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Dáil Éireann díospóireacht -
Tuesday, 11 Mar 1975

Vol. 279 No. 2

Returns to Writs: North-East Galway and West Galway. - Adjournment Debate: House Sales.

I raise this matter because for a considerable time I have been at a loss to understand the thinking of the Government who made a decision on this scheme. I particularly do not understand the recent decision of the Minister for Local Government to suck back into local authorities and the Government a certain proportion of profits made. The situation now is that any purchase scheme must be, in the opinion of the Minister, fair and equitable. In such schemes there are three involvements: the tenants, the local authorities and the Government.

My problem is why, if a scheme has been considered fair and equitable at the beginning, the Minister can decide later to suck back into Government and local authority funds a certain amount of the money made through resales. I could understand this if gross profits were being made through speculation but any profits made in these purchase schemes must be of a very minor nature. My party are opposed to speculation and we would always agree with any Government action to curb it. If there was a possibility of large profits being made here we could readily understand the Government's decision.

The position is however that the Minister has decided that local authority house purchasers are second-class owners with no rights. Why did he discriminate against tenant purchasers in this way? In the private sphere, house owners have certain rights: they can sell their houses and buy houses elsewhere. The Minister's decision in regard to tenant purchase however has created an inferior type of house owner. A tenant becomes the owner of his house the day he completes the necessary documents in a lawyer's office. The position now in regard to such a person is that if he sells the house of which he has become owner within three to five years he must pay back one-third of the profits he makes on that sale.

I do not think the Minister in his private capacity would accept such a situation. Once the tenant purchases his house it becomes a private dwelling. The Minister knows that a house, unlike a car, appreciates instead of depreciating in value. When the scheme was being drawn up the Minister must have been aware that houses purchased under it would increase in value. If he is to be logical, why should not all sales of local authority property attract the same limits? Land also increases in value, so why does not the Minister insist that the local authority get back money from profits made on industrial sites sold by them?

As I have said, tenant purchasers have been put in an inferior position. A person who buys and develops an industrial site owned by a local authority has not to pay back anything although he might make enormous profits. Is it not true therefore that tenant purchasers are being victimised? The Minister acknowledged the case made by Deputy Lemass that many tenant purchasers resell their houses to meet family requirements. The family may have grown and they may need more accommodation, so they sell their houses to buy bigger ones. They may want to sell their houses to buy one elsewhere for employment reasons or to be nearer to schools and so forth. One could name a variety of reasons why a tenant purchaser might wish to move.

The position here is that honest tenant purchasers are being victimised. When this regulation came before us in Dublin Corporation the broad opinion of all parties was that there were unfair aspects in it. I put it to the Minister that he should consider the situation of tenants who have occupied their houses for up to 30 years and in that time have paid substantial amounts in rent to the local authorities. It may be argued that the tenants were provided with a variety of services during that period but such costs have been repaid many times. Tenant purchasers are people struggling for the first time to get a stake in the community through house ownership, and to turn them into second-class owners with inferior rights is very wrong.

Perhaps the Minister will have another look at the situation in the light of experience after a period of six to 12 months. If he feels an injustice has been done then he should rectify the situation. It is a reflection on the people who have purchased from the corporation and who endeavoured to better their accommodation for the reasons I have given already, proximity to employment, size of family or other family circumstances of one type or another.

The question of snob value was raised today. I am not concerned about that. I am concerned about the basic rights of an individual to purchase a house. If a fair and equitable system was operated, then there should be no real adjustment. I do not think the amount of speculation is great, if in fact it takes place at all. People have sold houses; they will sell them again. No matter what type of house a person purchases, he will probably sell for profit. Some people always have that desire to make a profit. Nevertheless, the number of people involved must be very small in relation to the large amount of speculation which takes place through the purchase of local authority property which costs far more than any corporation dwelling.

In view of the representations made from time to time, in view of the concern expressed by local authority members of all parties, I hope the Minister will give us an assurance and say he will have this examined to ascertain whether or not the arguments made are valid. Seeing that it is operative I do not think the Minister would be prepared to dismiss it lightly. But it would be reasonable were he prepared to say at this stage: "I am prepared to examine it to see if there is any reason for reverting to the previous situation and give local authority dwelling purchasers the same rights as people purchasing on the outside market." I know that if I were confronted with this situation with regard to a house in the private sector, certainly I would not accept the stipulation whereby restrictions of that nature would apply.

