Seanad Éireann debate -
Thursday, 27 Oct 2022

Vol. 289 No. 9

Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022: Second Stage

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

Minister of State at the Department of Housing, Local Government and Heritage (Deputy Malcolm Noonan)

I am grateful to the Cathaoirleach and all the Senators for facilitating debates on this urgent legislation in Seanad Éireann this week. I also thank the members of the Oireachtas Joint Committee on Housing, Local Government and Heritage for providing the necessary waiver of pre-legislative scrutiny and the Chief Whip for enabling the Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022 to be read a Second Time today. I also acknowledge my colleagues in Dáil Éireann for quickly passing the Bill yesterday.

I am asking Seanad Éireann to pass the Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022 today to enable its early enactment to make emergency provision to defer the termination dates of certain residential tenancies that fall or would fall during the period beginning on the date after the enactment of this Bill, and ending on 31 March 2023, in order to mitigate the risk that persons whose tenancies would otherwise be terminated during that period will be unable to obtain alternative accommodation, and to provide for phased arrangements to enable tenancies affected to be terminated over the period from 1 April to 18 June 2023 to assist in managing demands on housing services as a result of such deferred termination.

This Bill is urgently required to help those facing the very real threat of homelessness this winter. The number of people entering homeless emergency accommodation has been increasing since the start of this year. There have also been increases in the number of notices of termination from private rental accommodation during this period. The Department and local authorities have taken a number of steps to deal with the situation but given the extraordinary situation and ongoing increases in the numbers of people accessing emergency accommodation, additional emergency measures are now required.

The Bill provides for deferment of certain tenancy terminations taking effect over the coming winter emergency period due to the ongoing, acute supply constraints in the residential rental sector and the expected increase in homelessness presentations over the coming period. The Bill seeks to reduce the burden on homelessness services and pressure on tenants and the residential tenancies market during the winter months.

The Government recognises that although a landlord's constitutional protected property right to terminate a tenancy will be constrained by this Bill, it is necessary to take this step to achieve an urgent social objective of preventing tenants being made homeless or having to source alternative accommodation in an extremely constrained market during the coming winter months.

To ensure the response is proportionate the measures in this Bill are limited to the winter of 2022-23, will impact only in respect of certain tenancies and are calibrated to apply as fairly as possible. In proposing the termination pause, the Government is balancing the competing priorities of preventing people falling into homelessness, while recognising the need to fairly stem the continued exit of small-scale landlords from the private rental sector.

I recognise the key role that landlords play in providing vital accommodation in our State and I completely reject any political rhetoric demonising them. The Government is conscious of the need to ensure that small-scale landlords remain in the private rental market. With this in mind, as part of the review of Housing for All which the Government will publish shortly, the Minister, Deputy Darragh O'Brien, has proposed to commission a comprehensive review of the private rental sector after significant regulatory changes over the past several years and will act on its recommendations as soon as practical.

Our housing system needs a safe and secure framework for both landlords and tenants.

I am also conscious that, if passed, this Bill provides a window of time for my Department, local authorities, approved housing bodies and NGOs to progress delivery under Housing for All to remove the need for this emergency legislation. The Government is taking significant steps to address the supply constraints in the housing market and to deliver homes for rent and purchase, including social, affordable and cost rental housing. However, there are a number of factors, including the increasing numbers of people experiencing homelessness, increased demand for accommodation resulting from the Ukrainian crisis and significant inward migration, which are combining to create significant difficulties in the provision of emergency accommodation, particularly so over the coming months. This is placing additional pressure on homelessness services as we enter the winter period, when capacity constraints are extremely tight for emergency accommodation and housing providers generally. Let me reassure Senators that the Government and I, and my Department officials, as well as relevant stakeholders, are doing everything within our power to mitigate the pressures that people will face this winter.

For those tenants who are struggling to meet their obligations to pay rent, in particular due to loss of employment, there are supports available to help. This can include the provision of rent supplement and the use of additional needs payments, or both, from the Department of Social Protection to address the person's particular needs. Under the supplementary welfare allowance scheme, the Department of Social Protection can make additional needs payments to help to meet expenses that a person cannot pay from their weekly income. This is an overarching term used to refer to exceptional and urgent needs payments.

I turn to the emergency provisions contained in this Bill. It is important at the outset to note the exceptions from its provisions. These exceptions are provided in recognition of constitutionally protected property rights and the need to balance the rights of the tenant with those of the landlord. The deferral of notices of termination from taking effect during the winter will not apply where there is a failure by the tenant to comply with his or her obligations under the tenancy. The core rights of a landlord to protect his or her property and to secure a rental income will not be limited in any way by this Bill. Landlords’ obligations to their tenants and to third parties, such as neighbours, do not change under this Bill.

