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Dáil Éireann debate -
Tuesday, 13 Dec 1960

Vol. 185 No. 7

Ceisteanna—Questions. Oral Answers. - Housing (Miscellaneous Provisions) Act, 1931: Amendment.


asked the Minister for Local Government if he will consider amending section 34 of the Housing (Miscellaneous Provisions) Act, 1931 which grants to a local authority power under section 15 of the Summary Jurisdiction (Ireland) Act, 1851 to recover possession of a building or a part thereof whatever may be the rent or terms of the tenancy, in view of the fact that justices must grant the order, being given no discretionary powers, and that such orders cause much hardship and injustice to the persons concerned.

I do not consider that the statutory provisions referred to by the Deputy cause hardship and injustice and it is not my intention to propose that they should be amended.

The Minister states that he does not consider that hardship was created for the tenants. The tenants never seek legal aid. Is the Minister aware of that? They do not seek legal aid although there are 4,400 orders for possession given against them per year. Because the courts are powerless and have no discretionary powers, the courts must make the order.

The Deputy is making a speech.

The Minister said that he did not consider that there was hardship. The courts have no power.

The Deputy is not asking a question. He may make that statement on another occasion, not at Question Time.

Question No. 20 relates to this Question. There are 4,400 orders for possession per year.

The Deputy may not make a speech at Question Time.

Everybody else can get up six times.

The Deputy has made a very good effort.

It is a disgrace and unconstitutional that people should be evicted, the court having no discretionary powers.

Proceedings are never taken until everything else has been tried.

Even if a penny is not owed when the summons is taken out, the order is still made.

The proceedings are always authorised by the Housing Committee of the Dublin Corporation.

It is statutory that the justice has no discretionary powers. He must give the order and there is no appeal.

Will the Deputy please resume his seat?

I hope Deputy Dillon will come to my assistance. Here is a case where I have no appeal. You cannot appeal. The court has no powers and there is an order given in over 4,000 cases a year.

The Deputy will resume his seat.

It is as good a Question as the Questions that are asked every day in this House.

Why does the Deputy not join the Party?

I will never be dictated to by any brass hats.

Hear, Hear!