Vol. 504 No. 2
38 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to introduce legislation on the question of security of tenure; the discussions, if any, he has had with the Department of the Environment and Local Government on this; and if he will make a statement on the matter. [11510/99]
The Deputy will appreciate that certain protections concerning security of tenure already exist within the landlord and tenant code and these protections are consistent with the need to balance the rights of individual parties under the Constitution. The issues are the subject of ongoing discussions between my Department and the Department of the Environment and Local Government.
In recent times, the issue of security of tenure must be seen against the background of general developments in the housing market. The second Bacon report, entitled The Housing Market: An Economic Review and Assessment, recommended that landlord and tenant legislation be reviewed to address possible barriers to investment in the private rented sector and the issue of an appropriate balance of rights between landlords and tenants. In response to the report, the Government announced on 9 March 1999 that it had decided, in principle, to establish a commission to examine issues relating to the security of tenure in the private rented sector. The arrangements for the establishment of the commission are being examined by the Department of the Environment and Local Government.
Given the Government decision on the commission, I am of the view that the introduction of legislation at this time would be unwise. The proposals for legislative changes which emerge from the commission will be a matter for consideration in due course.
Does the Minister accept his reply is of little comfort to tenants facing eviction, those who have been evicted and those facing huge rent increases? Does he accept all Members, particularly those who represent urban constituencies, are faced with a crisis? His reply does not acknowledge the urgency of the matter. Is this a constitutional problem? Will the Minister outline his understanding of the constitutional problem? Is he aware that Threshold has stated there is no constitutional impediment?
There would be no court cases if lawyers did not differ in their opinions. The Deputy asked if it was time for a constitutional referendum. I will have to await the outcome of the commission's work before saying there could be a less drastic solution than a constitutional referendum regarding tenure.
This is a difficult and complex area. The right to private property is enshrined in the Constitution and there have been various interpretations of what that means. I would prefer to await the commission's report. There is a difficulty regarding tenure.
I welcome the fact that the Minister has set up the commission. This is a difficult issue which Ministers from different parties have failed to resolve because of the difficulties outlined by the Minister.
The Deputy should ask a question.
Will the commission be put under pressure to provide answers in the interests of people, particularly the elderly, who have no security of tenure? This is an important issue and it would be a good day's work for the Departments of Justice, Equality and Law Reform and the Environment and Local Government if they could resolve this issue as soon as possible.
The Government intends to address this important matter. There is ongoing liaison between my Department and the Department of the Environment and Local Government concerning landlord and tenant issues, including the important issue of security of tenure raised by Deputy Gormley. A range of matters impact on the private rented sector, many of which are rooted in recent developments in the housing market. In its response to the Bacon report, the Government indicated that it is prepared to take the initiatives needed to address existing problems. The policy response to problems in the private rented sector must come from a variety of sources and draw various strands together. The commission is ideally placed to do this.
Why are we experiencing such a delay on this important issue? The Department took a long time to publish a report on security of tenure after the Mespil House episode. The Minister is now talking about a commission.
The Deputy should ask a question.
How long will it take for the commission to report? Does the Minister accept this is more than a difficulty – it is a crisis? People are suffering but the Minister does not seem to recognise that this is a crisis. Will he confirm it is a crisis?
I have indicated my serious concern on this matter to the Deputy on a number of occasions. The Department of the Environment and Local Government has responsibility for housing and has indicated that consideration is being given to the membership, terms of reference and appropriate timescale for the commission to report.
How long?
The Deputy will have to put that question to the Minister for the Environment and Local Government, Deputy Dempsey.
Is the Minister telling the House he has ruled out legislation in this area, despite the fact that Members on both sides have appealed to him to take action?
I have not ruled it out. I said we are trying to determine if there can be a less drastic solution than a referendum. If there can, it would be the preferred course and would require legislation.
Written Answers follow Adjournment Debate.
