Vol. 1030 No. 4
1. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will provide an update on the establishment of a redress scheme for homeowners and tenants living in buildings with fire safety and other building defects. [60043/22]
This morning in the Irish Examiner, we have learned of yet another Celtic tiger era complex with fire safety defects. Phoenix Park Racecourse is the location of at least 550 fire-defective apartments. Last Thursday, “Prime Time” carried a special report regarding fire safety defects in Parkwest, as the Minister knows, which will cost homeowners €68,000 each to rectify. The Saturday preceding that, the Not Our Fault 100% Redress campaign group, which represents homeowners affected by Celtic tiger era defects, along with the Construction Defects Alliance and the Apartment Owners Network, held a conference at which families from Hunterswood in Tallaght raised their case. Can the Minister give us an update on when these struggling homeowners and tenants will get the redress they rightly deserve?
I thank the Deputy for raising this very important issue. I fully acknowledge the difficulties that owners and residents of many apartments and duplexes are facing and the stress caused by these defects in their homes. We are committed, as a Government, to supporting such homeowners. That commitment was included in the programme for Government and, from that, as the Deputy will know, I established a working group to examine defects in housing in February 2021. It reported at the end of July, I published the report and I know the Deputy and the Oireachtas joint committee have that report. I brought the report to Government in September and I have established an interdepartmental and agency group with a view to bringing forward specific proposals to Government by the end of this year. In addition, an advisory group has been established to develop a code of practice, in particular in the area of the Fire Services Acts, to provide guidance to relevant professionals, including guidance on interim safety measures that we will need to take. This advisory group is due to have its inaugural meeting later this month.
As the work progresses, I am committed to continuing to liaise with key stakeholders, such as the Construction Defects Alliance, the Apartment Owners Network and other homeowner representatives, and the insurance sector, representatives of which I met with last week to discuss this issue. We are engaging with the Housing Agency for the provision of advice in regard to implementation of the recommendations of the report.
I confirm that the Government will provide support to homeowners who find themselves in this terrible situation, this very difficult financial situation, through no fault of their own. As I said, the options in this regard will be considered by the Government in advance of the recess in the coming weeks. We will need to bring in legislation also, and I will come back to the Deputy by way of a supplementary with further advice on that.
At the Not Our Fault 100% Redress conference held in Tallaght a number of weeks ago, the question that all of the affected homeowners had was when these supports would be provided. They made it very clear they wanted, and I support their demand for, 100% redress because, as the Minister rightly said, they did not cause these defects. They made a very clear call for retrospective provision because there are homeowners who have to undertake fire safety works right now under instruction from the Dublin Fire Brigade, if not from their insurance providers. They also stressed the need for emergency measures now, particularly for those families living in unsafe apartments.
The Minister has been in government for two years. There is a programme for Government commitment and the report has been published. The concern many have is that even if a decision is taken by the Cabinet in December, it has taken more than a year to get the enhanced defective blocks scheme. These families cannot wait a year to a year and a half, so what reassurance can the Minister give them that a scheme will be speedily introduced early next year, notwithstanding the need for legislation, and when will a decision on emergency measures be taken?
We are looking at interim measures because there are a number of apartment complexes and multi-unit developments that have very specific issues now. One of the reasons I met representatives of the insurance sector last week was to see what interim measures we can take. I am not going to delay on that. However, what I need to do, as the Deputy appreciates, is bring the recommendations to Cabinet, and that will be done before the recess. I intend at that stage to brief residents, and certainly to brief Opposition spokespeople, on that.
The Deputy used the phrase “notwithstanding the need for legislation”, but we do need legislation.
Absolutely.
This scheme is going to be with us for a number of years, unfortunately. The work that is being carried out is very important. Some 28,000 different homes have participated in that survey so we now have the best handle on the scale and type of defects that exist.
We will not delay. I thank the residents who have continued to engage with us in a very constructive way. The Government will help these homeowners. I have stated that it is a nettle we need to grasp, and we will do so. We will be looking at retrospection as well, because I am acutely aware that approximately 14% of households have already remediated their homes. I will keep all Deputies present fully apprised of the position.
I fully accept the need for legislation, although I still believe that the Pyrite Resolution Board could be repurposed. It could start its work pending the enactment of the new legislation, and then be underpinned by that. I urge the Minister to consider that.
Yesterday was the first anniversary of the announcement of the enhanced defective block scheme. The regulations for that scheme are still not complete and the scheme is not yet open. It is highly likely that even if it opens in the first quarter of next year, families will not access funds from it until the middle or end of next year. There could be a two-year gap between announcement and drawdown. The families in these properties do not have time to wait that long. When will a decision be made on interim or emergency measures? I accept and welcome that the Minister is considering such measures, but when does he expect to make a decision? How early next year does he expect the wider remediation scheme to be up and running?