In the time available, I would like to outline the specific provisions of the Bill, which contains five sections. Sections 1 and 5 contain standard provisions dealing with the interpretation, Short Title and collective citation of the Bill. The "winter emergency period" is defined to mean the period commencing on the day after the enactment of this Bill and ending on 31 March 2023. Section 2 provides for the deferral of a notice of termination where it has been served by a landlord on or before the date of the passing of the Act, which specifies a termination date that falls during the winter emergency period, or where a dispute in relation to the termination of a tenancy is referred to the Residential Tenancies Board under Part 6 of the Residential Tenancies Act 2004 and a determination order issued in relation to the dispute specifies a termination date that falls during the winter emergency period.

In terms of the exceptions, as I have alluded to, the deferral does not apply to a notice of termination where the termination is grounded on the tenant’s failure to meet his or her obligations under section 16 of the Act of 2004. It also does not apply where the landlord states in the notice of termination that the reason for the termination is on the ground of a breach of tenant obligations, other than to pay rent; a breach of a tenant’s obligation to pay rent; or the fact that the accommodation no longer suits the tenant’s accommodation needs having regard to the number of bed spaces and the size of the household. I note that some concerns have been raised about continuing to allow a landlord to terminate a tenancy during the winter on foot of overcrowding. I note that a number of Senators have submitted amendments on this issue and we can debate them fully on Committee Stage. Overcrowding can be serious and a landlord needs the legal right to act to prevent it. It is rarely used, with less than 2% of all notices of termination referred under it. In reality only such a small number of notices of termination already issued will be impacted by this exception during the winter emergency period but it is important in instances of clear health and safety or fire risks.

Section 2 of the Bill sets out, in a table, how the deferment of relevant tenancy terminations will operate. As can be seen, the deferment dates operate in a staggered fashion beyond the winter period to ensure that there is no cliff edge at the end of the period, which would put an unmanageable pressure on the private rental market and homelessness services. Section 3 of the Bill provides that, where a tenant is not in breach of his or her obligations, any notice of termination served by a landlord in respect of a tenancy of less than six months duration during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023. Section 4 of the Bill provides for the interoperability of the Bill with the Residential Tenancies Act 2020, introduced to deal with the Covid pandemic. If a stay on tenancy terminations comes into effect under that Act, in the event of peoples’ movements being restricted on public health grounds to within 5 km of their home under section 31A of the health regulations made by the Minister for Health, the revised termination date that applies to affected tenancies in an area under the Act would apply if it is later than the relevant deferred termination date under this Bill. The Bill also provides that a tenant shall not accrue security of tenure rights under Part 4 of the Act of 2004 by virtue of the operation of the deferred, or later, termination dates required under this Bill.

The Bill is framed in a proportionate and fair manner in its limitation of landlord’s constitutionally protected property rights. As legislators, we have shown throughout the pandemic how we can work together to quickly help tenants. I think we can all appreciate and recognise the sentiment behind this Bill.

Senator Mary Fitzpatrick

I thank the Minister of State and the Government for bringing forward this legislation to ban no-fault evictions during the winter months of November until March. Is there an issue, a Chathaoirleach?

Senator Eileen Flynn

That was done to me yesterday as well. It is extremely rude.

Senator Mary Fitzpatrick

Is there an issue?

An Cathaoirleach

There was a question as to the running order but I was trying to explain without interrupting that it is the Government, then the Opposition and then the Government again.

Senator Mary Fitzpatrick

Is everybody in agreement? I do not mind waiting to speak. I thank the Minister of State and the Government for bringing forward this ban on residential no-fault evictions during the winter months of November until March. As we start this debate, it is important that we all stop for a moment and take stock of the context of this legislation. The context is that we have almost 11,000 people in emergency homeless accommodation of some form or another. On top of that, more than 50,000 Ukrainians have arrived in our country and at least 45,000 of them are in some form of emergency temporary accommodation; they are not in what they would consider to be their homes. In addition to that, between direct provision and international protection roughly another 10,000 people are in emergency accommodation. When anybody is watching this debate, they need to keep it in mind that we are talking about a sizeable portion of people in our population who do not have a permanent home. That is the first thing I would say to them.

Second, I would say to them that it is important that they know that we get it. We understand how much it undermines them to be in temporary or emergency accommodation or in any form of insecurity in what passes for their homes. The Government gets it too and it has committed €20 billion to deliver more than 30,000 homes over the next four years. That is important and it is starting to deliver. I am talking to people every day who are getting notices to quit. It is incredibly unnerving and destabilising for them. It undermines their ability to go to work, school and college and to get on with their lives. We wholeheartedly welcome and support the legislation on that basis.

