Dáil Éireann debate -
Thursday, 19 Nov 1959

Vol. 178 No. 2

Committee on Finance. - Rent Restrictions (Continuance and Amendment) Bill, 1959—Second Stage.

Minister for Justice (Mr. Traynor)

I move that the Bill be now read a Second Time. This is a short and, I think, non-controversial Bill which is necessary to keep the Rent Restrictions Acts in force while the Oireachtas is considering a comprehensive measure which will repeal and re-enact the Acts with modifications. The comprehensive measure represents the result of the Government's consideration of the rent control problem in the light of the recommendations in the Conroy Report on Rent Control and in the light of the economic and other developments that have taken place since the Report was presented. Owing to the technical and complex nature of this branch of the law, the drafting of the measure was not an easy task but the examination of the text is now almost completed and I shall shortly submit the Bill to the Government for final approval. I expect to introduce it early in the New Year.

The present Bill is on the lines of those passed in recent years. Section I proposes to continue the Acts for a further year but this period is a maximum one as it is reasonable to assume that the comprehensive Bill, which will replace it, will have been passed through both Houses by then. Section 2 is a usual provision in Bills of this kind and enables a landlord who puts premises into a reasonable state of repair during the period for which the Acts are being continued to obtain the same lawful addition to the rent as he could obtain for such repairs if he did them now.

I think there is general agreement that the existing Acts should not be allowed to lapse pending the enactment of amending legislation and I therefore ask that the House give the Bill a Second Reading.

Mr. Lindsay

We agree to give this Bill a Second Reading having regard to its non-controversial nature, and more especially to the fact that it is essential there be continuing legislation of this kind. We are pleased to note from the Minister, as indicated in an answer to me last week, that a more comprehensive Bill is on its way, and we look forward to discussing it in this House.

Mr. Traynor

I have nothing to add except that we do hope to have the comprehensive Bill introduced early in the New Year.

Question put and agreed to.

Acting Chairman

Next Stage?

Mr. Traynor

Now.

Mr. McGilligan

No notice has been given of the intention to take all stages of the Bill today.

Mr. Traynor

This is merely a continuing Bill, as the Deputy knows. It is not one that is likely to be amended on Committee Stage and up to this, as far as I know, there has never been any question of not providing the other Stages of the Bill.

Mr. McGilligan

That may be, but I have objected to this practice several times and I want to raise the same objection against this habit of putting down Bills for Second Reading and then deavouring to take all Stages. If any case could be made on the grounds of urgency, naturally accommodation could be given, but the date to which the legislation is extended is to the end of next year. I take it that the present Bill is not necessary until the end of this year, and there is no hurry about it.

Mr. Traynor

Not as long as it is put through by the 31st December. I think Deputy Sweetman was talking yesterday about the Order Paper being cluttered up with Bills. This is an opportunity to take at least one Bill off the Order Paper. It is true that there are a number of Bills on the Order Paper which have been on it for a considerable period. I have no doubt that the Deputy was referring to that particular type of Bill, but here is an opportunity to remove at least one of them. If the Deputy sees some good reason for not giving it to us, I cannot object to it, of course.

Mr. McGilligan

The argument does not convince me. The objection is to having Bills like the Solicitors (Amendment) Bill, which was introduced in 1958, being repeated day after day on the Order Paper.

Mr. Traynor

The Deputy knows the reason it is still there.

Mr. McGilligan

I do not know.

Mr. Traynor

I presume the Deputy knows better than I do.

Mr. McGilligan

I met a deputation from the solicitors about July 1958 and I was told that the Minister was endeavouring to have the matter cleared up at the earliest possible date. It was suggested that it would be possible to do so before we adjourned for the recess in Summer, 1958. It is still on the Order Paper.

Mr. Traynor

The Deputy knows the reason.

Mr. McGilligan

There are difficulties. Objection was taken yesterday to having these things remaining on the Order Paper without any indication when they would be cleared up by furtherance of the proposals. There are two other Bills—the Courts (Establishment and Constitution) Bill, 1959, and the Courts (Supplemental Provisions) Bill, 1959, both in Second Stage. Those two pieces of legislation were in a filling cabinet in my room in the Attorney-General's office by the Autumn of 1956, if they were not there by the Summer of 1956. It was a long time before they made their appearance on the Order Paper. They have remained there.

Mr. Traynor

The Deputy knows the reason.

Mr. McGilligan

I know of no reason why these Bills should have been held up for the past four years. ties in so far as the drafts had to deal There may be constitutional difficul-with certain points but surely it does not take so many years to get over a constitutional difficulty? There is another piece of legislation—the Charities Bill. That was certainly in draft in the early days of 1956 with one point only remaining and that was the definition of "charity". It has not taken all that time to get the definition of what is a charity because the rest of the Bill was merely machinery. Against that, I am asked to clear up a Bill which made its first appearance a week ago. The Minister will get it cleared off next week. I am objecting to the habit which is growing up of looking for all Stages of a Bill without any notice being given to people who do not happen to be here on the day the Second Stage is on that it is proposed to take all Stages. Some intimation should be given that it was proposed to ask for all Stages on the grounds that the Bill was not controversial.

Mr. Traynor

That has been the position in former years. I am not objecting.

Mr. McGilligan

If the Minister is going to look for all Stages, let him give some information to Deputies that that is the case.

Committee Stage ordered for Wednesday, 25th November, 1959.