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Dáil Éireann díospóireacht -
Wednesday, 3 Jun 1970

Vol. 247 No. 3

Committee on Finance. - Housing Bill, 1970: Committee and Report Stages.

Sections 1 to 6, inclusive, agreed to.
SECTION 7.
Amendment No. 1 not moved.

Amendment No. 2 in the name of Deputy Hogan is out of order as the amendment is not relevant to the subject matter of the Bill as read a Second Time.

Section 7 agreed to.
Sections 8 to 10, inclusive, agreed to.
NEW SECTION.

I move:

Before section 11 to insert the following new section:

11. (1) Section 33 (1) of the Act of 1966 is hereby amended by the insertion before "or in case a grant is made" of "or under section 5 (2) of the Shannon Free Airport Development Company Limited (Amendment) Act, 1963 (the case being one in which the house in respect of which the grant under the said section 5 (2) is made is completed after the 31st day of March, 1969), or in case a house is erected by the Land Commission, or with the aid of a grant from the Land Commission, in pursuance of section 12 of the Irish Land Act, 1903, as extended by section 22 of the Land Act, 1927 (the case being one in which the house is completed after the 31st day of March, 1969, and the total area of all its floors satisfies the requirements, in the case of a house the erection of which commenced before the 1st day of October, 1969, of section 15 (1) (a), in the case of a house the erection of which commenced on or after the 1st day of October, 1969, and on or before the 31st day of August, 1970, of section 15 (b) or, in the case of a house the erection of which commenced after the 31st day of August, 1970, of section 15 (6) (b) of this Act)," and by the insertion before "to which the grant relates" of "erected by the Land Commission or".

(2) Section 33 (4) of the Act of 1966 is hereby amended by the insertion before "the valuation of the tenement" of "or in case a house is reconstructed by the Land Commission, or with the aid of a grant from the Land Commission, in pursuance of section 12 of the Irish Land Act, 1903, as extended by section 22 of the Land Act, 1927 (the case being one in which the reconstruction is completed after the 31st day of March, 1969), or in case a grant, for the reconstruction (completed after the 31st day of March, 1969) of a house, is made by Bord Fáilte Éireann pursuant to a scheme for development of supplementary holiday accommodation", and by the insertion before "to which any such grant relates" of "reconstructed by the Land Commission or".

(3) Section 33 (5) of the Act of 1966 is hereby amended by the addition of the following paragraph:

"(f) in relation to a house reconstructed by, or with the aid of a grant from, the Land Commission or to a grant, for the reconstruction of a house, by Bord Fáilte Éireann—the reconstruction."

(4) A housing authority shall make any refunds which become appropriate in consequence of the amendments effected by this section.

Amendment agreed to.

Acceptance of this amendment involves the deletion of section 11 of the Bill.

NEW SECTION.

I move:

4. Before section 12 to insert the following new section:

12. (1) Subsection (4) of section 62 of the Act of 1966 is hereby amended by the insertion after "sections 86, 87 and 88 of the Act of 1860" of "(subject, in the case of the said section 86, to the substitution of `of one month' for `to be therein named, and not less than seven or more than fourteen clear days from the date of such warrant' and the substitution of `eight in the morning and eight in the afternoon' for `nine in the morning and four in the afternoon')".

(2) The following subsection is hereby added to section 62 of the Act of 1966:

"(7) If, in a case in which there is no tenancy in a dwelling provided by a housing authority under this Act, a person makes an entry into the dwelling, or uses it for human habitation, without the consent of the housing authority, such person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds, or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both such fine and imprisonment."

A motion has been put on the Order Paper instructing the Committee on the Housing Bill that it has power to make provision in this Bill in relation to warrants for the recovery of possession of certain dwellings and other buildings and the unauthorised entry into or use of dwellings provided by housing authorities.

The new section now proposed will make it easier for sheriffs to execute warrants for possession issued by district courts under section 62 of the Housing Act, 1966, and, secondly, will make the breaking into or unauthorised use of dwellings provided by housing authorities a criminal offence.

The new section will help towards the solution of problems being caused by certain people, particularly in Dublin, breaking into and squatting in local authority dwellings.

Amendment agreed to.

I should like to raise a point of order on the fact that the Shannon Free Airport Development Bill has gone through in exactly one-and-a-half minutes. When one is in one's party rooms one can reach here in two minutes. That is the best one can do. I am usually not critical of the Chair but I feel that on this occasion an improper attitude was adopted. I am casting no aspersions because I always bow to the Chair.

The Deputy was asleep.

The Deputy has not been here for the last 16 years and when he has been here for more than a wet weekend perhaps he will behave himself. A Cheann Comhairle, I suggest that a more proper period would be a few moments at least in which a person could get to the House.

It is not a matter for the Chair. The Chair put the question.

Precedent and practice have not been quite on that line.

The Deputy got the Order of Business the same as everybody else.

I have seen us waiting for as long as half-an-hour for Fianna Fáil Ministers in the past. You will not be here after tomorrow evening unless you can resolve your differences and come back in unity, in inverted commas.

You will not have any say.

If you have your say the Taoiseach will be out fairly quickly because you are a hatchet man, out to get his blood. Unparalleled treachery you are trying on the poor man.

Section 12 and 13 agreed to.
SCHEDULE.
Amendments Nos. 5, 6, 7 and 8 not moved.
Schedule agreed to.
Title agreed to.
Bill reported with amendments.
Question: "That the Bill, as amended, be received for final consideration," put and agreed to.
Fifth Stage ordered for Wednesday, 17th June, 1970.
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