There is no escaping the reality that there is a shortage of supply of adequate housing out there. That is a consequence of ten years of supply being below what was required but the efforts that are being made to increase supply are significant. It is also important to recognise that there are financial supports in place. For example, €1 billion per year is being spent on the rental accommodation and housing assistance payment schemes. There was also a decision to mandate local authorities that where a rental property is being sold with a tenant in situ, it should buy that property to keep the tenant in the property and ensure they do not enter homelessness. That is a practical and pragmatic measure. From the perspective of the city council it was introduced a number of years ago, but it has been rolled out to all local authorities. After this debate I would like the Minister of State to go to the local authorities and re-emphasise that message to them. I am hearing anecdotally from some of my local authority colleagues around the country that not all local authorities are embracing that measure. Some local authorities are not taking it on.

The reality for local authorities and the State is that if you put a family into a family hub for a year, the financial cost, which is only one element of the cost, is €70,000.

It is such an inadequate form of housing for a family. It is an unnecessary cost. If the local authority buys the house with the tenant in situ we can avoid the financial cost and the emotional and psychological damage done in that instance.

I hope the legislation is passed today and speedily enacted so it can come into effect and provide protection until next April at least. I support the staggered phasing-in of notices to quit. It gives some time to increase the housing stock but not enough. Local authorities say the biggest part of the delay in housing is planning. To deliver from concept to keys being handed to tenants in a new social housing development takes, they say, four years. They say they build into that a year for planning and that, where there are objections, it adds another three to four years. When this is passed, we need to tell people to remember the context of this and that these are human lives and homes we are trying to protect for people and to stop objecting unnecessarily or on a whim.

I appreciate this is a direct impingement on landlords' private property rights. They are citizens of our State and are entitled to have their rights defended. However, this is an emergency situation, as I outlined. All of the State's resources are being used, including finance and land, to address the housing crisis and to not impinge on their private property rights. The Minister of State and Government have mandated the housing commission to bring forward proposals on a right to housing in the referendum. I would appreciate if he would update the House on the progress made. The commission had a public consultation and we expect a report on that. Until we as a State decide to insert the right to housing in our Constitution, there will always be this debate and this pushback. The right to an adequate and secure home is a basic human right and should be enshrined in our Constitution.

Senator Victor Boyhan

I welcome the Minister of State to the House. We are dealing with Second Stage but all Stages of the Bill are being pushed through the House. While I am supportive of the Bill, this is not the way to do business. I accept these are unprecedented times and this is an emergency but I want the message to go back that it is not the way we should process legislation. I will support it but I wanted to make that important point.

We have 19 amendments, none of them mine. They will be debated and I thank the Senators who tabled them. That is parliamentary democracy. It is important we have an opportunity to engage for those who wish to do so. I understand the pressures and that the Dáil and Seanad are scheduled to go into recess for a week today. We are all cognisant of that.

We all know there is pressure on homeless services, limited supply in the rental market and heightened anxiety and worry regarding tenants and tenancies. While this is a temporary measure, it seeks to protect renters facing homelessness by deferring any no-fault tenancy terminations from taking place this winter. It is not a long time. This legislation provides for temporary conditions of stay on tenancy terminations this winter. The Minister of State set all that out and I will not rehash it. The Bill will defer no-fault tenancy terminations due to occur during the coming winter months, taking effect until or after 31 March 2023.

The Oireachtas committee on housing, of which I and my colleagues to my right, Senators Cummins and Fitzpatrick, are members, agreed to waive pre-legislative scrutiny. That is an important point. My colleague on the left from the Labour Party, Senator Moynihan, is also on that committee. It is important to note the committee made a strong recommendation that where a notice to quit is issued the relevant local authority be informed, as well as the RTB. The rationale for that is to ensure local authorities are informed in tandem with the RTB and that would keep councils informed of potential homelessness and homeless risks. It is an important synergy that the local authority is kept up to speed. It is involved and the housing authority as well. That is an important recommendation.

The legislation will cover the licensing of tenancies in student-specific accommodation, which is an important point, and student tenancies in the general rental market. That is a critical aspect of the Bill and one I welcome.

While the emergency measures in the Bill are necessary and will provide short-term assistance, it may need to be reviewed. We have to bear that in mind in our debate on the issue. We may learn in this process and things may come to light. It is important that Government has an open policy as to the potential of extending the provision at some point. The long-term answer, as the Minister of State and I know and everyone in this Chamber knows, is a rapid increase in the supply of new housing in all shapes and forms. This is where the collective political focus on the delivery of housing construction and targets must remain. That is where our focus across these Houses must remain in a collaborative way to get more houses through all sources of supply. That is important.

I support the Bill and look forward to the debate on the amendments before the House.