I say the following to be helpful. The Deputy is of the view that we could use first the pyrite remediation scheme and the Act that underpins it. That would not be the way forward. From discussing the matter with residents and, in particular, the Construction Defects Alliance, I know that is not their view. We will need bespoke legislation. That does not mean we will not bring in interim measures to help, particularly in the context of fire safety. I am aware of the need in that regard.
I participated in the "Prime Time" programme. I watched it and saw the testimonies of residents. We will help them. Deputies across the House have been very constructive on this issue, which affects approximately 100,000 homes. I want to make those homes right and help people get their lives back on track. As regards when this will happen, I expect us to be able to give sight early next year of the type of interim measures I anticipate. I expect to bring a memorandum and recommendations to Cabinet on or about 13 December. As stated, I will keep all Deputies with an interest in this matter fully apprised of progress. We will be working on this matter as we move forward. We do not need the legislation to do everything, but we need it to underpin a robust scheme that will be with us for several years to come.
2. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the emergency measures he is introducing during the winter ban on evictions to avoid a significant increase in homelessness when the ban ends on 1 April 2023. [60044/22]
As the Minister is aware, many of us on this side of the House welcomed the introduction of the winter ban on evictions. However, we urged him to use the breathing space provided by the ban to introduce emergency measures to increase and accelerate the provision of additional social and affordable housing during the five-month period when the ban will be in place in order that many renters will not face a cliff edge of possible eviction when the ban ends. I appreciate that the Minister has staggered the dates to some extent, from April, May and June, but that cliff edge is fast approaching. I ask him to outline the additional measures he intends to take to avoid it.
As the Deputy will be aware, the aim of the emergency winter eviction ban is to afford time for housing supply to increase and to reduce the burden on homelessness services and the pressure on tenants and the residential tenancies market. To assist in managing demands on housing services after the winter period and to ensure there is no cliff edge, as referred to by the Deputy, on 1 April, the ban provides for deferred notices of termination to take effect on a phased basis from 1 April to 18 June 2023.
As a further emergency measure, I have written to local authority chief executives, informing them again of my decision to continue the delegated sanction to purchase homes where a tenant is at risk of homelessness for the duration of the emergency winter eviction ban and up to the end of the transition period in June 2023, when I will review the matter again. That does not mean those sales need to be concluded; it just means the conveyancing process needs to start. Ultimately, increased supply across all tenures is key to eradicating homelessness.
Housing supply is increasing under Housing for All. There is a strong pipeline, with 44,715 dwellings granted planning permission in the 12 months to the end of June 2022 and nearly 28,000 homes completed in the 12 months to the end of September, greater than the total for all of 2021. There were also more than 26,000 units commenced in the year to October 2022 and we are on track to exceed substantially the target of 24,600 new build homes in 2022, with a substantial number of them being social homes. The record investment we are putting in next year, of €4.5 billion in capital, will continue and allow us to further accelerate the provision of social homes. We will be using this pause to bring forward additional homes. I will meet with the County and City Management Association, CCMA, again later this morning to further reinforce the situation and the Government decision in respect of purchase with tenants in situ.
The way in which the Minister has designed this ban on eviction - it is very different from its predecessor - means there will be a large build-up of notices, the due date of which will fall on 1 April notwithstanding the stagger included by the Minister. I have not heard from him what measures above and beyond those that were in place prior to the ban he is taking to increase that delivery.
With respect to the tenants in situ scheme, I fully accept the Minister has reiterated the delegated responsibility. The problem is that most local authorities are taking decisions on tenants in situ based on their scheme of lettings. That is not appropriate in an emergency. I have written to the Minister on this and urged him to instruct local authorities to suspend the scheme of lettings when making a decision on tenants in situ, and to have a presumption to buy. I have also urged him to provide clarity to local authorities regarding mixed tenure schemes of social and affordable and cost rental, such as at Tathony House. If funding were provided to local authorities in advance in order to allow them to target a small and specific number of vacant properties, that could deliver additional units. I have been urging him to put in place a specific framework agreement for high-quality modular homes. Combined, these measures could create additional homes to meet the needs of those people whose due date will fall in April. Is the Minister considering those types of measures?
To give an update on purchase for tenants in situ, we have more than 700 properties now. The number is increasing every day. I gave a commitment at the select committee last week that we are breaking up those data between homes. We had a target of 200 homes to purchase this year. We have well exceeded that. Most of the number above that is purchased with tenants in situ. I will gladly share that information with Deputies when we have collated it. I have been clear with local authorities and there is no issue whatsoever with funding. That function is now delegated directly to them and we are seeing more homes coming in every day.
