Wednesday, 14 Feb 2024

Written Answers Nos. 332-337

Referendum Campaigns

Questions (332)

Carol Nolan

Question:

332. Deputy Carol Nolan asked the Minister for Further and Higher Education, Research, Innovation and Science the measures he is taking to ensure that organisations, including State bodies under the aegis of his Department as well as non-governmental organisations and charities that are in receipt of funding from his Department, do not use any portion of such funding to campaign or promote a position in favour or against any outcome of the forthcoming referenda on Articles 41.1.1, 41.2.1 and 41.2.2 of the Constitution, thereby breaching the McKenna principles; and if he will make a statement on the matter. [6762/24]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

The Department of the Taoiseach issues guidance to all Ministers and Government Departments in respect of the application of the principles of the various Court judgements relevant to the Government’s role in referendum campaigns (these are generally referred to as the ‘McKenna/McCrystal principles’). The guidance states ‘these (McKenna) principles require that any information disseminated by the Government or any agencies or bodies involving the use of public funds must be equal, fair, impartial and neutral, and the Government is not entitled to spend public money for the purpose of promoting a campaign for a particular outcome.’

This guidance has been communicated to officials across my Department.

It is the responsibility of An Coimisiún Toghcháin, under Chapter 5, Part 2 of the Electoral Reform Act 2022, to provide a general explanation of the subject matter of the proposals for the referendums and to promote public awareness and encourage voting at the referendums.

Student Accommodation

Questions (333)

Mairéad Farrell

Question:

333. Deputy Mairéad Farrell asked the Minister for Further and Higher Education, Research, Innovation and Science in relation to the delivery of purpose built student accommodation for the technological universities, if he envisages a role for the Irish Strategic Investment Fund through Activate Capital, which has already part funded some other PBSA; and if he will make a statement on the matter. [6802/24]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

In November 2022, funding was approved to assist the Technological Universities (TUs) in developing a student accommodation programme based on a regional needs and feasibility assessment. The Higher Education Authority appointed consultants in June 2023, to oversee and assess the levels of supply and demand for student accommodation across our public higher education institutions (HEIs).

Phase one, a supply and demand analysis, has involved extensive data-gathering across all TUs, Universities and Colleges, comprising a data collection framework, one-to-one meetings with HEI representatives, and a centralised student survey on student accommodation. The comprehensive student accommodation supply and demand framework is currently undergoing analysis and data validation by the Higher Education Authority.

In parallel with the data collection, the Higher Education Authority is overseeing the development of a standardised preliminary business case process and templates. The intention is to develop a programmatic approach to facilitate future TU student accommodation proposals. This work will be progressed in tandem to the standardised design study for student accommodation to ensure a value for money response to student accommodation. This will be informed by the demand analysis data collection process to provide a framework of delivery models and funding options. A number of delivery modes and mechanisms are being examined as part of this process to inform programme responses. I am not in a position to pre-empt the outcome of this examination process. My Department and I will work within the parameters of the public spending code to deliver on state supported student accommodation

Student Accommodation

Questions (334)

Aodhán Ó Ríordáin

Question:

334. Deputy Aodhán Ó Ríordáin asked the Minister for Further and Higher Education, Research, Innovation and Science hat steps his Department has taken to prevent the practice of full year compulsory lease lengths being imposed on students by private student accommodation providers in Dublin and Cork, such as a company (details supplied) that owns 11 properties nationally and is offering students leases that are 52 weeks long. [7149/24]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

With effect from 15 July 2019, the Residential Tenancies (Amendment) Act 2019, as amended, applied the Residential Tenancies Act 2004, as amended, to a licence agreement between a student and an owner of student accommodation. The Act defines ‘student accommodation’ to mean ‘a building, or part of a building, used for the sole purpose (subject to paragraphs (a), (b) and (c)) of providing residential accommodation to students during academic term times—

(a) whether or not the building or part of the building concerned is used for any other purpose outside of those times,

(b) whether or not any such students are permitted to reside there outside of those times, and

(c) whether or not any person other than a student resides there, provided that the purpose of the said person’s residing there serves the first-mentioned purpose.’

Section 3(1A) of the Residential Tenancies Act 2004, as amended, similarly applies that Act to a tenancy agreement between a student and an owner of student accommodation.

Minister for Housing, Local Government and Heritage, Darragh O’Brien and I have asked our officials to engage with each other on the decision of private student accommodation providers to move to 51-week leases. While there may be a market for 51 week leases among some members of the student population, it is not desirable for the vast majority of the student population. We have asked our officials to establish the circumstances of the 51 week leases and consider what action may follow.

The Government is committed to enhancing protections for tenants. Under Housing for All, the Government has committed to improve the supply and affordability of rental accommodation and the security of tenure for renters, including students.

I have no function or remit in the operational matters of the Residential Tenancies Board (RTB) which is an independent quasi-judicial body with responsibility for rental contracts. I would advise any student with specific concerns or issues in relation to this matter to contact the RTB directly in the first instance.