Senator John Cummins

I thank the Minister of State for being with us, and his colleagues, the Minister, Deputy Darragh O'Brien, and the Minister of State, Deputy Peter Burke, for the speedy passage of this legislation through both Houses of the Oireachtas this week.

This emergency Bill seeks to defer the termination dates of certain residential tenancies that fall or would fall during the period beginning on the day after the enactment of the Bill and ending on 31 March next year. Its aim is to reduce the level of homelessness that will occur during the winter months as a result of a lack of emergency accommodation and-or alternative accommodation in the private rental sector. In proposing this termination pause, the Government seeks to balance the rights of property owners with the common good. That is why the measure is time-bound. While some will say this Bill does not go far enough, we always have to try to thread the needle when introducing housing legislation between measures that will have a positive impact for one cohort against possible unintended consequences on the other side.

It is important in that context to say the deferral of notices of termination from taking effect during this winter will not apply where there is a failure on the tenant's behalf to comply with his or her obligations under the tenancy, such as non-payment of rent, criminality or antisocial behaviour. That said, Government is clearly of the belief that this emergency measure is needed at this time to prevent tenants being made homeless or having to source alternative accommodation in what is unquestionably a constrained market during the upcoming winter.

The number of people entering emergency accommodation has been increasing since the start of this year, due in no small part to the increases in notice of termination from private rental accommodation. There are many reasons why that has occurred and we teased out many of them with the Irish Property Owners Association, IPOA, and the Institute of Professional Auctioneers and Valuers, IPAV, at a recent joint Oireachtas committee hearing. The first is rising property values, which have taken many properties out of negative equity. They also cited the complexity of the RTB process and a tax system that does not encourage them to stay in, rising interest rates, the fact that landlords have been demonised by many in the media and Opposition over a prolonged period, and the reality that some parties, like Sinn Féin, are calling for policies such as a rental freeze and a requirement that properties no longer be reclaimed for personal or family use, or to sell on the open market.

Senator Fintan Warfield

Blaming Sinn Féin for the housing crisis is incredible.

Senator John Cummins

I did not interrupt anyone.

Senator Fintan Warfield

I have not contributed yet.

Senator John Cummins

I did not interrupt anyone. It is important to say that what I am saying is not my view, but what was stated at the joint Oireachtas committee and I made the preface of that remark in my speech. I would appreciate if I was not interrupted. The Senator should go back to the transcript from the joint Oireachtas committee and read what was said.

These are all factors that impact on the supply of rental properties. I have concerns, notwithstanding the intent of this legislation, that these measures could have a negative effect on the other side with more private landlords leaving the market if they are not followed with measures to encourage more landlords to remain in the rental market.

The Minister of State mentioned the comprehensive review that will be undertaken by the Minister. It is very important that the review is fast-tracked and measures are implemented on this side of 31 March.

As the Minister of State has said, this Bill gives some breathing space but is not a solution. We must actively pursue the acquisition of homes where notices to quit have been issued to housing assistance payment, HAP, tenants. Senator Boyhan referenced a suggestion that was made by Senator Moynihan at our private meeting to notify the local authority in tandem and I think that can happen. Notwithstanding that it does not have to be written in the Bill, there must be a mechanism whereby the RTB can notify a local authority where a HAP tenant has got a notice to quit. I ask that this provision is put in place in tandem with this Bill.

Not all properties will be suitable. One could have a HAP tenant who has a former stake in a marital home. That aspect must be resolved before he or she can be deemed eligible for an allocation. Also a property may be unsuitable because it does not meet the required standards.

An Cathaoirleach

I will give extra time to the Senator due to the interruptions.

Senator John Cummins

I thank the Cathaoirleach. The Department must put in quick underwritten finance to local authorities to allow them to actively pursue the acquisition of properties. The local authorities in Cork and Galway mentioned that they have more than 50 and 36 interested applications. If every local authority acquired 50 properties where notices to quit are in place between now and the end of March then we would go a long way towards resolving some of the issues in this space. We must also ramp up delivery through schemes such as repair and lease, buy and renew and compulsory purchase orders, CPOs.

I feel like I sound like a broken record because I have said umpteen times here and at committee meetings that the Department must put targets in place for local authorities across all of these delivery streams. Targets have not been identified yet and I do not know why there is a resistance to doing so. Local authorities will continue to fail to deliver under those streams unless ambitious targets are put in place. I ask the Minister of State to convey what I have said and consider the measures that we have put forward as Oireachtas Members here and at committee meetings.

Senator Fintan Warfield

Having to listen to Senator Cummins blame Sinn Féin for the housing crisis is absolutely incredible.

