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Dáil Éireann díospóireacht -
Tuesday, 2 Feb 1971

Vol. 251 No. 3

Private Members' Business. - Differential Rents: Motion.

I move:

That Dáil Éireann calls on the Government to undertake an immediate examination of the system of differential rents, particularly in relation to the hardship and injustices caused by the implementation of the B scale in Dublin.

This is a very serious matter for tenants of council houses, and Dublin Corporation houses in particular, but I would say that all over Ireland council house tenants are certainly dissatisfied with the system which is in operation regarding differential rents. I tabled a question on 11th November on this and I told the Minister that the tenants' organisation—and there is only one—NATO, on behalf of the tenants of this country, expressed concern and dissatisfaction with the present system. The Minister said he was aware of pressure groups, various organisations, but he said that there was no dissatisfaction among the tenants and he said there was no other scheme of which he knows or which had been suggested to him that could be operated more fairly in relation to the tenants than the scheme which operates. He said he is completely satisfied with the terms of it, especially the new scheme.

We in the Labour Party are not opposed to the principle of differential rents because we believe that differential rents can operate fairly and equitably and in the interests of people who by virtue of sickness, unemployment or other things can be suffering hardship. What we are opposed to, and very much opposed to, is the system of assessment which came into operation in the Housing Act, 1966, and that is the assessment on overtime, shift work, incentive bonuses and wages on which income tax had already been levied and where social welfare payments and superannuation payments had already been taken out of wages. We are concerned about this and we object very strongly to the differential rent that applies in cases such as this—assessment on wages for overtime, shift work and the others.

The Labour Party were first to introduce differential rents.

Stay quiet and let the man talk.

Make a speech when you have time.

If this Deputy has been sent in to interrupt he will not succeed. I am stating a fact here; that we are opposed to the present system. The city and county manager has the power to revise the maximum and the minimum rent whenever he thinks fit. This is another principle which we fight because, due to the power the city manager has, the city council is merely a rubber stamp. He can change rents as he sees fit. We deplore this and we do not think any city manager should have the power to do this. It should be left to the council to decide whether there should be any increases in minimum or maximum rates.

We are also opposed to the fact that houses which have been built from November, 1970, onwards will have new differential rents of £7 and £8 plus per week. This is a fantastic rent to pay out of the income of any man. We are very much opposed to this. I cannot see how the Minister can say the people are satisfied or that he is satisfied with a differential rent of £7 or £8 plus, maximum, on houses built since November, 1970, or indeed flats built since November, 1970. This decision to impose a new differential rent on houses built since 1970 was a fait accompli, nobody knew anything about it until a small news item appeared in the newspapers to the effect that this had already taken place. This is the power of the city manager to which we are opposed.

We are also opposed to these ancillary charges which Dublin Corporation impose in respect of central heating and things like that because the tenants have no control over the central heating, cannot regulate the cost to suit their own household and they must pay for central heating all the year round whether they use central heating or not. Outside Dublin, even in Cork city, there is a maximum rent of £8 plus before rates are added and if the Minister thinks that the tenants are satisfied with that he had better look at his figures and search in his Department and discuss it with his city and county managers, or perhaps he should have more frequent discussions with the officers of NATO who represent the council tenants of this country.

Prior to February, 1969, any increases were subject to the sanction of the Minister for Local Government but the former Minister for Local Government, Mr. Kevin Boland, sent a circular to city and county managers in February, 1969, and in this he gave them power for any alteration in rent structure. He told them they could increase the maximum rent by 5s in any one year without sanction even from the Minister for Local Government. This is what we are opposed to in the differential rents scheme. In fact, the manager does not have to go to the council at all for discussion on increases: he can increase the maximum rent by 5s per week in every year. He has full power to do so.

