitable in discussing this Bill that the general problem of housing should arise, but, as Deputy McGilligan said, it was only with an angle of the problem I had to deal in this Bill. I do not propose to intrude on the province of the Minister for Local Government, to whom is assigned the task of dealing with the housing problem. I do admit, of course, that there is a matter of collective responsibility there, and that every member of the Government must take his share of that responsibility. Nevertheless, it is a well-recognised policy here that certain aspects of certain problems are assigned to certain Ministers, and it is with the question of rents and rent control I am dealing here.

The reason this Bill was brought in at all was that, as Deputies have already been reminded, practically every year up to 1930 a Bill was introduced dealing with rent restrictions. It was hoped by the late Government that rent control could be disposed of gradually; that each year the valuation of protected houses could be reduced, until finally it was hoped that by 1929 it would disappear altogether, and that as a result there would be a large increase in building. The Government of the day saw that that was not happening, and in 1928, when the control level had reached £30 for Dublin and £25 for outside it, they brought in a Bill stabilising it at that, and kept repeating that measure every year, until finally, in 1930 it was relegated to the category of Expiring Laws Bills. That was not satisfactory, and I imagine that a more permanent Bill would have been introduced much earlier if it had not been for the fact that the Town Tenants Tribunal was inquiring into the whole question, and it would not have been proper to bring in a Bill until their report had been made. As everyone knows, there were great differences of opinion expressed by the different members of that tribunal—some of them were diametrically opposed to others — but certain things were agreed on, and my Department in due course presented a Bill dealing with matters which had been more or less agreed upon by the tribunal, although not exactly in the form in which they had recommended them.

Then it occurred to me anyway that it would be a bad thing to have another Rent Restrictions (Amending) Act, we had so many already. Being a layman, and not liking legislation by reference, I said that I would prefer to have the whole of the rent restrictions code put into one Act, so that we would not have to be referring from Act to Act. Consequently, that was undertaken. Then came the new control under the Emergency Powers Order made last year. I do not think any great harm has been done to people who want to build houses, because the Emergency Powers Order applies only to houses which were built prior to February, 1944. Of course everyone knows that houses built after 1919 were not controlled in the original Acts, and anyone who did build houses for rent between that and the making of the Emergency Powers Order got an economic rent. I think there was no question about that. I was very hesitant to bring in any Rent Restrictions Order until I was satisfied that there was a very definite move in the direction of profiteering. There was abundant evidence presented to me that landlords were undoubtedly serving people whose salaries and wages had been subject to the Standstill Order with notices to quit if they did not pay substantial increases of rent.

And there was no defence against it.

Mr. Boland

There was no defence, and nobody in this House or the other House made any objection to the making of that Order. We had that Order as well as those different Acts, and the best thing to do was to incorporate that also in this particular Bill. There does not appear to me at any rate to be any prospect of anything like a big building programme within five years. I do not think there is, but, if there is, the question can be tackled again within five years. At any rate, it must be dealt with at the end of five years, when, let us hope, there will be a better chance of proceeding with building. I cannot for the life of me see how the Bill can affect any building that may be going on. It was put to me by the representatives of a society which has done very good work in building houses for rent here, the Associated Properties Company, that if this Emergency Powers Order were not amended to exclude houses which were built under emergency conditions, when the prices of materials had gone up, they would have to stop building immediately. On going into that question, I was quite satisfied that that was so, and that it was reasonable that any houses built under the new conditions should not be subject to the Emergency Powers Order, so they were excluded. Everyone must understand and admit that their prices are higher, and, therefore, if people are to build as an investment —as far as I know, that society gets only a moderate return on its investment—they will have to be allowed to charge a figure which will give them some return on their investment. Otherwise, of course, there would be no such thing as building. That amendment was brought in and is now incorporated in this Bill.

The matter dealt with in Part III dealing with poor tenants is the most important one, but there is another very important change in the 1923 Act cases, as they are called, and that is in regard to the determination of the rent. Where it was impossible or very difficult to ascertain the actual rent paid in 1914, we are now providing another method. I think that will be found to be a big improvement. Other smaller things which were suggested by that tribunal have been brought in too, but the big thing that is new in this Bill is the part I have mentioned, that is Part III.