Senator John Cummins

The Irish Property Owners Association, IPOA, and the Institute of Professional Auctioneers and Valuers, IPAV, have done so.

Senator Mary Fitzpatrick

There is a point of order there.

An Cathaoirleach

Senator Warfield, without interruption please.

Senator Fintan Warfield

It is sickening to listen to Senator Cummins of Fine Gael blame Sinn Féin for the housing crisis.

Senator John Cummins

On a point of order, please.

Senator Fintan Warfield

Fine Gael has been in government for over a decade. I was 19 years of age when Fine Gael entered Government.

An Cathaoirleach

Senator Warfield, a point of order.

Senator John Cummins

The Senator can go back to the comments that I made. I specifically referenced a meeting by the Oireachtas joint committee with the IPOA and IPAV. I wish to clarify that I did not make these comments but the comments were made by both representative organisations. The Senator can paint this in whatever way he wishes but that is not what was said.

An Cathaoirleach

That is an intervention under Standing Order 13.

Senator Fintan Warfield

Fine Gael gives tax breaks to real estate investment trusts and the biggest landlords in this State yet Members come in here and claim to stand up for small landlords of whom most pay over 50% on rental incomes. So I am not going to listen to either Fine Gael claim to stand up for small landlords or blame Sinn Féin for the housing crisis. Sinn Féin seeks to introduce a ban on evictions precisely because of failures by the Government and Fine Gael.

I was 19 years of age when Fine Gael entered Government. We are still here and this is their crisis. The latest figures for August show that there are 10,800 adults and children in emergency accommodation funded by the Department of Housing, Local Government and Heritage. That is the highest level ever recorded since modern reporting methods were introduced. Sinn Féin has pointed out that the real figure for emergency accommodation is closer to 16,000 when one takes into account the following: 4,500 people trapped in direct provision but have a legal right to stay in this country; the number of rough sleepers; and the number of women and children in Tusla-funded centres who have fled domestic and sexual-based violence.

We are experiencing the worst housing crisis in the history of the State and it has gotten consistently worse since the Minister took up office. The targets are too low and, worse again, the Government has failed to meet its own targets. In 2020, the Government missed its targets by 25% and last year, in 2021, the Government missed its target to provide social and affordable homes by 30%. All of that is the reason so many people are homeless tonight and the reason the number has increased. So, 5,969 social homes should have been built under the targets set but the Government has failed to deliver and not even met its own low targets.

We are now trying to introduce a ban on winter evictions and Sinn Féin supports this Bill. Indeed, we have called for the ban for some months and we also wanted a temporary ban on winter evictions. The fact that a ban is needed is a mark of Government housing failure. A ban on evictions would give tenants some breathing space but will not fix the problem. We need immediate action to increase the supply of social and affordable homes over the next five months, otherwise we will be back in the same place in April.

We need more action on tenants in situ, vacancies and high-quality modular homes. We also need to cut the red tape encountered by councils and approved housing bodies as it reduces delivery. The Government's legislation also needs to be amended to provide protection to tenants whose termination date falls before 1 November. Finally, we need to remove the overcrowding provision and Sinn Féin has tabled amendments alongside other Opposition groups to do just that.

This ban has been opposed by Members of these Houses for a long time. Members of these Houses have been dragged kicking and screaming into a ban on evictions. Housing protests and Raise the Roof have given people around these Houses food for thought. We were told that a ban was unconstitutional but it is not. In fact, a ban is long overdue and we will be supporting the Bill. We hope that our amendments, particularly amendment No. 9, will be accepted. The Government must do a great deal more to ensure that we are not in exactly the same position next year.

Senator Rebecca Moynihan

I thank the Minister of State for addressing the House on this issue.

I welcome the move by the Government to put in place this emergency provision and recognising the big impact that homelessness over the winter period has on people. I wish to take issue with a couple of points. First, the Minister of State has said that there are "constitutionally protected property rights" in terms of terminating a tenancy. There is a "constitutionally protected" right to private property that must be balanced against the common good. For decades, Governments have never been brave enough to take into account the common good aspect.

Senator Fitzpatrick raised the issue of having a constitutional referendum on the right to housing. I commend her, from the Fianna Fáil side of things, for pushing a referendum for a very long time. All official commentary I have heard from both civil servants and the Attorney General is that there is a "constitutionally protected" right to private property so that means one cannot have any balancing rights for tenants. I make no apology for thinking that one cannot terminate a tenancy on the basis of selling because that is the case in most European countries.

That is a matter of tenant rights. If a person is getting into something such as providing people with a home, there are limits placed on that. That should mean a landlord is not allowed to evict on the basis of selling. For too long in Ireland, we have treated the rental market in a casual way. We see it as something people do for a very short time in their 20s when they share a house. The reality is that this affects families and children. That is evidenced by the 3,000 people in homeless accommodation now who were in long-term rental accommodation.