As regards modular builds, we will be dealing with that next week in the context of the emergency measures I will be bringing forward in respect of social housing provision, increasing it above our target and focusing very much on modern methods of construction. We will be looking at lands we can bring forward, particularly with the land activation fund I brought forward to remove legacy debt on local authorities should they bring lands forward for use and begin development next year. Those are measures that will further accelerate the delivery of social housing.
With regard to the tenants in situ scheme, the problem is that local authorities are still applying the allocation scheme when taking decisions. That means local authorities are taking decisions not to buy, notwithstanding the numbers mentioned by the Minister. I urge him to issue a circular to local authorities asking them to suspend the scheme of lettings for an emergency period of six months to ensure we get the maximum number of tenants in situ and have a presumption to buy. I invite him to give us more detail on the sets of amendments he is proposing through the planning and development and foreshore (amendment) Bill, on which there have been reports in the media. Obviously, we are keen to see those amendments. My party will certainly support anything that accelerates the delivery of social or affordable homes. Our concern is that, at the end of a Dáil term, significant planning change is being brought in with very little time for scrutiny. Any additional information the Minister can give us on that today or any briefings he can provide to the committee early next week would be appreciated. The sooner we can get sight of those amendments, the better for us all.
As regards the recent media report, published yesterday morning, in respect of us setting aside the environmental assessments, that is totally incorrect. It was an incorrect report. There is no question of us doing that. We are drafting the specific amendment at the moment. I met with the Attorney General last night. As soon as we have that amendment, I will be happy to ensure that Government and Opposition Deputies are briefed. I would like us to be able to bring this forward and, as much as possible, get broad agreement on it because it is about accelerating social housing delivery, particularly through looking at lands that local authorities may have had for some time but are encumbered. The purpose of the fund I have brought forward is that, in effect, we will take that debt on and write it down for the local authority on the basis that it brings forward the delivery of schemes quickly.
I am also looking at measures around how we will manage that process for local authorities. I do not want this to be instead of other social and affordable homes that are coming forward. This is about additionality.
I will give a commitment to Deputies that as soon as the amendment is approved and drafted, we will look at providing a briefing, certainly by early next week. That Bill will come to the Seanad next week. We will give it a little time. I want to bring that amendment forward on Committee Stage in the Seanad, should we have it agreed. I will absolutely ensure that Deputies have sight of that because it will give them an opportunity, hopefully, to get their heads around the amendment we are bringing forward in order that we can get support for it right across the House.
3. Deputy Michael Collins asked the Minister for Housing, Local Government and Heritage his plans for social housing on west Cork islands, such as Bere Island, Dursey Island, Sherkin Island, Whiddy Island, Cape Clear Island and Long Island, over the past number of years and in the years ahead. [60144/22]
Social housing on the islands off the coast of Cork and elsewhere is a major issue. We have great islands in west Cork, namely, Dursey Island, Sherkin Island, Bear Island, Whiddy Island, Cape Clear Island and Long Island. I visit them on a regular basis because they form part of my constituency. One of the issues raised by community and voluntary groups when they meet with me is that there is no social housing for their people, which means they are not returning to the islands. I would appreciate it if the Minister of State would outline the Government's future plans for social housing on the islands.
My Department, under Housing for All, has set social housing targets for all local authorities. Cork County Council has a target delivery of 3,198 units over the period 2022 to 2026. The council's approved housing delivery action plan is published on its website, along with details of social housing needs for each settlement in the county. In 2022, Cork County Council has supported an approved housing body proposal from Carbery Housing Association for the development of six units, five one-bedroom bungalows and one three-bedroom house, and future service provision for three further plots on Sherkin Island. In addition, the council has supported the provision of two turnkey units on Sherkin Island, which are currently in the planning process.
The unique group of islands off the coast of County Cork have a discrete set of requirements due to their geographical location. The island communities, however, have an unparalleled reputation for resourcefulness in surviving daunting physical and economic conditions and have retained, and even developed, their unique cultural identity. The islands are an important part of the culture, heritage, economy and tourism appeal of the county. To reflect the importance of developing the islands, the Cork county development plan contains specific objectives directed at addressing their requirements, including supporting the islands, economic development of the islands, development proposals on the islands and uninhabited islands. Cork County Council has assured our Department that it will continue to monitor the demand for housing on the islands and will examine options for the direct construction of dwellings, if suitable sites become available, as well as seeking expressions of interest for turnkey developments countywide, including on the islands, on an annual basis.
