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Dáil Éireann debate -
Tuesday, 18 Jun 1968

Vol. 235 No. 8

Committee on Finance. - Adjournment Debate: Rented Accommodation.

The matter which I wish to raise concerns a circular letter, H. 5/67 from the Department of Local Government, dated 14th April, 1967, received by Dublin Corporation and I assume by other similarly situated local authorities throughout the country. This circular sets out a number of facts and regulations concerning methods whereby local authorities are subsidised in the provision of housing accommodation. It deals particularly with the position affecting sub-tenants of existing local authority houses, that is, people in this city who live in corporation houses and who are not tenants. There is a very large population of such sub-tenants in this city. In fact, wherever you look and see a corporation scheme, you can be sure that, in a great many of the houses you are looking at, more than one family resides due to the great housing needs which exist in the city and to the impossibility of obtaining accommodation which has resulted, as we know, from the inactivity of various authorities in recent years, thus creating the present housing problem.

Now, some years ago, it appeared that the Department of Local Government and Dublin Corporation were concerned with the problems which might arise wherein the sub-letting of corporation houses would be done in a manner that sub-letting was not necessary, that demand was not created by reason of the housing shortage and that there might be a certain amount of exploitation of sub-tenants. Efforts were made some several years ago to control the degree of this particular kind of sub-letting. The situation, as it was then looked at, was entirely different from the one which now exists.

The ordinary tenant of a Dublin Corporation house does not wish to have a sub-tenant in his house. In almost all cases where sub-tenancies exist, the position is that we find the original tenant and his family being forced, by reason of lack of accommodation elsewhere, to make room available for one of his children, or children-in-law, and for their family which, in turn, creates gross overcrowding in literally hundreds, if not indeed, in fact, thousands of cases.

I think the number of sub-tenants Dublin Corporation has listed as sub-tenants of this kind is somewhere between 2,000 and 2,500. One would imagine the principal housing authority—the Minister for Local Government and the Department of Local Government—would take all possible steps to ease this situation. One would imagine they would impose no penalties upon the tenants of corporation houses for taking in their own kith and kin, their own flesh and blood, literally off the streets, and giving them a room or some sort of accommodation. This is not the case.

In the circular letter to which I have referred, it is stated, in paragraph 102, page 2:

The Minister will be prepared to allow a similar concession for persons rehoused from local authority houses—

—the Minister is speaking of housing subsidy—

—on any of the statutory grounds for higher subsidy—

—being usually grounds set out in respect of families rehoused under the Housing of the Working Classes Acts which provide for preference to be given to people coming from tenements, condemned houses and overcrowded conditions—

—who are at the date of this circular letter sub-tenants or lodgers living in overcrowded conditions or for whom an agreement between the tenant and the housing authority is completed within six months from that date. Licensed sub-tenants or lodgers whose occupation started after that date will normally be considered for higher subsidy on statutory grounds only after the expiration of three years from the date of the permission.

Now, this is the whole nub of the matter I want to air this evening. I want to ask the Minister to look at and to rectify it because it creates a grave injustice. First of all, the reference to licensed sub-tenants has no reality. The City Manager of Dublin has informed the members of the corporation that his interpretation of this circular is that any family such as I have described which has gone into a corporation house in the capacity of sub-tenant will not be regarded as eligible for consideration for rehousing, either in a flat or in a house — say, a Ballymun flat or a Coolock house—unless they are licensed.

The first mention I heard of this question of licences was about two months ago. I am a member of Dublin Corporation and a member of the Housing Committee. I never miss a meeting of the Housing Committee or of the corporation. The first mention I heard about this question of licences was about two months ago. How, then, can it be expected that ordinary citizens, who have not the close contact I have, should know that this question of licences ever arose? The City Manager says any person who did not apply for a licence to become a sub-tenant and who was not accorded written permission since 1st July, 1967, will not be acceptable, according to this circular, as a housing applicant for whom the maximum subsidy will be payable by the Department to the corporation.

In consequence, such families— there is a very large number of them— are discriminated against to the extent that, if they took up residence as sub-tenants in their parents' house, they may not be considered for rehousing in new dwellings until three years have passed. As there are no dwellings of any kind other than new dwellings becoming available, and these in limited number, it can be seen that such people are in a most unfortunate and difficult position and, indeed, in a position which must be quickly attended to and rectified.

This is a somewhat technical question and I am certain the implications of it are not easily to be grasped by ordinary citizens who are not familiar with the tortuous mass of red tape and legislation which attends and surrounds the whole question of housing of the working classes in Dublin city and throughout the country. It is one of which members of local authorities will be aware. Every dwelling built by Dublin Corporation is in theory subsidised by the State to the extent of two-thirds of a certain amount of the cost. By virtue of this circular, the Minister says: "If you house anybody as a sub-tenant since last July. we will not give you the usual two-thirds but one-third." As a result of that, the City Manager says: "We cannot put you into new houses but into houses which have been formerly occupied if we are to get the full benefit."