In particular, there are 60,000 households in this country that should not be in the private rental sector. That is the other reason I take issue with what the Minister of State said when he spoke about demonising landlords, and how they are the solution to the housing crisis. They are not the solution to the housing crisis. The State is the solution to the housing crisis. Those households and those children will always be in need of State-supported housing. They should not be there at the whim of the private rental sector, where we see large numbers of people getting out and selling up because they do not want to be landlords. Most people do not want to be landlords because most people look at housing as a home and not as an investment. I make no apology for that. It is not about demonising landlords. What it is doing, however, is standing up for the 20% of people who are living in the private rental sector and who deserve the right to a home as much as somebody who owns it.

I welcome the introduction of the eviction ban. We have proposed a number of amendments to try to improve it, particularly with regard to overcrowding. I received notice today that one of my amendments had been ruled out of order, namely amendment No. 5, which is related to the tenant in situ scheme. The reason given was that it would impose a cost on the Exchequer, which it will not. It is simply asking that when a tenancy is terminated, the RTB is notified, which is a very reasonable thing to do. We have had this in place since July. In this case, it says that when a tenancy is notified, the local authority should be notified. It allows the local authorities to plan the tenant in situ scheme. Too many of us have been in situations where we have been contacted by somebody who has maybe one month to go on his or her tenancy, and the local authority only hears of it after that person has been looking for a couple of months and is not able to get access to accommodation. We really need to scale up the tenant in situ scheme because we need to be taking those rental tenancies back into the State.

The State spent €853 million in 2021 on HAP tenancies. We are spending, on average, €1,900 per month on HAP tenancies. They should be in the State sector and not at the whim of the private rental sector and the laws we have around it. As I said, those 60,000 people should not be in the private rental sector. The answer to homelessness and the housing crisis is not small landlords. It is providing people with a safe and secure home, be that through promoting homeownership, State-supported housing, social housing, cost-rental housing or good security of tenure for renters. That is the key to solving the housing crisis. There is a fundamental difference between an investment and a home. Until that penetrates our brains, we will keep making the same mistakes again and again. A home is not an investment. There is a fundamental difference in how people should be treated and the rights they should have. People who are using it for safety, security and shelter should have more rights than people's right to make money.

An Cathaoirleach

The reason amendment No. 5 was ruled out of order was not because of the practicalities of informing the local authorities, which is obviously of no cost to the Exchequer; it is simply an email. It was with regard to requiring the RTB to value the properties, which is not something it is able to do.

Senator Rebecca Moynihan

That is not what the amendment does.

An Cathaoirleach

I am just telling the Senator-----

Senator Rebecca Moynihan

It said it would be served on it.

An Cathaoirleach

That is why-----

Senator Rebecca Moynihan

It is a very restrictive interpretation of the Standing Orders.

An Cathaoirleach

I will be clear on this because the Senator brought it up and we are not on Committee Stage. She was asking in the amendment that the RTB would start valuing properties. That is not something it does and that would be a serious charge on the Exchequer.

Senator Rebecca Moynihan

It would not. It is existing law that a notice of termination is served to the RTB.

An Cathaoirleach

We can get into it on Committee Stage. The Senator was asking the amendment for the RTB to take on a function it currently does not have.

Senator Rebecca Moynihan

No, I was not. Can the Cathaoirleach point out where it says that?

Senator Victor Boyhan

The Cathaoirleach can exercise his discretion.

An Cathaoirleach

I call Senator Flynn.

Senator Eileen Flynn

I welcome the Minister of State to the House this morning. It is important that we have a debate around the eviction ban. We mention vulnerable groups, but we are leaving a very important group of people behind, and probably the most vulnerable when it comes to accommodation, that is, the Traveller community within our society. When this Bill reaches Committee Stage, I will have big questions about why amendments Nos. 3, 16 and 17, which impact on Travellers, were ruled out of order. I will say not right now that it is discrimination. The Minister of State will come back to me on Committee Stage and let me know the reason. However, it better be a goddamn good answer for our community as to why these three amendments were ruled out of order today.

It is important that we have these discussions. I welcome the eviction bans 150%, of course. It is important that no community gets left behind, however. We talk about refugees and people living in direct provision. Unfortunately, the State is looking for them to pay rent for something it created 22 years ago. There is no harm in us discussing it today.

To reiterate, I would like a very detailed explanation of why the amendments were ruled out of order. It is not for me, however. I live in good accommodation. It is for my community. Deputy Bríd Smith's amendments in 2020 were accepted. They are just a little bit different from mine; the wording is slightly different. I want an answer for the Traveller community as to why they are not being accepted today.