I am not certain, of course, that the proposals which I have laid down in the Bill are the very best that can be devised. If Deputies, on the Committee Stage, are able to suggest a better scheme — something that they think will work better—I have an open mind on the matter, and am prepared to consider it, but I think it would be very hard to beat the scheme proposed in the Bill. I know it is true that, as has been said here, people feel a good deal of trepidation when they have to meet anyone in the legal business, but some way will have to be found to overcome that. In the Saint Vincent de Paul Society there is a legal section which is prepared to help those people. I think some way will be found to get over the reluctance of people who have a case. Going to the clerk's office should not be a very difficult thing. During the debate yesterday, someone suggested that it would be better if they made their application in writing, but I think a lot of people of the type that will be involved in those cases would prefer to go in person. They are not the best in the world at putting things in writing. Moreover, they might not make a full statement, and, at an interview, the clerk would have an opportunity of asking them questions. However, as I said, if a better scheme can be hammered out here on the Committee Stage, I am prepared to consider it.

I think no one will suggest that there is anything of a Party nature in this. It is a matter of common concern to everybody, in spite of what Deputy Dillon said about the small fellow and about there being more small people than big people and that, therefore, you will get more support. That is not so. Everybody, I am sure, is concerned with the solution of this problem and will do the best he can to bring about its solution.

Deputy McGilligan spoke about "rings" being in operation. I do not know about that, and in any case it would not be within my province. That would be a matter for another Department. I might be tempted to go into it, but it is not my end of things. I could not understand Deputy Costello. At one time, he seemed to say that it was necessary to have a Bill of this kind to prevent landlords from charging exorbitant rents, and then he said that it was dangerous, as it might prevent building. You cannot have it both ways, and if something of this kind is not done, then there is nothing to stop people charging any rent they wish. Unfortunately, due to the shortage of housing accommodation, people are willing to pay higher rents than they would be willing to pay normally, and then, if they find themselves unable to pay and are thrown out, others would be coming along and agreeing to pay the same, or even a higher rent, and then find themselves unable to pay the rent they had agreed to pay. As a result, you would have an intolerable situation, and I suggest that there is no good in complicating the problem by bringing in all these forebodings, which ought not to be brought into a Bill of this kind. This is only dealing with the existing law and codifying it. It is merely trying to make better provisions for speedy and cheap access to the courts for those who feel that they have paid too high a rent. That is all that this Bill is doing.

I think that a lot of the points that have been raised by various speakers could be better dealt with in Committee. Take the question of furnished lettings—flats or whatever they might be. I had inquiries made into this whole question, so far as I could. I admit that, perhaps, I had not the same means of inquiry that some Deputies had, but through any channels of inquiry that were at my disposal, I found that there was no very great increase in the rents for flats or lettings of that kind. There may be a few exceptions, of course. There may be also the question of an increase in the cost of furniture. Of course, putting in a table and a chair will not work, because, in order that the premises may escape control, the furniture must account for at least one-quarter of the total rent.

Accordingly, I do not think that a pretence at furnishing would be accepted if people tested it out, but, of course, if people themselves will not fight that, then nothing that we can do here can help them. I think that that will be admitted. We may pass a law here for the protection of people, but if the people concerned will not take advantage of it, then that is their affair and not ours. In this matter of whether or not a flat is furnished, if a test is made in the court by the tenant concerned, the landlord will have to satisfy the court that the value of the furniture he put in is at least a quarter of the gross rent. But, if people will not avail, themselves of that, then what can we do?

You could give them 20 years' overpayment.

Mr. Boland

We are giving them six years.

That would only deal with what we call faked furnished flats, but the other type of furnished flat is not dealt with.

Mr. Boland

Well, I am quite prepared to consider any proposal, if I can find one, which would deal with that matter. At any rate, I shall go into the whole question. Another question that arose was connected with the matter of tenements. The contention has been made that, if the tenant cannot prove that the premises are under £10 valuation, he will not be able to come in under Part III. I think that under Section 28 it is laid down that all a person has to do is to allege that the place he is living in is a small dwelling. The district justice then has got to go into the matter, and I think we are entitled to assume that the district justice will use commonsense in the matter.

You cannot do that. In Section 27 it says that the expression "small premises" means controlled premises the rateable valuation of which does not exceed £10, and anybody who goes into court has to bring evidence to show that the premises are of a certain valuation. That was Deputy O'Connor's point of view.

Mr. Boland

Under Section 28 the tenant has to make a claim that it is a small dwelling.

And he must furnish particulars in support of the claim.

