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Dáil Éireann debate -
Wednesday, 21 Feb 1962

Vol. 193 No. 3

Private Members' Business. - Housing (Loans) (No. 2) Bill, 1961— Second Stage.

I move that the Bill be now read a Second Time.

This is a simple Bill but, nevertheless, it is of vital importance to a large number of people throughout the country. We are all aware that at present and for many years past the people have had certain advantages by way of grants and loans in connection with the building of houses. Over the years these grants were increased by the various Governments. It is known to all that a person building a house can avail of a State grant and a supplementary local authority grant. Further, should he find himself financially unable to meet the balance required for the building of the house, he can avail of the Small Dwellings Acts and secure from a local authority a loan for this purpose. In recent years such facilities have been extended to include people buying houses and also people carrying out reconstruction work on houses.

The one section who are faced with the difficulty of meeting much more than they are ever likely to be able to provide by way of finances are those living in local authority cottages or houses which come under a vesting order made by the local authority in favour of the tenant. A tenant of a vested house—vested in him as tenant by the local authority—may in the case of reconstruction or addition avail of a Government grant and may be able to avail later of supplementary grants. That is undoubtedly a help to him, but the main problem in his case is meeting the balance between the grants and the total cost of reconstruction or addition. From my knowledge the tenant of a vested local authority house in a rural area is never in a position to provide from his own resources the balance between the cost of the work he carries out and the grants received from the Department and the local authority.

Taking into account the question of the cost of such reconstruction, we also know there is a big discrepancy between the cost estimated by the Department and the actual cost to be met by the tenant purchaser. That in itself extends the gap because the Government grant and the local authority grant are based on the cost as estimated by the Department. It all goes to show the awkard position the tenant is faced with in his efforts to bridge from some source the financial gap to which I have referred. Very often he finds it beyond his means.

This does not worry the man living in a house not the property of the local authority. Our concern should be, first of all, for tenants of vested cottages and houses in rural areas. We ask that the same provisions be extended to those tenants as are being given to people in other dwellings. I feel sure the Minister and the House will agree there is nothing revolutionary in asking for this. It is most difficult for a tenant to find himself faced with a bill for repairs to the cottage which should have been properly executed by the local authority at the time of vesting. In a short number of years he finds himself in the serious position of having to face further bills for necessary repair work.

It is no use for such a man to appeal to the local authority or to a bank or to a building society to help him to fill the gap between the cost of such repairs and the grants available to him because under the regulations, and under the law itself, the fact that the house is a local authority house vested in the tenant automatically carries with it a mortgage, and the local authority, even though anxious to help the tenant, finds itself stopped, prevented by law and unable to help with a loan. The bank manager and the manager of a housing society find themselves in a similar position. It is not a case of their refusing the tenant's application on its merits: it is not a question of the tenant's honesty in repaying the loan but simply because the law points out that while the cottage is in the process of being vested it carries a mortgage.

That is one point we are anxious to get over. That is why we say such a tenant should at least be given the same favourable conditions as apply to other occupiers of houses. Let us not forget that while a house may be vested in a tenant, so long as he is paying annuities and until he has paid the last penny, the local authority have a claim on that house. It would, therefore, be a sensible principle for the local authority to be allowed to help him by way of loan even though the local authority has a claim on the house.

There is another point in the matter of vested cottages which applies to rural and urban areas. A tenant of such a cottage or house may want to leave the district. There may be in the area a man with a young family living in very bad housing conditions and with very little hope of getting a new local authority house even though he qualifies for it under the Housing Acts. Naturally, such a man, seeing a cottage vacant nearby, feels he has a right to get it; but he, again, is caught. He finds, whether he approaches the county manager, the local authority, the secretary, his local Deputy, or local county councillor, that the answer is still the same. Because the House is vested he cannot get a loan for the purchase of the interest of the outgoing tenant.

