Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 15 Jun 1978

Vol. 307 No. 8

Local Government (Financial Provisions) Bill, 1977: Second Stage (Resumed) .

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

(Cavan-Monaghan): This Bill gives legal effect to the 25 per cent remission of rates granted by the National Coalition Government for the year 1977 in respect of private houses. It also gives effect to the proposal of the present Government to derate private houses, certain types of community halls, secondary schools and ancillary buildings and farm buildings which were erected before 1959. It also purports to contain effective machinery which the Minister says will pass on the relief of tenanted private residential accommodation to the tenants. It also contains machinery which will enable the Minister to limit the estimates and expenditure of local authorities in any given year. Those are broadly the purported objects of the Bill.

Before we adjourned I had dealt for some time with the Bill in so far as it purports to pass on the rate of relief granted by the Bill to tenants of dwellings. I said then, and I want to repeat it now, that in my opinion the machinery in the Bill for passing on this relief is entirely inadequate, ineffective, unworkable and will not ensure that the tenant gets the benefit of the rates relief granted. That is very important. Flat dwellers in Dublin city and throughout the country and tenants of private houses have many complaints to make in regard to their tenancies and to their rights as tenants.

Because I do not think I would be in order in seeking to extend the scope of the discussion by referring to the whole area of landlord and tenant law, I propose to deal with only one of those complaints, I wish to direct my remarks to the fact that the Bill does not contain effective machinery for passing on the rate relief to tenants of flats and other private rented accommodation both in the city and throughout the country. That is a fatal defect of the Bill. The Fianna Fáil manifesto which has now become a book of reference in the House pledged Fianna Fáil to ensuring that tenants would be relieved of the rate content of their rent. This Bill does not do that. Indeed, it would be very difficult to put such relief into effect but obviously this is another example of a manifesto that was put together with an eye to getting votes in the last general election rather than to doing the job it purported to set out to do.

In this State there are about 300,000 tenants of rented accommodation, taking entire dwelling-houses and flats. According to the best estimate I can get the cost to the taxpayer of derating those dwellings in the current year is £8.5 million. In other words, whether by borrowing or by way of taxation, the taxpayer will have to find that amount and in the event of borrowing the debt would have to be serviced. Such estimates as I can get would indicate so far that the relief in respect of rates has not been passed on to the tenants for whom it was intended. This means that the best part of £8 million will be added this year to the income of landlords rather than making rented accommodation cheaper for tenants. The provision in this regard is not workable because all a landlord need do to find a way round the legislation is to terminate a tenancy and fix a new rent. I concede that such a move would not work where a flat or a dwelling-house was a controlled dwelling but the figures I have indicate that only about 5 per cent of rented dwellings are controlled dwellings. If I am wrong on any of these counts I am sure the Minister will contradict me when he is replying but so far as I can ascertain the landlord can find a way of charging whatever rent he can negotiate with a tenant.

According to the information I have, and which I have no reason to doubt, at least 80 per cent of flats are let on a weekly basis and practically all of them are the subject of a weekly or a monthly rent. In these circumstances there is nothing to prevent a landlord terminating a tenancy and demanding a new rent and there is nothing whatever that will protect the tenancy being created from now on. I refer to the situation in Dublin city although a similar situation prevails in every provincial town in the country.

: And sometimes with greater abuse.

(Cavan-Monaghan): The day of the digs has gone. We are now living in the day of the flat. One only has to read the advertisement columns in the newspapers, particularly the evening papers, to realise the number of tenancies that are created and in the event of new tenancies there is nothing to prevent a landlord from charging the highest rent he can agree on with the tenant. In these circumstances the Minister must be reasonable so far as the taking of the Committee Stage is concerned, notwithstanding the fact that we are approaching the end of a session. There is no point in putting through the House a Bill which is faulty and which would be merely a piece of window-dressing that would enable a Minister to say that the relevant part of the manifesto had been implemented, while we know that the provision would not be workable. We shall do our best to put down the amendments we consider necessary in the event of the Minister failing to do so. We must ensure that tenants are protected in so far as the relief is concerned. It is not my intention to enter into a discussion on what is a fair or a just rent. I concede that landlords must have a reasonable return if they are to provide rented accommodation but the rent to the tenant must also be fair. However, that is not what is involved here. What is involved is that every tenant of a flat in Dublin city—I am taking that area because the figure I have relates to this city—is entitled to an allowance of about £30 per year in lieu of the abolition of rates. But the tenants are not getting this concession.

: And never will.

(Cavan-Monaghan): Consequently, for the six months of the year that have elapsed so far these tenants are entitled to an allowance of £15, taking the average yearly allowance at £30. My information is that about 95 per cent of the tenants concerned have not received as much as a penny by way of allowance and this Bill will not ensure that they will receive what they are entitled to. That is why I am asking the Minister to examine, between now and Committee Stage, the points I have put forward. If I am wrong he can tell me. He can tell us how the tenants can compel the payment to be made. In many cases they will have to compel the landlord through the courts.

There is very elaborate machinery in sections of this Bill to work out in pounds and pence the amount tenant occupiers are entitled to. It is beyond me to work it out, but I am sure if I had a few lessons in the method I would be able to do so. I am sure there are many people who have mathematical minds who could work it out. If I had it worked out it is not worth anything to me, because I know the amount the manifesto says I should get, but how will I get it?

How will I compel the landlord to pay it? I cannot because he may pay it for one week, two weeks or three weeks until he terminates the tenancy and either gets me out or, having served me notice to quit, negotiates a new rent and if I want to stay on I will have to pay it. How will a new tenant coming into this type of accommodation get the benefit of this Bill? He cannot because all he knows is that a dwelling-house or a flat is to be rented and the landlord wants £x for it. If that is the going rent he will have to pay it if the accommodation suits him and he wants to get it. That is a fatal flaw in this Bill which renders it absolutely useless. I hope other speakers will take up this point, that the Minister will listen to us and that we will have his views when he is replying.

There is another very objectionable aspect of this Bill. It completely erodes the authority of local authorities. It takes away the power they have. A section in the Bill says that the Minister shall be entitled by an order to limit the estimates of any local authority for a given year and that by order he shall be entitled to lay down the amount of the estimates for the year and of the rate to be struck. He is not concerned with the rate. He is really concerned with the amount of grant he will have to pay to each local authority to compensate them for the rates relief this Bill gives. The Minister for the Environment might be expected to have a kindly interest in local authorities. He is given power to limit expenditure. When we talk about limiting expenditure we should not forget that he cannot limit expenditure without limiting services, without limiting the amount of money available for arts in rural Ireland, which we discussed at Question Time, the bin collection services, house repairs, the library services, the attention that will be given to burial places and the provision of burial places, the maintenance of county roads, as distinct from national primary roads, and without limiting a host of services provided by local authorities at the moment having regard to the demand for them.

The Minister for the Environment will not alone be given the right to limit this expenditure and limit those services but he will do it under the direction of his colleague, the Minister for Finance. The only thing the Minister for Finance will take into consideration is how he can cut back the national expenditure, how he can cut back his budget. He will not be concerned with the access roads to bogs or with the lanes and boreens leading to private houses in rural Ireland. I believe that local authorities have always acted prudently. The only fault Ministers had to find with them was that they were not striking a high enough rate. Some of them were abolished because the Minister of the day, usually in a Fianna Fáil Government, thought they were striking an inadequate rate. The local councils will still be collecting about 33? per cent of their revenue from ratepayers.

Debate adjourned.
Top
Share