Separately, but related, our Department is working closely with the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media on planning matters in Gaeltacht areas, which, as we know, includes Oileán Chléire. Our aim is to achieve a uniform and consistent approach to planning across the Gaeltacht regions to aid both planning authorities and developers to contribute to the language planning process and to protect the linguistic integrity of the Gaeltacht. I will come back to the Deputy with a supplementary answer on further points.
I thank the Minister of State for outlining the plans for the islands. He mentioned Sherkin Island. I welcome any housing development on Sherkin Island because it is a great and busy place. The arts degree course there brings people back and forth every day, in addition to staying on the island. However, there are other islands, including, as I said, Bear Island, Cape Clear, Whiddy Island, Dursey Island and Long Island, where people are living, but there has not been a social housing programme for many years for any of these islands. From what the Minister of State said, I do not see, unless he has further news, that there will be any big plans for any of those islands. We need plans for the islands in question. New life is needed on them. People want to live on the islands. I visited Bear Island recently. It has many issues relating to the pier and so on, which, it is to be hoped, is an issue the council will address. One matter the islanders raised was housing. People who want to build and stay cannot afford to build and, therefore, social housing should be as easy to access on the islands as it is on the mainland. Why is that not the case?
I reiterate that Cork County Council is the lead authority when it comes to the provision of social housing for County Cork, including the islands. I looked at some of the Central Statistics Office data on population change on the islands. There is quite a wide fluctuation between Bear Island, which has seen a reduction in its population, Long Island, which has experienced an increase, and Sherkin Island, which has had a slight reduction. Quite an interesting dynamic is taking hold. It is important for the local authority to take account of that.
It is also important, if there are opportunities for social housing, to reuse vacant dwellings on the islands that could be repurposed. The local authority should give consideration to that. Certainly, our Department is open to any proposals the local authority brings forward in that regard. There are opportunities the local authority should give consideration to in trying to attract families to live on the islands again.
The Minister of State mentioned a reduction in the population of Bear Island and Sherkin Island. There has probably also been a reduction in population on Whiddy Island. The reason for this is that people do not have anywhere to live. People cannot come to an island if there is nowhere to live. Neither the Government nor the local authority have seen the need that exists. There is such a need. I am dealing with a person who lives on one of the islands. She applied for planning permission on her own family farm and was refused, even after spending €10,000. Imagine a person spending €10,000, an individual who wants to continue to live on the island and is entitled to do so, but being refused planning permission. It is a shocking situation she finds herself in. She cannot get social housing and has been refused planning permission, apparently due to some bit of gorse, even though she sent all these reports in. This person paid for various reports along the way. There are similar situations on Dursey Island, where people cannot access the mainland and have not had fresh food for almost six to eight weeks. We have serious situations. The bottom line is the housing situation is one of the most serious because the future of the islands totally depends on housing, whether it is Bear Island, Dursey Island, Cape Clear, Whiddy Island or Sherkin Island. They need to have a future. There is no future in what the Minister of State said.
I reiterate that opportunities exist. Our Department will support any proposals that come in from the local authority. The west Cork islands integrated development strategy contains objectives for economic regeneration and the opportunity, in particular, to repurpose houses. There is certainly discouragement of building second or other individual homes at some points. There are also other sensitivities around ecology and Natura 2000 sites on the islands. These have to be taken into consideration. There is no doubt, however, that if the local authority submits proposals to get families living on the islands again, it is critically important that these are brought to our Department. The capital moneys are there. There is Croí Cónaithe funding and many other opportunities. From that perspective, the local authority has to be proactive in bringing forward proposals.
My understanding is that the issues relating to the cable car on Dursey Island are being resolved. It is critically important, from a broader perspective, that the Government is supportive of economic, social and environmental development on the islands. It is also important that local authorities are a big part of that process. Our Department will not be found wanting in that regard.
4. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the redress available to tenants who make a complaint to the Residential Tenancies Board, RTB, regarding breaches of their tenancy rights when a breach relates to a tenancy with a landlord who fails to engage with the adjudication process; the action that is being taken to address this issue; and if he will make a statement on the matter. [59970/22]
Earlier this year, during questions, I raised with the Minister of State the problem of the RTB failing to assist tenants in terrible situations, and with some very genuine complaints about landlords, when it cites a lack of proof of a landlord's address as a reason not to take action. The Minister of State promised that if I followed up and sent him details, he would pursue the matter with the RTB. I sent the details but never heard back from the Minister of State on the matter. I ask again will he take action with respect to the RTB failing to act on foot of genuine complaints regarding landlords and its citing of a lack of proof of address to justify its inaction?