This is unjust. I will give a few instances of the injustice of it. Without mentioning names, I will mention two cases out of scores which I have in this book in front of me, a book which contains a complete record of the thousands I interview every Sunday of my life in an area well known to the Minister and to anybody who has heard me talking in this House. This is a fact. Before me I have the book about Ballyfermot. It contains at page 193— with an average of ten houses to a page over a period of 18 months—a considerable number of cases all within the one district. Here are two cases which are hit by this regulation. On Landen Road is the case of a sub-tenant family, a man, his wife and one child living as sub-tenants in a corporation house with their in-laws. There are 13 people in four rooms. The circular letter says that these people, because of the fact that they took up occupation of the house in November last without any knowledge of the need for applying for a licence or anything of that nature, may not be considered for a house by the corporation until three years have elapsed.

On the other hand, at Fatima Mansions, not in my electoral area at all, there is a family, a man, his wife and two children who came back from England after having been there for some time. They have been in a flat in Fatima Mansions since September. There are 19 people in three rooms here. This family is one of four. Were it not for this regulation, they would before now have been offered a flat at Ballymun but because of this circular letter, they are been denied this facility which they so earnestly desire.

In raising this matter on the Adjournment, I want to ask the Minister to brush this red tape aside because it seems to me the letter and the whole idea of it puts across a misconception of the housing situation in Dublin. The housing situation is such that we cannot tolerate this kind of niggling regulation which interferes with the desire of the housing authority to provide accommodation for the people. I have had difficulty in trying to put into simple terms here what this circular letter means and I am certain I have not succeeded in doing it. Everybody listening to me here is not clear as to what I am at.

What chance has the ordinary person who is suffering in overcrowded conditions such as I have described, people living on top of one another, from 13 in four rooms to 19 in three rooms of understanding this position which has been brought about by the emanation from the Minister's Department of this circular? It is a gross injustice to expect them to understand because they are suffering. I could repeat these cases in scores. There are many such cases in Ballyfermot and throughout the rest of the city and in every working class area. I do not know if the Minister is too familiar with this circular but I do say to him that there is on him an obligation to get rid of it and to say so to the corporation. The City Manager has been anxious to interpret the terms of the letter in as liberal a fashion as possible but he and the officials are caught by the threat of reduced subsidy if the circular is ignored.

At a later stage in the month, there will be a deputation coming to see the Minister from the Housing Committee of Dublin Corporation to discuss this and other matters. I am discussing it tonight because it is of pressing urgency. It is not something which can wait till the end of the month for discussion and then be referred back to the Department for further discussion or upon which a decision can be taken in a month's time. It is something which needs rectification now and it is something the Minister can settle easily now.

I should like to remind the Deputy that he is coming to the end of his 20 minutes.

It is unfortunate that Standing Orders do not permit me to deal more fully with this. There are other cases which I should like to bring before the Minister but I wish to give him the gist of what I am talking about and to ask him to take immediate steps to remedy it.

I think it is fairly obvious that Deputy S. Dunne is not familiar with this whole matter. If he were, he would understand that prior to April, 1967, it was not, in fact, legal for any corporation tenant to have a sub-tenant. The letting arrangement provided specifically that any sub-letting was illegal so that the new arrangements which I made in April, 1967, were, in fact, a concession to the benefit of sub-tenants and from that date on, subsidy at the higher rate was, in fact, allowed for rehousing of sub-tenants whose occupancy had started after 31st January, 1952.

The previous regulations were to the effect that this was illegal and therefore the higher rate of subsidy was not payable. The regulations made in 1967 changed that position and the result was that cases of sub-tenants who were housed from corporation houses where the sub-tenancy was created prior to 1st July, 1967, were eligible for the higher rate of subsidy just the same as any other person who was being rehoused. The new regulations provided that sub-tenancies created after 1st July, 1967, should be authorised by the local authority and I think anybody will agree that was a very reasonable requirement to insert in the regulations because the local authority are rightly held to be responsible for the management of their housing estates and it is only reasonable they should be required to take steps to see their housing estates do not develop into new slums.

It is all right for Deputy Dunne to say that people cannot be expected to know the regulations, but it is the duty of housing authorities to ensure that their tenants know what the regulations are. It is merely a question of getting the authority of Dublin Corporation to sublet. I do not know what we can do about people like Deputy Dunne who are members of Dublin housing authority and of Dublin Corporation who come here to say that it is only within the past two months that he heard of these regulations, though they were passed by the Housing Committee and by the City Council.

The report was dealt with by the Housing Committee, to which it was submitted. It was noted by them and went to the City Council.

More than a year ago.

Possibly.

Before the last election.

In April, 1967.

It was implemented until two months ago and that is how it came to the attention of the members.