It is only fair and proper to say that, if we were really interested in such a person and his housing needs, we would support this Bill. If we are interested in local authorities helping so far as possible to ensure that their property is improved by the tenant purchaser then we must appreciate that this Bill goes a long way towards helping in that direction. Perhaps the Minister, or other members of this House, may draw attention to the fact that there is provision in one section of this Bill to enable local authorities to provide these loans out of local rates. Some may hold that this would be an imposition on local rating authorities. I believe our answer should be sufficient to dispel any worry any Deputy may have on that score.

Deputies on both sides of the House who come from the same county as I do know, not just recently but for years back, that the local authority in providing assistance under the S.D.A. loans, in providing a large amount of money over the years, have never found themselves in the position of not getting back the capital plus the interest. I cannot speak for other counties but I am sure the same position obtains; we know that the Cork local authority in providing these loans have never been at a loss either in regard to capital or interest because, while the local authority must pay a certain interest rate raising the money themselves or providing it out of the rates, the experience has been—I am sure it will continue— that the local authority charges roughly ½ per cent. on the loans provided to protect the council in its administrative work and in the clerical and other work associated with the provision and collection of these loans. From every angle, therefore, this is a safe bet for the local authority and, perhaps, with the help of God, it will be a good bet for the vested tenant and the prospective tenant purchaser.

Despite the "yea" or "nay" of the provisions of the Housing Acts in force at the moment, irrespective of whether or not they are broad enough or elastic enough in their scope in the view of local authorities, in some areas people are purchasing the interest in these cottages. I do not propose to discuss whether that is wrong or whether it is right. We all have our own views. The matter is outside the scope of this Bill. But people are buying the interest of outgoing tenants and, in some cases, paying a great deal of money. They are people who could never get a cottage or a house if they were depending on the report of the local authority County M.O.H. and the other officials concerned. Under the terms of the Housing Acts a person working for hire in rural areas can get accommodation. I have seen some extraordinary cases. I have known of a case of a man living in a fashionable quarter in a city and, because his business may take him around the country as a traveller, or in some other capacity, he can be and is being considered as a person working for hire in the rural areas. There is a touch of irony about it. It is ironic to see people with bank balances able to buy the interest in a vested cottage; it is ironic that they should qualify while an unfortunate farm worker, road worker, or casual worker living near the cottage, with a young family, in bad housing conditions, will never be in a position to ask the vested tenant: "Are you selling? What are you asking? I am prepared to buy. I am prepared to make a bargain." He cannot say that because there is no way whereby he can get a loan as other people can get loans.

I do not want to delay the House on this. As I said at the outset it is a simple Bill. It is a commonsense Bill. All we ask is that these people, the people who wish to carry out improvements, be given the opportunity of getting a loan. All we ask is that the unfortunate person so anxious to buy the interest in a vested cottage for sale, and who has not got the wherewithal financially to do so, should be given the opportunity and the help to enable him to stay in his own area and secure for himself that little comfort that should be given to him and which has been given by successive Governments to other sections of the community under the Housing Acts.

Briefly, that is the idea behind this Bill and, in view of its importance, I would ask the House to give it full and sympathetic consideration.

This Bill consists in the main of two provisions. They are contained in Section 3. The first is the proposal that a grant should be made available for the reconstruction or extension of local authority houses; and the second is that loans should be made available to approved applicants to enable them to purchase the tenant interest in a local authority house. We are in complete agreement with the first principle; it is one that we enshrined in our programme before the last election. We believe there is need for this type of grant to people living in local authority houses to enable them to carry out reconstruction or improvements.

With regard to the second principle, the making of loans to enable a person to acquire a tenant purchaser's interest in a local authority house, we are more reserved. The reason why we are more reserved is because we think that this proposal might very well raise the purchase price of such a house. If it became known that loans were available that would, perhaps, enhance abnormally the value of the house and make it even more difficult of acquisition by the people for whom it is desired to make provision in this Bill. Subsection (2) of Section 3 may have a bearing on this restriction but we reserve our decision on that portion of the Bill. This Bill proposes to do something we feel should be done and we have committed ourselves in this respect. I welcome the measure on behalf of this Party.