The RTB was established as a quasi-judicial, independent statutory body under the Residential Tenancies Acts 2004 to 2022 to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. A dispute may be referred to the RTB under Part 6 of the Residential Tenancies Acts 2004 to 2022. Information is available on www.rtb.ie with regard to the board's dispute resolution service. If a tenant seeks to resolve a tenancy dispute via the RTB's adjudication service, and his or her landlord fails to engage with the process, the independent adjudicator can proceed with a hearing and make a decision based on the evidence before him or her. If the adjudicator finds that the landlord is in breach of his or her obligations, damages may be awarded to a tenant.
Enforcement is an important function of the RTB. When landlords, tenants and third parties access the RTB dispute resolution service through mediation, adjudication or tribunal, they receive a legally binding determination order.
If an order is not complied with, there are two separate options for enforcement. First, a party can request assistance from the RTB to enforce an order at the District Court. Second, a party can take his or her own enforcement case directly to the District Court and the RTB can support the party by compiling case files and proofs for the courts.
The Department and the RTB keep the operation of the rental market and the dispute resolution provisions under the Residential Tenancies Acts 2004-2022 under constant review with a view to enhancing the service and related legal provisions, as may be necessary. I also want to point out that there is an increase of €2 million in the budget for 2023 for the RTB's service. Subsequent to 2019 an additional 41 staff have been appointed to the service to deal with the huge workload it has.
I appreciate the answer outlining what the RTB can do in these situations but the issue is what it is not doing in these situations. I want to raise one specific example with the Minister of State, which was documented by Laoise Neylon in the Dublin Inquirer this week, about a landlord who, at times, has been operating under the fake name of John White. In 2010 the Irish Independent reported that this landlord was jailed for contempt of court for failing to comply with council instructions on fire safety. In July 2013 The Irish Times reported that six people, including a child, were treated for smoke inhalation at one of the houses he rented out. In 2014 the Irish Examiner reported that this landlord was convicted for failing to register tenancies. The landlord's address has been published in The Irish Times, the Irish Independent and the Irish Examiner and in multiple court proceedings and the Garda has recently confirmed that this is still the landlord's address. Yet, the RTB is somehow stating that it cannot pursue this landlord at this point to pay money owed to his former tenants. Incredibly, the RTB claims it does not have proof of his address. What type of proof of address does it need? What will the Minister of State and the Government do about the RTB failing to act in these situations where there is clearly proof of address and where it is still refusing to pursue a landlord for moneys that are owed to tenants?
I cannot comment on specific cases but on the broad policy, the RTB has its budget, which has been increased significantly, and it has staff. It also has a panel of solicitors which it can deal with to support tenants in the District Court. It has almost €1 million of a budget to deal with that specifically and it takes 400 cases in that regard every single year. The law is strong on pursuing landlords and tenants alike on issues of non-compliance. There is also a range of Acts that can enforce fines and that can publish data on various different people. We can talk to the Minister, Deputy Darragh O'Brien, about the Deputy's specific case and follow up on it. We will see if we can highlight that case.
I thank the Minister of State for that answer. That offer was made about 6 months ago and I followed up and wrote to the Minister and I did not get any response on it. There is no point in saying that repeatedly if there will not be a follow up.
I do not want the Minister of State to comment on a specific case but I want him to say if he thinks there is an issue with the RTB failing to act when there are clear and multiple proofs of address and it still will not act. The director of the RTB, Niall Byrne, acknowledged at this week's meeting of the Committee on Housing, Local Government and Heritage that it is not acceptable for the RTB to fail to investigate a complaint when it does not have proof of a landlord's address. Does the Minister of State agree, therefore, that it is not acceptable for it to fail to follow up? Does the Minister of State agree that it is a high threshold for a renter to be able to provide proof of a landlord's address? Most renters do not have access to that information. What will the Minister of State do about this? Why should we be reliant on renters having proof of the landlord's address for the RTB to be able to act?
First, on complying with the law, a landlord is required to register a tenancy within one month of it commencing.
What about when they do not do so?
Second, a landlord is required to register it every year. It is the same for every other organisation that pursues individuals through the courts. The power is there under the Act to follow and pursue individuals for non-compliance. The RTB, like any other body or arm of the State, should be doing that. We will follow up on the Deputy's specific example and I will talk to the Minister about it. The law is strong on the RTB, its budget is significant at €13 million and its staff has increased by 41 since 2019. We have put more legislation on the Statute Book, with five or six potential amendments to the Residential Tenancies Act 2004, to protect renters and tenants and to ensure that they and landlords fulfil their obligations.