The position is that there is the clause to the effect that newly-created sub-tenants would not be eligible for rehousing inside a space of three years. Deputy Dunne has sufficient experience to appreciate that there have been cases in which this facility has been used in the past to jump the queue and that therefore there have been people using corporation houses merely as accommodation addresses in order to apply and to try to qualify for houses and indeed also to get over their residence regulation laid down by the corporation. I think Deputy Dunne is also aware that this requirement can be waived in cases of hardship. He is also aware, I think, that while the higher rate of subsidy is only payable in certain cases, at the same time it is the duty of the housing authority to consider every application for rehousing on its merits irrespective of whether the application comes from a corporation house or any other place.

The new regulations, which applied from 1st July, 1967, were a considerable concession and they contained the minimum safeguards to ensure that the housing estates which have been provided at such great expense by the corporation should be reasonably well managed. However, I wish to make it quite clear that there is no reason whatever why any of the hardship cases mentioned by Deputy Dunne should not be dealt with on the same basis of that of any family in similar conditions. In fact, it is the duty of the housing authority to consider these cases purely and simply from the point of view of the need for housing accommodation.

That refers to the housing manager, the housing authority being the housing manager.

These cases should be taken into account purely and simply on the basis of need of the family and in accordance with the priorities laid down, but the question as to whether the family are residing in a corporation house or in any other house is not a factor that should be taken into account in regard to the allocation of a new house. What I want to stress is that far from narrowing the scope of the categories in respect of which higher subsidies are paid, the concession made as a result of the reception by me of a deputation in March, 1967, widens the scope of these categories considerably. Prior to this, a higher housing subsidy could not be paid except for the case of sub-tenants in occupation before 1st January, 1952 and this new concession lets in all the others up to 1st July, 1967 and all those who have been authorised since that time.

Is the Minister saying that the lower subsidy was paid in respect of all the thousands between 1952 and 1967?

In respect of all sub-tenants of corporation houses between 1952 and 1967.

The lower subsidy?

Yes, from July, 1967 in respect of any sub-tenancy created before then, the higher subsidy was payable. I want to make it clear also that there is no reason, no justification for any discrimination against sub-tenants. The priorities for the letting of houses which the corporation have recently drawn up does not make any discrimination. The corporation are required statutorily to allocate on the basis of the degree of need. If Deputy Dunne thinks there is discrimination against sub-tenants in the allocation of tenancies, he should raise this with the corporation who administer the scheme, because there is not any justification for it.

I have raised it several times.

The particular cases he mentioned should be considered on their merits and, as I have said, even the requirement that there should be three years residence can be waived in cases of a new hardship. I think that is a reasonable condition to put in so as to try to guard against abuse of this privilege and to ensure that only genuine cases would be dealt with and would qualify for the higher subsidy. It must be remembered that the more spent on a continuing subsidy on existing houses, the less is available for new houses. The most urgent thing we have to do is to get as many new houses as possible built as speedily as possible. That is all I need to say about it.

As Deputy Dunne knows, I have agreed to receive a corporation deputation to deal with some things which are worrying them with regard to housing, and if there is something which is not quite clear about this matter, I will be pleased to discuss it with the deputation when they come. I am quite in agreement with Deputy Dunne that there is still a serious housing problem in the Dublin area, but I also think he should agree with me that there is a considerable effort being made to provide as many houses as possible in the Dublin area. It would be hard to see how it would be possible to build at a more rapid rate than at present. Anybody who has any real interest in this problem will appreciate that the worst possible thing we could attempt to do would be to go at a rate higher than the economy of the country can sustain because it is only from the earnings of the community as a whole that the money to provide houses can be obtained and it is an unfortunate fact that, much as we should all like to solve the housing situation overnight, it just is not possible to deal with it in that way. Houses can only be built on sites which have been obtained either compulsorily or by agreement. Both processes take considerable time and all the other operations have to be gone through. All of this takes both time and money.

The total output of houses, both private and local authority, in 1967-68 was 5,502, which is three times that achieved ten years ago and more than twice the level of six years ago. It shows that a considerable effort is being made, that considerable inroads on the housing problem are being made. I agree there is no room for complacency, that we must continue to make an all-out effort, and it is only by the building of a maximum number of new houses that we can really remedy the things that are worrying Deputy Dunne and every other public representative in the Dublin area.

I appreciate the urgency of the matter and that it is largely through necessity that sub-tenancies are created in corporation houses, but there is also the possibility of what we all know happened before happening again— that this concession could be utilised by people to jump the queue of really genuine deserving cases. That has to be guarded against but the regulations in that respect are not absolutely rigid. They can be waived in cases of hardship and my opinion is that the present position in this respect is as satisfactory as we can get it. As I have said, I am prepared to discuss it with the deputation which I shall be receiving from the corporation in the near future.

The Dáil adjourned at 10.25 p.m. until 3 p.m. on Wednesday, 19th June, 1968.

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