I have no hesitation in saying that Dublin Corporation tenants are second-class citizens because they are being treated like second-class citizens by the Dublin Corporation and their officials. I see evidence of this every day of the week. Corporation tenants are obliged, at 13 weekly intervals, to furnish particulars of their income and the income of members of their household. This is the way they treat their tenants. If they do not furnish the particulars in time the differential rents section puts them on maximum rent and will not inform them until such time as the arrears have accumulated to the extent that a court order is issued to these people and they are threatened with immediate eviction unless the arrears are paid forthwith. I have many dealings with the differential rents department of Dublin Corporation and I find that there is not the co-operation forthcoming that should be forthcoming in relation to these people. They must be treated as citizens who are deserving of the same consideration as the occupants of other houses. These people, by virtue of the fact that they were not able to purchase their own houses, are being victimised; they are not being given the treatment they deserve. I say there should be immediately an investigation into this to see if we can eliminate the injustices of the 1966 Housing Act so that we can have a proper differential rents system applying to these tenants.

Scale B applies to all new dwellings. A four-room dwelling is 85s per week, maximum rent, plus rates. This four-room dwelling can be a skyscraper flat in Ballymun or it can be a scheme house in Ballyfermot, Drimnagh or Crumlin. If it is a five-room dwelling the tenant pays 95s a week. They decide to take £1 off, based on the combined family income. This is another source of irritation. We all know that grown up sons and daughters in a family merely pay in enough to keep them in the household, but the entire income is taken into consideration despite the fact that already income tax has been taken out of it, superannuation, social welfare and other deductions. Despite that the total income is taken into consideration by the differential rents section.

These are the penalties. They must sign a form authorising the corporation to approach the employers or the labour exchange. Unless they sign that form they are obliged to bring a form to their employers every 13 weeks and ask them to fill it up, because it must be sent to the corporation. The embarrassment, degradation and humiliation of these people is beyond words. If they fail to give notice that the family income has increased immediately they are put on maximum rent; the arrears then accumulate and court orders follow. Hundreds of court orders have been given where people have been told that they have arrears which must be paid immediately or they will be evicted. If a member of a family is employed after an illness he must immediately get a form signed for the corporation. A man may be asked to attend at the corporation office. His wife's attendance is not accepted; the man must attend despite the fact that he has to take time off from his job and thus lose money. We object to this differential rent system; it is most unacceptable. The system is a source of dissatisfaction and should be investigated at once.

I second the motion in the names of the Leader of the Labour Party and the nine Dublin Labour Party Deputies. The Minister told us that he finds tenants are not dissatisfied with the working of the differential rent system. The Minister says there is no dissatisfaction among tenants. Perhaps that is so in the Minister's constituency but I do not know how any Dublin Deputy could corroborate that statement. I am sure that Deputy Dowling can corroborate that there is dissatisfaction. Is the Minister telling us that the tenants who complain about the working of the system are imaginary tenants or that their grievances are imaginary? How can the Minister take it upon himself to speak for such a large body of people? How can the Minister say they have no grievances when they themselves tell us every day of their grievances?

The motion calls for an immediate examination of the problems associated with the working of the differential rent system. We are not asking the Government to commit themselves to condemning the differential rent system. We do not condemn or attack the principle of a differential in rents. All we are doing is calling on the Government for an urgent investigation and an immediate examination. This matter affects hundreds of thousands of people in this country. I do not wish to attack the Minister but, with respect to him, I do not think he should take it upon himself as Minister to say that he knows best what the tenants think and feel. The Minister's predecessor was inclined to do that sort of thing; he always knew best. He is not here now and the present Minister has shown in many respects considerable sensitivity. We do not think it enough that one man should say what the tenants think and feel. It is not enough to have a piecemeal look at each individual case or for the Minister or an official to say in regard to a particular case: "There is hard luck there". We submit that such an approach would not be an adequate way of examining a question which affects many parts of this country and will, eventually, affect all local authority tenants. This matter affects the lives of people in our cities as well as in other parts of the country. The pressures are felt particularly in the cities. In recent times there has been an increasing tendency in the world to feel that the problems of the cities need to be carefully examined before they get out of hand. There is a certain pattern in the great housing estates of the cities which needs close and careful examination. Such an investigation could well begin with a study of how the rent system is experienced by corporation tenants.