Senator Vincent P. Martin

It is always a pleasure to welcome the Minister of State, Deputy Noonan, to the Chamber. He is doing towering work in his own specific portfolio of responsibility. That is for another day, however. I would just like to commend him on that. He is here standing in to discuss a most pressing emergency. Previous speakers said that it is urgent and an emergency. In an emergency, normal rules do not apply. It is unprecedented. Yes, property rights are enshrined in the Constitution but they are not absolute rights.

I note, for instance, that this amending legislation is time-specific to 31 March 2023. That is more about striking a balance. In my humble opinion, if it were permanent, it would have crossed the line of what we have to deal with. I refer to Bunreacht na hÉireann as it stands at present. If it were silent and no date were given, I would be worried that this would have crossed the line and been repugnant to the Constitution. I am in no doubt that under the advice of the Attorney General, this has been thought out very carefully. There have been challenges in the past, some of which have been successful in the vindication of property rights. In the hierarchy of rights, however, the right to a home trumps property rights, as is made explicitly clear in the Constitution.

Then there is more of a balance in that there are exceptions. Section 16 of the principal Act, for instance, states the obligations on tenants. In other words, this does not affect the rights of third parties who can, from time to time, find their families turned upside down by the landlord not taking appropriate and reasonable steps to reduce and eliminate antisocial behaviour. The innocent third party, that is, the neighbour, is at the brunt end of that. I am glad to see that survives this emergency legislation. Like so many in the Chamber, I have a track record in politics. I make no apologies for it.

My track record is very sympathetic towards tenants. As a founder of New Beginning in 2010, I saw at first hand the carnage and how it turned families upside down when there was no personal insolvency legislation in this country. Yet, now we have one of the best personal insolvency regimes in Europe. At the time, people were worried about how it would affect property rights, but now banks are forced to accept write-downs. While the Constitution must be respected, I am glad to see that it is not disproportionately stymying the legislator today. What we have here is a reasonable approach to an extreme emergency. I say that as someone who has a rental property. Perhaps I am not considered objective, given my record on this issue and what I have said in the past, but our sympathies must go to tenants in an emergency. This has been supported by jurisprudence over many years. A judgment by Mr. Justice Gerard Hogan speaks of the overriding position of the home as a place of repose. People go home and expect a bit of peace, comfort and safety in the four walls of their own home. I am glad that this Government has put tenants first. I would like this legislation to go further, and I am sure others would, but it cannot go further under the current constitutional provisions. My party supports the right to housing. That sounds great, but what does it mean? We have to drill down into it and tease it out to make sure that it protects security of tenure and tenants. I see more balance and common sense in this amending legislation, which provides that Part 4 rights are not accrued during the deferral period. That is the point. It is a deferral and a postponement; it is not permanent. Otherwise, we would be in uncharted constitutional danger. I would love this legislation to have gone much further, but I am satisfied that it cannot.

I commend the Opposition. I have read the Dáil debates and they have been largely very constructive. It is not a political issue. Families are receiving notices of termination. There are two similarities with Covid in respect of this emergency. One is the financial pain it visits on families and the other is the uncertainty. We are not sure when this is going to end. We have a time-specific date. I will be happy to come back to the Chamber, review that and extend it, if necessary, next March to protect our tenants.

Minister of State at the Department of Housing, Local Government and Heritage (Deputy Malcolm Noonan)

I welcome the students to the Chamber today. I do not know what school they are from. First, I thank Senators for their contributions. I know we will get to debate some of the issues raised on Committee Stage. I am confident that the House will be able to agree and pass Second Stage today. I echo the comments of Senator Martin in thanking the Opposition, in particular, for being so constructive in the debate generally.

I would like to turn to some of the points raised. In response to Senator Fitzpatrick, I can say that the Minister for Housing, Local Government and Heritage is absolutely committed to issuing a circular to local authorities on the issue of purchasing houses.

I recognise the points made right across the House from both sides around the private property rights of landlords, to which I alluded in my speech. They are an essential part of our housing infrastructure, and it is important that their rights are protected as well. We are trying to strike a balance. I think that point was made by Senators Boyhan and Cummins.

The Minister is reviewing the private rental market and has committed to acting on that comprehensive review, which will take place in a timely manner. The point made about the targets for local authorities around all delivery streams is an important one about which I will speak to the Minister.

I disagree fundamentally with Senator Warfield's point. The Minister and his officials are working very hard and are making significant progress. They are dealing with a succession of crises not of this Government's making. I think it is important to note that.

The points raised by Senator Moynihan, on the constitutional rights versus the common good, have been noted. I believe an update on the referendum is due shortly. My understanding is that the wording is being progressed currently.

