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Seanad Éireann díospóireacht -
Wednesday, 3 Dec 1952

Vol. 41 No. 2

Rent Restrictions (Continuance and Amendment) Bill, 1952—Second and Subsequent Stages.

Question proposed: "That the Bill be now read a Second Time."

The object of the Bill is to prolong for a further year the existing Rent Restrictions Acts, which otherwise would expire at the end of this month. This is done by Section 1 of the Bill. There is, I think, general agreement that these Acts cannot be allowed to lapse in present circumstances because undoubtedly hardships on a wide scale would be caused if rent control were abruptly removed. In fact, as I indicated in the other House, I believe that rent control will be necessary for some years to come.

As Senators are no doubt aware, the report presented to me by the Rents and Leaseholds Commission on the subject of rent control is at present being examined. The report deals comprehensively with all aspects of the rent control problem and makes a large number of recommendations. It would not be possible to give these recommendations the careful consideration they deserve, and to draft amending legislation and pass it into law, before the existing Acts expire on the 31st instant. I hope, however, that I shall be in a position during the coming year to introduce whatever legislation may prove necessary. I have not yet received the report from the printers but when received it will be presented to both Houses of the Oireachtas and placed on sale.

Section 2 of the Bill is consequential on Section 1. It provides that landlords who incur expenditure on exceptional repairs may, during the period for which control is being continued, avail themselves of the existing provisions enabling them to increase controlled rents by a graduated percentage of the excess of their expenditure over two-thirds of the existing basic rent.

Having considered the matter fully, I have decided that I should not oppose this Bill. In coming to that decision I have been influenced by the fact that the Minister has indicated that the report of the commission which was set up over two years ago will be circulated very shortly and that he will, without delay—he has not pinned himself to any time—introduce amending legislation or perhaps completely new legislation following on the Government's consideration of that report. For these reasons I will not oppose this Bill.

However, the Minister has made the point that the reason for the Bill is mainly the fact that the present Act expires on the 31st of this month and, if it were not for this continuance Bill, great hardship would be caused. By that he means, I think, that great hardship would be caused to tenants. There is no word at all about the difficulties of the unfortunate landlords whose property is let in many cases at entirely uneconomic rents. There has been a great deal of hardship caused to landlords as a result of the passing of the Rent Restrictions Acts from 1914 up to last year. Undoubtedly there was grave necessity for legislation of this kind to protect tenants from rapacious landlords. Were it not for this legislation, undoubtedly the lot of the tenant would be very different; but I assure you that because of the statute law as it stands to-day the lot of the tenant is a very happy one and the lot of the landlord in many cases is a very sad one.

Generally speaking, the landlords of this country are landlords of one, two or three houses, the rare exception being the landlord who owns very many houses. The landlords of one, two or three houses, in the main, exist, or endeavour to-day to exist, out of the rents of those houses. Pre-1939, perhaps, they had a reasonable income from those rents, but to-day, because of the fall in the value of money, because of the increase in rates and because of the excessively high cost of repairs and their inability to recover a proportion of that cost, the income is very seriously depleted. By allowing this Bill to be passed, we may be seeing that no hardship is caused to tenants, but I am afraid that, for another 12 months at least, we will be allowing hardship to be caused to landlords. Therefore, I would say to the Minister that this time next year I would expect him to be able to do a little for landlords who find themselves in a difficult position because of the statute law in regard to landlord and tenant relationships to-day, because of the fall in the value of money and because of the increase in rates. Many of them are in a bad way.

Because of this legislation, they do not get anything like a corresponding increase in rents to make up for the increase in the various outlays they have. Undoubtedly, this statute is necessary, as otherwise things would be very difficult for the tenant. Certainly, from 1918 on, steps had to be taken to see that the lot of the tenant was not made a misery and this restrictive legislation had to be passed; but to-day the tenant is considerably better off, generally speaking, than his landlord, who, because of this law, is in a most unfortunate situation.

For these reasons, I will expect that, when again introducing a Bill of this kind, either to seek renewal because he is not ready to deal with the report, or because he is ready to bring in new legislation following on the report, the Minister will consider not merely the tenant but also the landlord.

Naturally, that will be done. There was not a long debate in the other House on this whole matter. The reason we think we will take a whole year is that, owing to the printers' strike, the report has not been printed or circulated. I got it on 24th June. It was sent to the printers about the beginning of August and we did not get it back until the middle of October. Senators will agree that everyone affected by a report of that kind, both property owners and tenants, should have an opportunity to study what is in it and let the Government know their reactions. Consequently, it will be some time before we can take an official decision on what the new Bill is to be like. I expect that certainly by this time 12 months the Bill will be in the House, whether it is through this House or not.

The next session of the Dáil, from March onwards, is generally taken up with financial business—even last year we did not finish that business at the end of July—so there is no prospect of having a new Bill of this kind considered in the other House until the beginning of the autumn session. I fully expect, however, that by this time next year, if the Bill is not completely out of the Seanad it will at least be here. I hope there will be no necessity to have this Bill renewed as it stands, without considering all interests. Naturally the interests of all concerned will be considered. If the Government has not shown that in the new Bill, we have people in the Dáil and Seanad who will be interested in all aspects of the problem and they can put down amendments and state their views.

From the fact that this Bill extends the Rent Restrictions Acts for a year it should not be taken that we agree with the programme of the Minister. Assuming that he is still there—a question which I need not raise——

That is something none of us knows anything about. I do not know any more than the Senator about that.

If he hides behind the shadow of financial business and does not get the Bill drafted and so does not get it introduced until the autumn, he will not have it passed through within a year.

If I have the Bill ready, I will try to have it introduced here before the financial business. However, that is not a promise.

I think the Minister could help both himself and us by doing that. It is something in which I think we can help.

We certainly will consider that. It may save time.

Question put and agreed to.
Agreed, to take the remaining stages to-day.
Bill passed through Committee without amendment, reported, received for final consideration and passed.

As previously agreed, Motion No. 12, in the names of Senator O'Brien and Senator Douglas, will be taken at 7 o'clock.

We will meet to-morrow.

If necessary.

Business suspended at 6 p.m. and resumed at 7 p.m.

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