I rise to support this very necessary measure proposed by Deputy Desmond. The Minister is constantly making appeals to local authorities on the desirability of tenants purchasing their houses. We have ideal schemes for the purchase of local authority houses and it is desirable that as many people as possible should purchase these houses. We believe in the diffusion of private property of this kind.

As far as I know, one of the real reasons why people are reluctant to purchase urban or corporation houses is the fear in regard to maintenance in future years. Members will realise the high cost of repair and improvement in these times. It is nice to know there are State grants and local authority grants available for this purpose. We desire that loans be made available to help people to purchase such property. We think it is very wrong as matters stand that local authority loans for repair and improvement of houses are available under the Small Dwellings Acquisition Acts to anyone who is in the process of buying his house, except the householder who is buying his house from a local authority. This is an anomaly that needs to be rectified.

In order to impress on people the necessity of purchasing their houses, corporations and local authorities have devised certain means which I regard as pressure of an unfair kind. One instance is that priority is given for repairs to those who vest their cottages. That obtains in my county and I think obtains in many others as well. There is a certain amount of coercion there inasmuch as if you do not opt for vesting, your cottage will go by default and virtually fall down around you.

People are being forced into vesting today unintentionally. When this vesting is carried out and repairs done, in a short time, further repairs are needed and these people are unable to find the initial money to carry out this work. A cottier or a smallholder of this kind cannot go to a bank as he is not regarded as a good risk. We feel there is only one resort for him, to call on the local authority to make such loans available.

By reason of the indiscriminate vesting of cottages and the inability of people to maintain these cottages in after years, there are scores of cottages locked up all over the country at a time when other people are in dire need of them. Many of these cottages are coming on the property market and falling into the wrong hands. As Deputy Desmond pointed out, big farmers' sons and professional people are among the categories gaining possession of council cottages to which they are not entitled by law. These cottages were built primarily for the relief of the working classes and some of the categories we know to be living in council cottages would not be approved by the local authority nowadays. These are some of the problems we seek to rectify in this Bill and we ask the House to give it serious consideration.

Many more council and corporation houses would be purchased if people were given a loan they could avail of to purchase a house, in the first instance, and to repair it in after years. Fear in regard to maintenance is one of the primary reasons why people are not purchasing such houses. The Minister has been generous by way of State grants and local authority grants for the repair and maintenance of houses. Without these grants, many of the streets in our cities and towns would be virtually derelict sites. This is money very well spent. It has been availed of wisely by our people and has brought a good appearance to hundreds of homes throughout our land and made for the comfort and happiness of the people therein. We now ask the Minister to make it possible for the purchaser of a local authority house to have these facilities so that the benefits he has conferred on the private landlord will be conferred on the private tenant as well.

I do not know exactly what the attitude of the Minister will be to this Bill. As regards the question of loans, I believe the tenants of vested cottages should have the same rights and facilities in applying for the loans as other sections of the community, but I cannot see that should ever arise. In County Limerick, if we vest cottages in our tenants, we ensure they are in good repair. There may be some instances where what we describe as a vested repair has not met the requirements of the tenants concerned. They may be very exacting tenants—I do not know—but we have always given this great protection that they have the right to appeal to the Minister for Local Government. If a tenant is vested and the repairs are not up to the standard demanded, the tenant may make an appeal within a month.

Where we vest a cottage in a tenant in County Limerick against the wishes of that tenant, we notify him he has the right of appeal within a month to the Minister for Local Government who will send down one of his housing inspectors. In all cases that have arisen, the appeal was sustained and the housing inspector from the Department was satisfied that extra repairs should be carried out and in all cases they were carried out. That does away with the validity and the force of the point made by the proposer of the Bill as regards the necessity for loans. Where repairs are carried out to a labourer's cottage, they should cover a period of at least ten years, that is, if they are done properly. That safeguard is there to ensure they are done properly and are up to the standard of first-class workmanship.