The Minister must have been aware when this purchase scheme was initiated that at some stage in the future the property would increase in value. I am rather surprised that, at a later stage, he found it necessary to introduce the system he did. If this is accepted many councillors and members of local authorities feel that other restrictions may follow in time, that as credit restrictions are brought into force, some other system will be introduced to deprive local authority householders of the opportunity of selling. Some people who indicated their intention to purchase have now intimated that they are no longer interested because of the restrictions placed on them and they are prepared to rent accommodation. That is an unhealthy situation.

As I have said, I do not agree with speculation of any kind. But if the Minister is to tackle the situation he should do so on the broad basis that everything a local authority says is sold for profit within three or five years, would apply to tenants also. It does not apply in the field of industrial or housing sites or indeed to other property local authorities may dispose of from time to time.

I would ask the Minister to review the situation, taking into consideration the representations of councillors and experience of its operation for six or 12 months, as the case may be. If he feels then it is not justified he should rectify the situation.

In the course of two or three minutes I hope to add to what Deputy Dowling has said in regard to this matter. As I see it, there are two points at issue. One refers to the injustice which has arisen in respect of purchasers whom we might describe as post-1973 and where it can be shown now that tenants who purchased houses under the pre-1973 scheme—had they waited, had they not accepted the advice of the corporation or of the Department of Local Government—could have purchased them, in some cases, for anything up to £1,000 cheaper. An appeal has been made to the Minister to bear in mind the plight of those purchasers in his magnanimity, and I am quite sure he can be as magnanimous as any other Minister. It is not suggested that he would return to them an amount——

Is this the same question?

If the Minister will refer to his reply he will see that he referred back to answers he gave and I am taking the lead from his reply today. However, it was not a matter to which I intended devoting my five minutes. I was availing of the opportunity to remind the Minister that he had promised already that he would look sympathetically at the plight of those purchasers.

The full lash of my disappointment with the Minister is the rather mean, regressive and obnoxious direction which he sent to local authorities last year instructing them that, in respect of any future purchase scheme they might introduce, they would include a condition under which anybody who purchased a house under the scheme, and sold it within five years, would return to the local authority an amount equivalent to one-third of the profit involved. In late 1974 and early 1975, that represents retrogression of the worst type. For many years the people fought for the right of ownership of land and houses. The Minister and his Department are presuming to sell to tenants, some of whom have been tenants for 30 years, and not, as has been reported in certain areas, people who bought a house today from the local authority, sold it tomorrow and made £1,500. They were paying heavy rents on those houses over a period of perhaps 30 years and if they made profit, more power to them.

As Deputy Dowling indicated, other people are making profit at what might be described as the expense of local authorities. As far as I am concerned it is fundamental that if we sell houses to tenants, those tenants have the right to sell. As a member of a local authority—and I am glad other members agree with me—I will not be a party to putting any impediment on the sale of those houses. I ask the Minister for Local Government to explain how any man describing himself as a socialist would require a tenant to do that. It is retrogressive and, I would think, repugnant to the Constitution. I doubt very much if it would stand up in any court. I am asking the Minister now to do the big thing, withdraw the mean circular to local authorities and which has been rejected by practically all of them.

Deputy Lemass has approximately two minutes.

I am anxious to get in here but one minute is all I need. I regret I used the phrase "snob idea". Probably I should have said that some people preferred to better themselves by buying SDA-type housing rather than corporation-type housing. I have here the Minister's words and they concern me because in no way have I tried to talk about snob ideas. What I have tried to say is this——

Sorry, Deputy Lemass, I must now call on the Minister.

The Chair did say two minutes?

They are up and I must call on the Minister.

I cannot deal with the house purchase aspect.

Deputy Lemass raised the question today.

I was not allowed to raise anything because the Minister is protected by his own Labour Ceann Comhairle.

Deputy Lemass raised a question today in the House. He could have raised it again on the Adjournment but he did not choose to do so. Deputy Dowling, who did not even ask a supplementary on it, chose to raise it on the Adjournment, as was his right. He took some time himself and gave three minutes to Deputy Tunney and two minutes to Deputy Lemass. If Deputy Lemass could not understand what it was all about that is not my fault.

All I asked for was two minutes. I was not allowed two minutes. I was cut off by the Minister's pal in the Labour Party.

I do not think people should come into the House in the condition Deputy Lemass is in and interrupt the proceedings or insult the Chair.

I will insult the Minister——

If Deputy Lemass's only object is to try to prevent me from answering this stupid argument that was made here tonight, then he will not succeed. Deputy Dowling raised this question on the Adjournment about the amount of money which is to be taken from people who purchase houses and who resell them within five years. He alleged that this was something that was thought up after the scheme had been introduced. Of course, if he knew anything about the procedure he would know that the order was made and it was laid before this House for 21 days. He and his colleagues had the opportunity, if they objected to it, to have it rescinded. They did not think it worth their while and they sailed in on a question of Deputy Lemass's in order to try to ask embarrassing questions.

