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Dáil

Written answer

Departmental Communications

1687. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage to provide a list of all communications received by his Department since 1 January 2010 regarding the commencement of section 31 of the Housing (Miscellaneous Provisions) Act 2009 (details supplied); if those communications include any representations, submissions, or correspondence from local authority chief executives, county managers, or local authority representative bodies including the County and City Management Association; and if he will make a statement on the matter. [59612/26]

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1688. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the reasons section 31 of the Housing (Miscellaneous Provisions) Act 2009 has not been commenced in the seventeen years since its enactment; whether his Department has carried out any assessment of the impact of commencing the section; whether the question of commencement has been raised in any formal review, consultation, or policy process within his Department since 2009; and if he will make a statement on the matter. [59614/26]

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1689. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage whether he intends to commence section 31 of the Housing (Miscellaneous Provisions) Act 2009; and, in light of recent unilateral increases in differential rent schemes by multiple local authority chief executives without a vote of elected councillors, whether he considers the commencement of that section to be necessary to restore democratic accountability over rent-setting in local authorities; and if he will make a statement on the matter. [59617/26]

Comment on this
James Browne Minister for Housing, Local Government and Heritage Fianna Fáil

I propose to take Questions Nos. 1687, 1688 and 1689 together.

Section 31 of the Housing (Miscellaneous Provisions) Act, 2009 (the Act) provides for the introduction of a statutory framework whereby local authorities would be required to adopt a statutory scheme for the charging of rents and other housing related charges. The section includes a provision for the making of regulations prescribing matters to be included in a rent scheme including, among other matters, types of income to be included in an assessment, rent reviews, hardship provisions etc. The section also provides for the making of such a rent scheme to become a reserved function.

Currently, local authorities charge rent under the 1966 Housing Act, this is known as the 'differential rent' system and is a critical piece of the State's welfare apparatus, subsidising housing costs and supporting households who cannot meet their long-term accommodation needs from their own resources. The making or amending of such rent schemes is generally a matter for the executive of local authorities within broad principles set out by my Department, including that rent levels should be based on income and reflect tenants’ ability to pay and also that they contain a hardship clause, under which tenants can pay a reduced rent for a specified period and under certain circumstances. These good practice principles also include periodic reviews of a tenant's rent to reflect current household income and circumstances. Local authorities should also review their schemes regularly to ensure their scheme is equitable and appropriate to household means.

Democratic accountability for local authority rent setting is exercised primarily through the elected council's budgetary processes, a reserved function of the elected members, with differential rents comprising a significant portion of local authority revenue.

The Housing Plan, Delivering Homes, Building Communities, commits to reviewing rents paid by local authority and AHB social housing tenants with a view to introducing a national framework that provides a consistent and equitable system of rents and protects vulnerable households.

My Department is progressing, with the assistance of the Housing Agency, detailed analysis of existing rents schemes in order to explore the range of reform options that may be available. It is essential that any potential options place sufficient emphasis on achieving the best blend of equity, progressivity and sustainability, and critically, protect those on lowest incomes and at greater risk of poverty. The commencement of section 31 of the Act is being considered as part of this review. Furthermore, Action 56 of the Local Democracy Taskforce – Government Implementation Plan aligns with the Housing Plan commitment and this work.

In relation to a list of all correspondence all communications received by my Department since 1 January 2010 in the matter of the commencement of section 31 of the Act the information sought is not readily available in my Department. Given the considerable timeframe and potential volume of records involved its compilation would involve a disproportionate amount of time and work.

My Department engages on a regular basis with local authorities and their representative bodies across a broad range of housing policy and operational matters. Such engagement takes place through formal and informal channels, including meetings, correspondence, working groups and other consultative forums, and may include discussion of legislative provisions relevant to the operation of the social housing system.

I remain committed to progressing the action in Delivering Homes, Building Communities and I will give careful consideration to the results of my Department's analysis which I expect will be submitted for consideration later this year. Any proposal to implement a standardised national rents framework or alternative reform will be considered by Government thereafter, as appropriate.

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