I will respond to Senator Flynn's point on the Traveller community. It is clear from looking at some of the general trends with Traveller accommodation that many Travellers are opting for mainstream accommodation, for example in private rental or through HAP or RAS. Certainly, the Minister of State, Deputy Peter Burke, has made significant ground in ensuring local authorities are spending their budgetary allocations. There was an historic failure of local authorities to spend budgetary allocations for Traveller-specific accommodation. The Minister of State is making significant progress in relation to that.

I note the comment made by Senator Martin that this Bill is about a reasonable approach to an extreme emergency.

The Government's efforts through Housing for All to deliver supply at scale over the coming months aim to counter the need for longer application of these enhanced tenancy protections. The Government is acting now, in line with the advice of the Attorney General, to protect and balance the rights of both tenants and landlords. Housing for All is underpinned by unprecedented levels of investment, with annual Exchequer funding standing at an average of €4 billion a year for the next five years. Budget 2023 provides €4.5 billion. This Government commitment provides the construction industry with the certainty and the stability it needs to build housing that the country needs.

While global and external challenges have emerged since Housing for All was published, the Government remains focused on achieving its targets. As committed to last year at its launch, the Government will review and update the actions in Housing for All. The updated actions will be contained in the next quarterly report to be published in the autumn. This will allow the Government to respond to the challenges facing the sector and to redouble its efforts in prioritising measures to activate and accelerate the delivery of housing supply. The Housing for All plan is working. Central Statistics Office, CSO, figures for quarter 2 of this year record the highest number of completed homes in any quarter since the CSO series began in 2011. This year the Government's target is delivery of 24,600 homes. In the year to the end of June, just under 25,000 new homes were completed. Commencements over the last 12 months to the end of September stood at 27,417. These figures give confidence that the Government's 2022 overall supply target of 24,600 homes is expected to be exceeded, with the Central Bank forecasting 25,000 completions this year, and some commentators forecasting up to 28,000 completions this year. The Minister has made a number of announcements aimed at stimulating and securing as much supply as possible in the coming months. The Minister has made it clear to local authorities that where there is a risk of tenants being evicted into homelessness as a result of a landlord selling the home, the local authority will be supported by the Department to purchase the home should it be appropriate. I reiterate the point that if a reminder needs to be sent out to local authorities, the Minister will do so.

Local authorities have been encouraged to be as proactive as possible in the return of vacant properties to use through the use of the voids funding programme, as well as the buy and renew and repair and lease schemes. They have taken on board the point around targets for that. Local authorities have been asked to prioritise additional tenancy supports and prevention measures in their homelessness expenditure programmes. Additional financial support is being made available where needed. In proposing the temporary pause on certain tenancy terminations taking effect, the Government is balancing the competing priorities of preventing people from falling into homelessness while recognising the need to fairly stem the continued exit of small-scale landlords from the private rental sector. The Government is proposing a number of exceptions to the winter emergency period provisions to ensure the core rights of the landlord to protect his or her property and to secure a rental income will not be limited in any way by this Bill. As has been said, we need to retain the landlord's right to deal with antisocial behaviour and any other breaches of tenancy obligations. We need to maintain a viable rental market and retain the landlord's ability to deal with issues such as overcrowding, which may pose a fire hazard or other health and safety risk to tenants.

Given the exit of landlords from the sector, the Minister proposes to include a new measure in the review of Housing for All to be considered by Government shortly, and to conduct a review of the residential rental sector by the end of the second quarter of 2023. Subject to any final terms of reference, the review will examine the current acute supply constraints within the residential sector, with a view to identifying what measures are required to ensure the long-term sustainability of the sector, ensuring efficient, affordable supply and making it a viable and attractive tenure of choice.

A report on policy considerations will be made ahead of budget 2024. In addition, consideration will be given to any relevant recommendations from the commission on housing, which is due to report by July next year.

The provisions of this Bill have been carefully framed to maximise their benefit to those considered most vulnerable and to balance the legal rights of tenants and landlords. I thank the Members of the House for facilitating the swift passage of this Bill to ensure protections are in place for tenants at such short notice. The Minister, Deputy O’Brien, and I look forward to the debate on Committee Stage.

Question put and agreed to.

An Leas-Chathaoirleach

When is it proposed to take Committee Stage?

Senator Mary Fitzpatrick

Now.

An Leas-Chathaoirleach

Is that agreed? Agreed. Before I move on, it is my great pleasure to welcome three family friends, members of the nursing profession originally from the Philippines, Elizabeth and her two friends, who are in the Gallery. They do tremendous work on the front line of the health service in St. James's Hospital here in Dublin. It is a great honour to have them in the Gallery. They are very welcome.