Another point made by Deputy Desmond is that if a vested cottage comes on the market and there is living in the area a married man who comes within the definition of an agricultural worker in a rural area, he has not the wherewithal to purchase the cottage. In Limerick, we had a test case which was sent to the High Court and it was decided that we had the power to buy back the cottages. We have already bought back such cottages in County Limerick that were offered for sale by the vested tenants. We have met the requirements of the cases Deputy Desmond has outlined. We, in Limerick, decided that we should not interfere with the rights of free sale and we regard the vested tenants as having the same rights as small or large farmers. We give them the right of free sale.

Would the local authority not have to approve of the purchaser?

Oh, yes. The purchaser should be qualified within the terms of the Agricultural Labourers Acts. If we get a case of a person working or living in an urban area, we would be very cautious in accepting him. It is possible to buy back a cottage in any county in Ireland if it is offered for sale. Of course, if the seller can get a better price from a person qualified and in need of a house, he can sell it and the local authority comes in only where the person concerned fails to dispose of the property.

I should imagine that Deputy Desmond's Bill should have gone a little further. I have had a special interest in labourers' cottages all through the years and I may say that the loans would not be needed if in the first instance, the property were kept in repair. That should meet the position. I do not know the views of the Minister on this matter but, when the legislation which he has promised comes in, these points and some others should be covered. I do not know that Deputy Desmond has any great cause for complaint, notwithstanding the keen and honest interest he has in this matter. As far as our cottiers are concerned, there has been no cause of complaint up to the present.

I oppose the Bill. I do not think there is any need for the enactment of this legislation at the present time. Cottages are repaired and adequately repaired before they are vested and that is adequate for the moment. If we decide to give the people loans and commit ourselves further, I think it is the thin edge of the wedge to remove from local authorities any control over these cottages at all. Initially, they were built out of public funds and vested in the tenants and it is only fair and right to prevent racketeering, to stop it where there is any danger of its cropping up.

I appreciate Deputy Desmond's point that sometimes it is difficult for the vested tenant to find the wherewithal to carry out the repairs but a Bill of this kind is not the best remedy for the problem. I should be prepared to await the vesting legislation promised by the Minister under which the situation will be better met.

We all know of these vested cottages in urban and rural areas and I notice that from time to time people whom I would not hold to be qualified seem to get possession of them. It would lead to extensions of that abuse if this Bill were to go through. I think it is a premature Bill and I would rather leave the matter over until the Minister has had time to examine the matter fully and see that the rights of the rate-payers are adequately protected and that there is no further expansion of the rights of vested tenants in these cottages. It could well lead to pressure to have open dealing in these houses.

(South Tipperary): I agree with Deputy Jones in regard to the first part of the Bill relating to loans to bridge the gap between the double grant and the reconstruction grant. That loan would be recoverable in full as regards principal and interest. The second part, that which relates to giving loans to prospective purchasers of vested cottages, raises a more difficult question. If we give a loan to people to purchase these houses, it will be a temptation to vest and while vesting may be a desirable thing, it has its own difficulties.

One difficulty arises where the cottages are closed when the people emigrate. The cottages are left there unused. That is one of the obvious disadvantages of vesting. There are difficulties as regards the purchasing of these cottages and our manager has advised us against it. We could not see the sense of spending the council's money in bringing a cottage up to a certain standard of repair and then buying it back again. You also have to ensure that when a person's cottage has been bought, that person will not become a charge on the rates within a few months of purchase of the cottage. That applies whether the county council purchases the cottages or whether a private individual in receipt of a loan purchases a cottage.

The second point we will have to see to is as to whether the prospective purchaser is a genuine tenant in the spirit of the Bill, that he is what we can describe as an agricultural labourer. If these two points could be cleared up and if precautions could be taken in these two regards there would be less objection to the second part of the Bill.