I was interested to find Deputy Tunney coming here tonight, because I thought he was going to put the facts straight and that he would show that a mistake had been made by his party and that he wanted to explain. In fact, on 16th April, 1973, the National Association of Tenant Organisations assured me that they favoured a restriction against the resale by a tenant purchaser for an agreed negotiated period and the control of the resale market through a stipulation that the profit on resale would be restricted to covering the costs of the transaction and other expenses incurred. Those were the views of the tenants' representatives who negotiated the agreement with me.

Matt Larkin, a Labour man.

Whether he was or not, a decent fellow. He confirmed this in writing the next day, and said:

Our deputation favoured a restrictive clause against resale by a purchaser for an agreed negotiated period and a control of the resale market by the Department of Local Government through a stipulation that the profit on resale would be restricted to covering the costs of the transaction and other expenses incurred.

That was on 19th April, 1973. A deputation then came to me from the City Commissioners. Deputy Tunney and Deputy Dowling are two of the people who were reinstated as city commissioners by me on 1st May, 1973. They met and transacted the business as the corporation were doing. During the transaction of the business, when this scheme was being introduced, the commissioners decided unanimously that it would be a good idea to make representations on certain points. Therefore, a deputation was sent to meet me on it. When they came to meet me, Deputy Moore and Deputy Tunney were two of the people who were representing the commissioners, and I am sure they were speaking for Deputy Dowling and Deputy Lemass. What they wanted me to put into the terms was a stipulation that there should be a restriction on the resale of the houses over a limited period so that there could not be excessive profits made by people who would buy their houses and then move out.

That is a lie.

The Deputy may not attribute to any Member of the House that he is a liar.

That is what he is. I never said that in my life. It is a confounded lie and I will not withdraw it.

That is gross disorder on the part of the Deputy. The Deputy should withdraw it.

I never said any such thing. It is a confounded lie.

Deputy Tunney and Deputy Moore representing the Fianna Fáil section of Dublin Corporation were part of a deputation who waited on me——

That is a different thing.

——and were representing the other members of the corporation. It is not a different thing.

The Minister should not try to be smart-aleckey. That is a different thing.

Order, please. The Minister has only five minutes left.

If the Deputies opposite want to carry on like corner boys and if the Chair allows them, they can do so, but they will hear the truth from me. Deputy Tunney and Deputy Moore were representing the Fianna Fáil voice on that deputation, and one of the points the deputation stressed was that they wanted a restriction, and Deputy Tunney did not tell them he did not want that point of view put. He sat there agreeing that they were putting the point of view he held. Do not try to wangle out of that here in this House.

What did Deputy John O'Connell say?

He was not there. The Deputy was there and so was Deputy Moore.

This is another of the Minister's housing brainstorms.

The Minister has only a few minutes left. Allow him to use them without interruption.

(Interruptions.)

I am not taking things out of the air. The minutes of the meeting can be obtained by Deputy Tunney or anybody else. I am stating here what actually happened. I agreed with them that it would be unfair that people should purchase their houses and make a quick profit, and I put a restriction of five years, when one-third of the profit they would make would be handed back to the corporation. When Fianna Fáil were passing a Housing Bill through this House in 1966 they put in section 89 of that Bill a requirement that in the case of a labourer purchasing a cottage and selling it, one-third of the entire price would have to be paid back to the local authority concerned. They have the hard neck then to send representatives in here tonight to criticise me for something which they themselves asked for, and when it was given they were unable to swallow it.

(Interruptions.)

They are looking for cheap publicity and they are going to get plenty of publicity. Under Fianna Fáil people who were purchasing their houses were asked to pay a very high price. Fianna Fáil Members here want me to bring back——

(Interruptions.)

On a point of order——

Would Deputy Dowling resume his seat?

I am raising a point of order.

(Interruptions.)

This is a gross abuse of the privilege of the time allotted to us for this debate.

I am entitled to raise a point of order.

I am finished anyway, and Fianna Fáil are finished too, because they could not take it. They came in here with a lot of "bull" and they were found out, and now they want to deny me my right of reply.

What is Deputy Dowling's point of order?

The Minister cannot stand on his own feet.

I am affording the Deputy an opportunity to make his point of order.

All he can do is hurl abuse, but he will be in this House every night until 11 o'clock.

I am well able to be here until 11 o'clock. I have some place to go when I am finished here tonight, and I can come here any time I am wanted.

The Dáil adjourned at 11 p.m. until 10.30 a.m. on Wednesday, 12th March, 1975.

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