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Rental Sector

Dáil Éireann Debate, Thursday - 3 March 2022

Thursday, 3 March 2022

Questions (125)

Cian O'Callaghan

Question:

125. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the action that he has taken to eliminate the exploitive practice of sex for rent; and if he will make a statement on the matter. [11858/22]

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Oral answers (7 contributions)

I ask the Minister what is being done to address the apparent practice where a very small number of landlords are looking for sex in return for rent. It is an absolutely abhorrent practice which I am sure all of us condemn outright. Is the Minister bringing specific legislation forward to criminalise this or what approach is he taking?

I thank Deputy O’Callaghan for raising this very important issue. At the outset, I completely agree with the Deputy and I condemn in the strongest possible terms this abhorrent behaviour. While we may not be sure of the scale of it, it does occur from time to time and any time it occurs it needs to be condemned and we need to do everything we can to ensure it is stamped out.

In respect of an update on this issue, we are totally committed to preventing and addressing sexual abuse and gender-based violence in all of its forms. I have sought advice from the Attorney General on this specific matter and following receipt of that advice I wrote to my colleague, the Minister for Justice, on 12 January. We are currently considering the matter between the two Departments as to the best legislative vehicle to deal with it. It is a complex area and we need to look at all of the potential elements involved. The current approach to dealing with this issue needs to be carefully considered and my Department and the Department of Justice are working together to bring options forward to myself and to the Minister, Deputy McEntee, about how we will legislate for it. It includes assessing whether changes may be required to residential tenancies legislation or indeed through the introduction of criminal charges, but it may be both. It may be both a justice Bill and amendments to the Residential Tenancies Act.

People attempting to prey on the vulnerability of others seeking accommodation is completely and utterly unacceptable behaviour. All possible avenues towards addressing this will be considered. I will keep the Deputy and House informed specifically. Myself and the Minister, Deputy McEntee, have asked our officials to prioritise this work. I know that if we require legislation, which we will, I will be seeking the co-operation of the House to ensure that any additional changes or amendments to current legislation or new legislation will be brought forward and will be passed in an expeditious manner. That is the current position with this matter.

I thank the Minister for the update on the work that is taking place. The stories are completely heart-breaking. I would not be able to read them to the House and I do not think that I need to, as everyone understands the seriousness of the issue. I am glad that it is being worked on and there is no question but that there need to be changes in the legislation in the residential tenancies sector. If a complaint is made against a landlord and they are found to be doing this they should be struck off as a landlord and should not be able to register with the Residential Tenancies Board, end of story. There should also be criminal charges brought in. Both measures are needed. I urge that a decisions is taken on that as quickly as possible. I am aware that this needs to be done in the correct way but it also needs to be done urgently. Perhaps the Minister might give the House an update on a timeline.

The Deputy is correct. In the first instance, we are not aware of the scale of this issue but wherever it happens it needs to be condemned. It is atrocious and reprehensible behaviour. I want to assure the Deputy in the plainest language I can that anything we need to do from a legislative perspective on this issue, we will do. Timeframe-wise, I hope to have something back from our officials by the end of this month with regard to what we are going to do. That is not necessarily the legislation itself but it will advise us whether it is better to do it through legislation from the Department of Justice, residential tenancies legislation, or indeed both. I have a fair idea of what type of sanctions we can bring to bear on this type of landlord. Criminal charges will be another element. It is important that we get it right, that it is robust and the Deputy is correct. I commit through our housing spokespeople that we will give an update by the end of March as to where we are at and I will keep the House and the Deputy directly informed on this matter.

I thank the Minister for that answer. I ask that the Minister confirm as soon as possible that he will bring in legislation by way of criminal charges and that landlords would be struck off. Both measures are needed. I do not think that there will be any discussion or debate around that. The quicker the Minister does that the better.

We do not know the scale of this. One of the reasons why this is the case is that there is no specific legislation that specifies this as a criminal offence. An Garda, for example, does not specifically record this on the PULSE system. That is why we need this to be tackled as quickly as possible. I thank the Minister for the answers and for the commitments he has given to keep us all updated on this issue.

I welcome the Minister’s response as he knows that I wrote both to himself and to the Minister, Deputy McEntee, at the end of last year and early this year on this issue. Like Deputy O’Callaghan, I firmly believe that legislation is going to be required to outlaw this abhorrent behaviour. I pay tribute to Ann Murphy of the Irish Examiner whose sterling investigative journalism has exposed this issue and brought it to light for all of us. I fully assure the Minister that if he and his colleague, the Minister for Justice, bring forward the required legislation, they will have complete co-operation for the speedy passage of it from our party as well as others in opposition. This is urgent and necessary and we will work with the Minister to ensure that this type of behaviour is outlawed and punished very heavily if and when it occurs.

I thank all of the Deputies for their contributions on this and I will keep the House informed. It is a priority matter for us. We looked at trying to assess how we would quantify the scale of it but, from dealing with advocacy groups, particularly in the area of sexual and gender-based violence, we were advised that including that in a survey would not be the appropriate thing to do. Suffice it to say that we know it happens and we want to ensure that where it occurs it is stamped out and criminal charges are brought to bear. I will report back to the House and I will write specifically to the Deputies who have raised the question and through the parties’ housing spokespeople to give them an update before the end of March.

Is féidir teacht ar Cheisteanna Scríofa ar www.oireachtas.ie.
Written Answers are published on the Oireachtas website.
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