Léim ar aghaidh chuig an bpríomhábhar

Dáil Éireann díospóireacht -
Thursday, 1 Mar 1962

Vol. 193 No. 6

Ceisteanna—Questions. Oral Answers. - Acquisition of Vested Tenants' Interests.


asked the Minister for Local Government the provisions of the Labourers Acts which enable a housing authority to acquire a person's or tenant's interest in a dwelling, including a vested local authority dwelling.


asked the Minister for Local Government if he has issued any circular to housing authorities indicating that his Department does not approve of the acquisition of vested tenant's interests in local authority dwellings; and, if so, if he will state generally the principal directions in the circular.


asked the Minister for Local Government if a local authority may, by resolution, under the City and County Management Act, 1955, require a county manager to acquire outgoing vested tenants' interests in vested local authority dwellings, so that the vested dwellings may be available to relieve overcrowding.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 24, 25 and 26 together.

The power conferred by section 16 of the Labourers (Ireland) Act, 1885, which enables housing authorities to acquire by agreement any cottage for the purpose of the Labourers Acts is exercisable in relation to a cottage vested under the Labourers Act, 1936.

I indicated to housing authorities by Circular Letter of 28th May, 1959, that in cases where vested cottages are vacant and recovery of possession by the housing authority pursuant to the provisions of the Labourers Acts, 1936, is not appropriate, I would be prepared to approve of the purchase of the cottage by the housing authority provided no purchaser is forthcoming who is eligible and willing to use it for his own occupation. I am having a copy of the Circular forwarded to the Deputy.

With regard to section 4 of the City and County Management (Amendment) Act, 1955, I have no function in relation to a specific resolution unless and until a dispute arises and is referred to me under subsection 10. I could not, therefore, at this stage answer the general question raised by the Deputy, but I would point out that the terms of the Circular Letter to which I have referred would apply to the purchase of a cottage whether or not a resolution under section 4 arises.


asked the Minister for Local Government if there is anything in the Labourers Acts which operates to prevent a housing authority from making an advance to a person who wishes to buy an outgoing tenant's interest in a vested local authority dwelling.

Section 21, subsection (1), of the Labourers Act, 1936, prohibits the mortgaging or charging of a cottage during the period of repayment of the annuity. A housing authority cannot, therefore, issue an advance on the security of a cottage which is subject to this prohibition.

Will the Minister consider removing that prohibition under the new Act?

I intimated last night —I had not finished—on the debate on the Private Member's Bill, that this and related matters are being considered. In fact, we are hoping to do something such as this.