Does the Minister not propose to give us any indication of his view? He can be terribly silent if he wants to be.

What about the Deputy?

We have plenty of Deputies. It is the Minister who is being paid.

The voice is not good tonight.

The Minister wants to carry it over—is that it?

It could be. We would like to hear the Fine Gael slant on it.

You have heard it already from Deputy Jones.

We have heard it contradicted by Deputy Hogan.

We have not.

Well, practically.

Certainly not.

I am afraid so.

I am quite certain we have not.

The Bill presented by the Labour Party will require numerous amendments if it is to remedy all the defects that are now very evident in regard to local authority housing. Deputy Desmond dealt with a number of them. I wonder if the Bill is sufficiently specific to allow them to be dealt with.

In the first place there is the question of repairs prior to vesting. There have been very many complaints about this matter. There is also the case of owners who wish to repair their cottages and to obtain loans for that purpose in addition to the grants to cover, as Deputy Desmond says, the balance that has to be met. The grants are given and the estimate is made on the reports of the Department's inspectors. These inspectors are changed very frequently with the result that an inspector who has been working mainly in the rural area may come into a city or urban area to inspect and he may fail to take notice of the fact that in the suburbs of towns and cities within the jurisdiction of the housing authority there are trade union regulations that have to be met. Very often, the inspector bases his calculation on the system obtaining in the rural area and the person who wants to repair a cottage cannot go ahead because of the financial commitment he would have to meet. That is a problem that has to be met. It is one that has come to notice very frequently.

As regards compulsory vesting of council cottages the problem is that defects in repairs do not reveal themselves within one month, which is the time for appeal, and neither the council nor the Department has any method of dealing with it. The time limit in that respect should be extended. In regard to the building of houses, generally, there is a period which very often extends to six months before approval is given. In the case of repairs to council cottages the period of one month should be extended to at least three months. If appeal could be made within three months, there would be some chance of dealing with defects that presented themselves after the repairs had been carried out. That is another problem that should be tackled.

As Deputy Desmond mentioned, there is the question of grants and supplementary grants. In respect of loans and grants the income limits have been raised in recent years but have remained static for supplementary grants. Cases of hardship have come to my notice frequently where people got a certain amount of overtime on a particular job in order to have it completed in a specified time, which they would not normally earn and would not earn again for a great number of years but, on account of having received that overtime payment for a short time, are deprived under the council's regulations of the supplementary grant. That is a matter to be dealt with also when we are dealing with the question of housing. Normally, the housing regulations would be coming up for review about this time. Over a year and a half ago the Minister promised that this problem would be dealt with in a comprehensive way.

Deputy Collins referred to the question of the council having the option to buy back cottages in a particular area. There might be a tenant who needed a cottage and who was unable from his own resources to purchase, even though he was a qualified person. It is suggested that the council could recover these cottages for the purpose of housing qualified tenants.

While there are many good features in the Bill, there are conflicting provisions in certain respects. Sections 2 and 3 are somewhat in conflict and the Bill is not sufficiently clear or specific to deal with the problems which members of local authorities have to face daily.

The general desire to get people to own their own houses is very laudable. Every encouragement should be given to workers to own their own houses and an acre of ground, just as a small farmer works his land as best he can in the knowledge that it is his own. We have another problem, of course.

How to make this last until 10.30 p.m.

In the purchase of these houses, the manager or the local authority would have to specify qualifications. That presents the difficulty very often that people who work for hire in a rural area may be defined in various ways. For example, you may have a man——

With red hair.

——within a city or urban area, who has a milk round. He is taking around milk, and so on.

He may desire to purchase a cottage. Such cases have come to my notice on more than one occasion. It is a question of whether he is working for hire in the rural area in a manner which would qualify him for a labourer's cottage.

Debate adjourned.
The Dáil adjourned at 10.30 p.m. until 10.30 a.m. on Thursday, 22nd February, 1962.
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