We suggest that a panel of competent people should be set up comprised of economists, social scientists and social psychologists and that these people should conduct open hearings into the question of rent. Such a body should be prepared to hear individual tenants and representatives of the tenants' organisations. The Minister should try not to follow the example of his predecessor in dismissing the tenants' organisations simply as groups of agitators. These organisations now represent a great many people. The National Association of Tenants' Organisations have now a network throughout the country and are in close touch with the tenants. This organisation may be in closer touch with the tenants than the Minister is. This problem is too complex and delicate to be left to a few civil servants. This is a case where there must be social sensitivity. Intelligence is needed in dealing with this large scale problem.

I have tried to explain what we mean by "examination". I should also like to stress the need for urgency. This matter cannot be left on the long finger. It is not a matter which need take an immense amount of time to examine. This is a small country. The position could be ascertained and analysed comparatively quickly. We are asking that this examination on an adequate scale by adequate methods be set in train now. An early date should be fixed for an examining panel to report back. The policies should be urgently reviewed in the light of this examination. This is not an unreasonable request. It would be hard to convince a gathering of local authority tenants that it was an unreasonable request. Any Dublin Deputy could, and would with pleasure, take the Minister into many places where he would hear people, who are just ordinary tenants and not agitators, express their feelings about this subject. It is time that the problem was examined. We realise that the people on whom the situation bears heavily are not necessarily the best people to devise methods for handling the problem, but such people can tell where the shoe pinches and they need to be heard.

There are certain questions that should be looked into and form part of any such examination. A basic question is: how can the differential principle, the equity of which in theory is clear, be applied in practice with the minimum of hardship and uncertainty? I should like to emphasise that this is the kind of question we here are asking. We sometimes find that we get an answer which is not dealing with the question we are actually putting. We are answered as if we were saying there is no basis in equity for a differential system. We are agreeing that there is such a basis. What we are challenging is the working of the present differential system.

What we are asking for—and surely it is a fair request at this late date, when this has been in operation for a good many years, in its present form for five years—is that this should be looked into now. Among the specific questions that could be put is: should overtime be included in the calculation of differential rent? Is that fair? Where a man in full-time employment chooses, in the interests of his family, to undertake extra overtime work, is it socially desirable or justifiable that he should both be taxed on his extra earnings and have his rent raised on the basis of these earnings?

What again are the effects of including teenage earnings in the calculation of a differential? What are the effects of that on the family relations in households paying rents of this kind? What are the effects in a family if a given teenager becomes a tenant for the purpose of the differential system for a certain time and is, perhaps, then replaced by another teenager, while the father is reduced under this system to a secondary role in his own house? What is the effect of that on a father's authority? What is the effect of it on his self-respect?

Are these trivial questions? Are they questions to which a Minister or a civil servant can say he knows the answer without further inquiry or are they not questions that should be looked on as affecting the whole social climate of our cities? Is it right that a city manager, say, and the Minister, should have the ultimate decision on the introduction of a differential rent scheme? At present, once a manager's scheme is sanctioned by the Minister, the elected council have no recourse to alter such a scheme. That brings us back to precisely the bureaucratic principle we come up against all the time which has been expressed, of course, in the abolition of the Dublin City Council, and it brings us back to the point where a Minister can say "I know there is no dissatisfaction" and close—if he has finally closed and I hope he has not—his ears and mind to the evidence of dissatisfaction that is all round him.

Here again on that aspect of the whole matter generally, I would hope that in particular the Dublin Deputies who are here and who know that the dissatisfaction exists which the Minister denies will be heard from in this discussion and that they will urge on the Minister, not necessarily the various propositions which we here would maintain, but at least the desirability of an inquiry into this matter. I hope that if they believe there is no need for an inquiry they will tell us and tell their own constituents exactly why they think that.

Should the Minister have the power to revise the maximum and minimum figure whenever he sees fit? Just as the question of the ultimate decision being in the Minister's hands raises questions about democracy and about engaging citizens in the operation of their society, so this really raises questions of contract. Here the Minister, or the local authority guided by the Minister, representing one side of this, has the power to vary it upwards. Despite the fact that the tenant enters an agreement with a local authority on tenancy to occupy a dwelling on a rent scale with an agreed maximum, that maximum is never binding on the local authority. It can be altered at any time they see fit. Can a one-sided contract of that kind be termed an agreement, and is it the kind of document that will really bind people together as they should be bound with a recognition that this is a fundamental and equitable thing?