Mr. Boland

An inspector is then sent to inspect the premises by the district justice, and he has to say whether or not he is satisfied that these rooms — say, the two-pair back — are under £10 valuation. He is going to say whether or not it is a small dwelling and comes under this section. At any rate, that is the way I have been advised, and it will be done under Section 29. However, if, on further examination, I find that that is not so, I shall make it more definite. I myself think it is all right, and if the district justice sends his assessor to view a tenement of this kind, and if the assessor says that this is obviously one of the type of premises which are covered in Part III of this Bill, then I am sure it will be covered.

But the landlord, under Section 31, will immediately fall back on the ground that it is not a small dwelling.

Mr. Boland

Well, there is where the dispute will come in. I admit that the question of the valuation of a room may be a difficult thing. However, as I have said, I will have the matter examined, but I am satisfied myself that Sections 28 and 29 will settle that. I do not think we should go into it now, but we shall try to make it as watertight as possible. I am perfectly satisfied that when the district justice gets the report of his assessor that the valuation of the premises is under £10—particularly if it is a case of a big house divided into several flats — the assessor will make that plain to the district justice. We could make that more definite, if necessary. As to the children, that presents a terrible problem. I do not know of any way to deal with it. Of course what Deputy O'Connor said to Deputy Larkin is right: "People cannot be put out if they have children." What way is there of forcing people with apartments to let to take in children? It would be very desirable if we could do that. I do not know of any way in which we could force people to do so.

Could you not make a condition preventing any agreement being made which prevented children being taken in?

And if people get into houses by pretending they have no children until by-and-by?

Will the Minister make it a condition that those with children will get accommodation?

Mr. Boland

I do not think we are going to have the big queues that Deputy Dillon foresees. I also do not think that rents are as exorbitant as people allege. I was acting on one occasion for the Minister for Local Government in reference to certain houses which were to be demolished under a clearance Order, and I was surprised at the average rents paid, something like 2/3 or 2/6 per room. There may be numbers of people paying exorbitant rents, but that will be dealt with. If this Bill does not deal with it, the situation can be remedied. This is the best I can do, but I am open to any amendment that will improve any part of the Bill. On the whole, this Bill was pretty well received, and it represents a genuine effort to try to deal with a pressing problem. The general housing problem is not one for me to deal with. That is another Minister's duty. He is going thoroughly into it and, at the proper time, will deal with it.

Has the Minister considered the point raised in connection with the establishment of a register of rents?

Mr. Boland

I have not considered that yet. I will look into it to see whether it can be done.

And the matter of the occupier of a room who is deemed to be responsible for rates?

Mr. Boland

I will go into all these points.

The Minister has extended the provisions of the Emergency Powers Order restricting the powers of landlords to increase rents, but in this Bill he is enabling new builders to get away from that provision. Is it possible under this Bill to have a provision preventing builders of new houses fixing new rents, or would it be necessary to get another Emergency Powers Order to prevent landlords extorting from their tenants?

Mr. Boland

There was not much building done in recent years. The society with which Deputy O'Connor is connected was prepared to build 300 houses, and had arrangements made to build 1,200. Naturally, such societies will see that if the provision in the Order is going to apply to such houses, which will be built at an increased cost, they cannot continue. They will have to get a certain profit. I say that is reasonable, and I imagine that no Government would try to restrict rents unless they found evidence of an attempt at extortion. If they did, I think the Government would be bound to act. If I happened to be a member of the Government when that happened, and if I found that there was an attempt to charge extortionate rents, or rents far in excess of what they should be, I would have no hesitation in asking the Government to bring in further restrictions. This Bill allows a reasonable return, as otherwise nobody would build. I agree with Deputy Dillon that most Deputies, or anybody with money to invest, will not put it into building if they cannot make a profit. I will have no hesitation, if I am in the Government, if there is any attempt at extortion, in asking to have it stopped.

In the light of that statement, will Deputy Breathnach build houses?

Mr. Boland

I am sure that Deputy Breathnach only wants a reasonable profit and, as long as he is satisfied with that, I am satisfied. On the point raised by Deputy Moran regarding the exclusion of houses of local authorities, I do not see how we could bring them in. There may be something exceptional in the Westport case but, as far as I know, houses built by local authorities are subsidised houses and should, therefore, be outside the scope of rent restrictions.

It cannot be done.

Mr. Boland

No. I am not going to consider that point. I do not know the situation in Westport. I think there is no case for bringing houses built by local authorities under the Bill, and I am not going to do it. If there is injustice there is a way of dealing with it.

Question put and agreed to.
Committee Stage ordered for Wednesday, 7th November.
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