Student Accommodation

Questions (335)

Aodhán Ó Ríordáin

Question:

335. Deputy Aodhán Ó Ríordáin asked the Minister for Further and Higher Education, Research, Innovation and Science if he is aware that an organisation (details supplied) is reporting that students in private accommodation fear availing of their rights under the legislation for student specific accommodation as they fear the risk of not having their lease renewed at the beginning of the subsequent academic year; and what measures his Department can take to address those concerns [7150/24]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

The Residential Tenancies Acts 2004-2022 (the Acts) regulate the landlord-tenant relationship in the residential rental sector and set out the rights and obligations of landlords and tenants. The Acts apply to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. Dwellings covered by the Acts include the private rental sector, the cost rental sector, the approved housing body sector and student accommodation (including tenancies and licences in student specific accommodation).

The Residential Tenancies (Amendment) Act 2019 provides for relevant rights and obligations to apply to tenancy and licence agreements in student-specific accommodation, provided by public educational institutions and private accommodation providers.

Section 14 of the Residential Tenancies Acts provides that a landlord of a dwelling shall not penalise a tenant for referring any dispute between the tenant and the landlord to the Residential Tenancies Board (RTB) for resolution or for giving evidence in any proceedings under Part 6 (Dispute Resolution) of the Acts. This equally applies in respect of licence agreements in student specific accommodation. This protection also applies to a person who ceases to be a tenant/licensee by reason of the termination of the tenancy/licence.

I have no function or remit in the operational matters of the Residential Tenancies Board (RTB) which is an independent quasi-judicial body with responsibility for rental contracts. I would advise any student with specific concerns or issues in relation to this to contact the RTB directly in the first instance.

Student Accommodation

Questions (336)

Aodhán Ó Ríordáin

Question:

336. Deputy Aodhán Ó Ríordáin asked the Minister for Further and Higher Education, Research, Innovation and Science how his Department will ensure the enforceability of the definition for ‘student accommodation’, as provided for in the Residential Tenancies Act 2004, as amended by the Residential Tenancies Act 2019 (details supplied). [7151/24]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

Minister O’Brien and I have asked our officials to engage with each other on the decision of private student accommodation providers to move to 51-week leases. While there may be a market for 51 week leases among some members of the student population, it is not desirable for the vast majority of the student population. We have asked our officials to establish the circumstances of the 51 week leases and consider what action may follow.

I have no function or remit in the operational matters of the Residential Tenancies Board (RTB) which is an independent quasi-judicial body with responsibility for rental contracts. I would advise any student with specific concerns or issues in relation to this matter to contact the RTB directly in the first instance.

Referendum Campaigns

Questions (337)

Carol Nolan

Question:

337. Deputy Carol Nolan asked the Minister for Rural and Community Development the measures she is taking to ensure that organisations, including State bodies under the aegis of her Department as well as non-governmental organisations and charities that are in receipt of funding from her Department, do not use any portion of such funding to campaign or promote a position in favour or against any outcome of the forthcoming referenda on Articles 41.1.1, 41.2.1 and 41.2.2 of the Constitution, thereby breaching the McKenna principles; and if she will make a statement on the matter. [6767/24]

Written answers

Minister for Rural and Community Development

The Charities Regulatory Authority (the ‘Charities Regulator’) was established in October 2014 pursuant to the Charities Act 2009. The Authority is the State organisation responsible for registering and regulating all of Ireland’s charities, with the mandate to promote good governance practice.

The Charities Regulator is under the aegis of my department. It is important to note however, that the Regulator is fully independent in the performance of its statutory functions, including the registration of charities.

The table below provides the average processing time for charitable status applications made to the Charities Regulator for the years 2020, 2021, 2022 and 2023.

Year	Processing Time
2020	70 days
2021	82 days
2022	104 days
2023	129 days

Each application for registration must be carefully assessed by the Charities Regulator to ensure that the applicant meets the specific requirements set out in the Charities Act 2009.

At present, the Charities Act does not permit the Charities Regulator to reject an incomplete application. This means that the Charities Regulator must make a substantive decision on whether or not an applicant can be entered in the Register of Charities (“the Register) in each case. This can lead to significant ongoing engagement by the Charities Regulator with applicants over what, in some cases, can be a protracted period of time in order to get their applications to a stage where a fair and robust decision can be made.  The Charities (Amendment) Bill, 2023, currently before the Oireachtas, contains an amendment to rectify this deficiency in the Act.

In 2023, to provide enhanced support and guidance to organisations wishing to apply to be entered on the Register, the Charities Regulator published new registration guidelines and a new dedicated webpage. It covers the key areas that must be considered, developed or established by an organisation prior to submitting an application. It also explains that certain types of organisations are excluded from being registered under the Act and other reasons why an organisation may not be registered as a charity.