We do not believe, we here do not accept, the idea that local authority tenants are, by definition, unreasonable people. We disapprove of and reject the faintly contemptuous tone sometimes used by Ministers in relation to tenants. We believe that they know their rights and that they are responsible if they are dealt with in a reasonable way, but provisions of this kind, many of the provisions and practices of the differential code being unreasonable themselves, are of a nature to raise an unreasonable spirit in those whom they affect. This is again a matter which we think could be looked into.

The tenants' objections, like our objections here, are not to differential rents as such, but rather to the scheme as it has existed since 1966. The Minister has stated that, in cases where hardships suffered as a result of this scheme are proven, he will see that such hardships are eliminated. Again there seems to be here a recognition that in part at least there is dissatisfaction or could be dissatisfaction, but it is only accepted in a sort of retailed piecemeal way.

The city manager of Cork city, Mr. Patrick Clayton, whose approach to this matter deserves, in a considerable degree at least, to be commended, speaking of modifications he intended making in the rents and rates structure of corporation tenants in Cork said "I am satisfied that these charges can inflict hardship on families in these areas. The abatement suggested will, to some extent, alleviate this hardship." In the approach of the Cork city manager there is at least the kind of spirit that we should like to see adopted more generally.

The Minister, who is a relatively new Minister, has the power to set a new tone in this matter. He can help the tenants of this country and, through them, our society generally by agreeing to the kind of immediate examination we propose here. We very much hope that during this discussion he will intimate he is prepared to move in that direction. We believe that, if he does so, he will elicit a very great degree of affirmation from public opinion generally in this country.

The Fine Gael Party gladly endorse the request in this motion that the Government should undertake an immediate examination of the system of differential rents, particularly in relation to the hardships and injustices caused by the implementation of the B Scheme in operation in the Dublin area. The moderate language of the motion is such that no reasonable person dare vote against it. It asks for an examination of possible hardships and injustices and to refuse to conduct such an examination into such allegations would be to foment still further the discontent that already exists. To suggest, as the Minister does, that there is no dissatisfaction in the operation of the differential rent scheme is to deny the experience of mankind over thousands of years. What causes most of the unrest in relation to differential rents is the very same issue as caused the dispute in the biblical vineyard; people are required under the differential rent scheme to pay different rents for the same accommodation. We know what happened in the vineyard; the workers received the same pay for doing varying amounts of work. No matter how just the scheme may be in principle, so long as people are called upon to pay varying amounts for similar accommodation so long will there be dissatisfaction, and to suggest otherwise is to be unrealistic. There is a great deal more in the dissatisfaction than the mere biblical dispute.

One of the happiest growths, I think, in our society has been the organisation of tenants, of residents and of people in their own localities in their own interests. Equally fortunate has been the manner in which the various tenant and residents' organisations have extended their interests far beyond their own selfish concerns and have involved themselves in helping their fellow citizens throughout the length and breadth of the country. The national association of tenant organisations has been, I think, a very, very happy development in our society.

There was a danger— it still exists—that our society would be organised in such a way that you would have a super-structure above the ground without adequate foundations and an artificial growth with insufficient roots. Any structure of that kind, whether it be contrived by man or whether it be the product of man's application to nature, will tend to be overthrown, tend to fall over in times of stress and in times of storm. We are very lucky in that the principal development in our society in recent times has been the manner in which the roots have been extended and the way in which our society has taken on greater security by the growth of tenant and residents' organisations because the roots of our society have now gone down and our society can, therefore, be better nourished, better governed and more secure than it would be if we merely had a bureaucratic growth imposed upon it. To treat such organisations as arrogant, as selfish, as pressure groups without merit, which is what the Minister has done, is to do a grave disservice to our society. I would urge the Minister to listen and, having listened, to consider the merits of the representations and to endeavour to achieve a rent scheme which will be more acceptable than that which at present operates.

We know that much of the disincentive to working overtime, one of the disincentives to the increase in productivity in industry, is the immense taxation which is taken off earnings, partly by income tax and partly by differential rent schemes. The knowledge that up to one-third of one's income will be taken off in tax and a further one-sixth in differential rent is a serious disincentive to people endeavouring to increase their earnings. What is particularly unfair in relation to the assessment of overtime earnings is the fact that quite frequently in our industrial society overtime is but a temporary experience. The differential rent scheme is such that a person's rent is more often than not assessed in arrear and a person is, therefore, called upon to pay a higher rent at a time when his income is reduced. If overtime is seasonal the increased rent is not paid during the time of increased earnings and, in the pattern of our society, in which savings are not engaged in to the extent to which they should perhaps, there are very few people who have sufficient put aside to meet the increased differential rent which is assessed at the time when overtime is discontinued.

Quite often the reason for the cessation of overtime may be due to domestic circumstances, not to the fact that overtime is not available but because the ill-health of the earner, of the worker, prevents him working overtime or because the ill-health or the domestic circumstances of some particular member of the family may make the earning of overtime impossible. At such times, when the income is reduced and there are extra burdens upon the family fortunes, we have the unfair practice of charging a higher rent than that which obtains when the income is greater. These are samples of the kind of elements within our existing system which give rise to dissatisfaction and it seems to me only appropriate that the Minister should endeavour to have such changes made in the system as would obviate these difficulties. We know that there are certain allowances deducted from earnings before income is assessed for rent purposes. It is very proper, I think, that we should now consider the adequacy of the allowances. The current allowances were fixed five years ago after a delay of 17 years from the time the previous allowances were fixed and, when they were fixed five years ago, they were totally inadequate. Whatever inadequacy they had then has been multiplied in the passing years.

One of the greatest failings of the differential rent scheme is the fact that it does not give adequate allowances in respect of necessary family expenses. We know in the Dublin area, for instance, that 82 to 84 per cent of the people are not entitled to the medical card and are, therefore, deprived of free medical services for ordinary home medical expenses, but such expenses are not taken into consideration in the calculation of a family's means and there are many cases in which serious hardship occurs, in which weekly health bills can be from £2 to £5, and more, per week. No consideration is given to that aspect in the assessment of means for differential rent purposes even though such necessary payments are made from the family income. This seems to me to be a very serious difficulty. Mark you, people who are fortunate enough to have sufficient to pay income tax are allowed, but only in recent years, health expenses.

We listened for many years to Fianna Fáil Ministers saying it would be impossible to have a scheme under which health allowances against tax could be given in respect of necessary medical expenses but, in the long run, the simplicity of the proposal and the fairness of it won out and such allowances are now permitted for income tax purposes. I would urge the Minister to amend the differential rent scheme so that necessary medical expenses, which are not covered by the local authority through the medical card system, or otherwise, are allowable before the assessment of income for the purpose of calculating differential rent. As has already been mentioned, hardship occurs quite frequently because of delays on the part of the local authority in the assessment of a person's means with the result that even thrifty tenants who discharge all their obligations under the scheme of notification of income to the local authority find that considerable debits are charged against them in bulk with instant demands for prompt payment and with embarrassing and expensive legal proceedings if prompt payment is not forthcoming.

To argue this way is not to criticise the unfortunate officials who are called upon to operate the differential rent scheme. It is, of course, where people have small incomes, a reasonable scheme because it allows them to pay a much smaller rent than is economic and than they would otherwise have to bear but it can be a very harsh scheme because it is so inflexible, because it does not adjust itself rapidly enough to family fortunes and because bureaucracy, being what it is, inevitably delays occur with consequential injustices and big debts being imposed upon unfortunate families.

We concerned ourselves a great deal last year, here and elsewhere, with the social problems that arise out of money lending. Although the matter was inquired into we are not all happy that the full truth is yet known or that our society is sufficiently protected against the danger of money lending. But, let it be said here, that quite often one of the causes for people going to money lenders, licensed and unlicensed, and paying to them tremendous rates of interest is these debits that are applied against them under the differential rents scheme. Where such people are faced with the alternatives of eviction or paying their rents they must, in most cases, go cap-in-hand to the money lenders in order to get their money. Great praise is due to the credit union movement for coming to the rescue of many people who find themselves, through no fault of their own, faced with considerable debits under the differential rents scheme but, as is only human, people look with suspicion upon tenants in any sector, whether public or private, who have considerable rent arrears to pay and it is not always possible to get advances from the credit unions to pay differential rents.

So, here we have this evil, this cause of dissatisfaction arising out of the operation of differential rent schemes. To identify these things as we are doing is not to say that in principle the scheme is wrong but it is to remind the Minister that there are matters which deserve immediate examination and that there are possibly several remedies or better schemes which could be introduced. Our request, sincerely made, is that the Minister would endeavour to adopt a scheme which would meet some of these particular problems.

Ultimately, responsibility for every differential rent scheme lies with the Minister for Local Government. One of the great drawbacks of the so-called system of local government that operates here is that it is in most cases little more than a distribution of responsibility or blame or an instrument for confusing the people as to whole is ultimately to blame for any act of any local authority or public authority. But no differential rent scheme may be applied by any local authority which does not conform with the requirements of the Minister for Local Government, his general requirements in the first instance and his particular permission in the final analysis. Therefore, each of the differential rent schemes in operation in Dublin or elsewhere, A, B or C, or the scheme in operation since 1st November, 1970, for houses let since then, has the nihil obstat, the imprimatur and approval and blessing of the Minister and therefore whatever variations local authorities may suggest to the Minister, he cannot escape from the fact that any scheme is his scheme and that he is totally responsible for it, and if the scheme does not meet with his approval it is open to him to decline to give his consent to it.

I ask the Minister to deal with one particular aspect in regard to housing rents of local authorities and that is how he can justify making a change of, say, £5 per week under a differential rent scheme for a house which was built 30 or 35 years ago at a cost of £500. Applying a rent of such dimensions to such a property means the local authority can recover within two years the capital cost of a property which was built 30 or 35 years ago. The theory, of course, is that the cost of replacing such a property today has to be related to present-day or potential cost and not to the cost at the time of building. This is a matter which causes grave dissatisfaction to tenants and before the Minister blithely assumes that everybody is content and that nobody is unhappy he should apply his mind to these things which certainly are a cause of unease and upset.

Dublin is a vast and growing area and one of the principal causes of complaint on the part of tenants is that they have to travel so far at such great inconvenience and often at such cost in order to have their appropriate rents assessed by an official in the corporation office in Jervis Street. I ask the Minister to urge Dublin Corporation. to open at various convenient places throughout the city local rent offices so that assessments could be made without requiring the breadwinner as happens in many cases to give up a half day's employment or more and then on presenting himself at the differential rent office having to join a long queue of people before his particular problem is dealt with. This is not fair. This imposes a burden of inconvenience on tenants which we must endeavour to discourage so that tenants will be treated as they are entitled to be treated: with all the respect which is theirs as citizens of no mean city, tenants who are good breadwinners, good family people, good members of society and who have genuine grievances and are not looking for the earth, not expecting the Minister or the corporation to give them free accommodation. They are not looking for gifts. All they are asking is that their reasonable complaints receive sympathetic consideration, and their experience in the past shows that they have not been receiving that consideration.

I should like to return briefly to the question of the allowances that are to be given. Any working man in one of the large corporation estates who uses the bus to go to and from his place of employment and works a five-day week will pay not less than 14s 2d and in many cases up to 18s for making one journey to his work and one journey home per day. That is on the basis of present-day bus fares and I am talking about the minimum payable from places like Ballyfermot, Finglas and Ballymun and, as the Minister knows, the new housing estates are being built more and more remote from the city centre. In many cases, because of the unsatisfactory pattern of building, people who work on the south side of the city, perhaps on the outskirts of the south side, at Tallaght or Clondalkin, are being housed in Coolock and Ballymun. On that account their bus fares can go up to £1 10s or £2 per week. What is such a person allowed as a necessary deduction before calculation of means for the purpose of determining the differential rent he should pay? £1 is the figure although even at the time this was fixed bus fares were about 50 per cent of what they are today. This clearly indicates that these basic deductions must be substantially increased.

Strangely enough, the principal income earner is allowed a deduction of only £1 but other earners of income in the house are allowed deductions of £3 a week. I would urge on the Minister that the allowance of the principal earner should not be less than £3. That will not be enough to pay his bus fares or his other necessary personal expenses which are vital and over which he has no control.

Debate adjourned.
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