Vol. 933 Thursday, No. 2 15 December 2016 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Business of Dáil � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 Leaders’ Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 16 15/12/2016Q00700Questions on Proposed Legislation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 25 Anti-Evictions Bill 2016: First Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 31 15/12/2016T00900Residential Tenancies (Housing Emergency Measures in the Public Interest) (Amendment) Bill 2016: First Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 33 15/12/2016U00800Presentation of Estimates: Motion � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 35 15/12/2016U01100Standing Orders: Motion � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 35 15/12/2016U01400Common Corporate Tax Base: Motion � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 37 15/12/2016V00200Social and Affordable Housing Bill 2016: Second Stage (Resumed) [Private Members] � � � � � � � � � � � � � � � � 41 15/12/2016X00100Flood Prevention Measures: Motion (Resumed) [Private Members] � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 45 15/12/2016Y00100Horse and Greyhound Racing Fund Regulations 2016: Motion (Resumed) � � � � � � � � � � � � � � � � � � � � � � � � � 48 15/12/2016Y00500Broadcasting (Amendment) Bill 2016: Second Stage (Resumed) [Private Members] � � � � � � � � � � � � � � � � � � 51 Council of Europe: Appointment of Representatives � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 54 15/12/2016Z01400Business of Dáil � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 54 15/12/2016AA00200Road Traffic Bill 2016 [Seanad]: Report Stage (Resumed) and Final Stage � � � � � � � � � � � � � � � � � � � � � � � � � 55 15/12/2016OO00100Planning and Development (Housing) and Residential Tenancies Bill 2016: Order for Report Stage � � � � � � � 82 15/12/2016OO00400Planning and Development (Housing) and Residential Tenancies Bill 2016: Report Stage � � � � � � � � � � � � � � 82 15/12/2016WWW01600Business of Dáil � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 157 15/12/2016XXX02800Message from Seanad � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 160 DÁIL ÉIREANN Déardaoin, 15 Nollaig 2016 Thursday, 15 December 2016 Chuaigh an Leas-Cheann Comhairle i gceannas ar 10 a�m� Paidir. Prayer. Business of Dáil 15/12/2016A00200An Leas-Cheann Comhairle: I understand the Government Whip has a proposal to make� 15/12/2016A00300Minister of State at the Department of the Taoiseach (Deputy Regina Doherty): It is proposed, notwithstanding anything in the Orders of the Dáil of Tuesday or yesterday, that today there shall be no suspension of the sitting after the weekly division time and that if the proceedings on the Report and Final Stages of the Road Traffic Bill 2016 have concluded before 3�30 p�m�, Questions to the Tánaiste and Minister for Justice and Equality shall take place im- mediately following the weekly division time� 15/12/2016A00400An Leas-Cheann Comhairle: Is that agreed? 15/12/2016A00500Deputy Richard Boyd Barrett: It is not agreed� 15/12/2016A00600Deputy Brendan Howlin: No, it is not agreed� The expectation of the House was that the Planning and Development (Housing) and Residential Tenancies Bill would be before us today� In fact, the expectation is that the Bill would be concluded today in order that it could go to the Seanad and be law before Christmas� Thousands of tenants are looking at this House expecting that to happen� The proposal that we should simply not deal with it or that we might have a revised Order later in the day, if agreement is reached between two parties in the House, is wholly unacceptable� Not only is it unacceptable, a Leas-Cheann Comhairle, it is an insult to the rest of us� I propose that we deal with the Planning and Development (Housing) and Residential Ten- ancies Bill� A range of amendments have already been submitted by parties and individuals in the House� We should let the majority in the House determine the policy in this area� If “new politics” is to mean anything, then let the majority in the House decide these matters� The ma- jority cannot be thwarted by any minority� 15/12/2016A00700Deputy Richard Boyd Barrett: We object fundamentally to this change in the Order� It 2 15 December 2016 is absolutely unacceptable� It was agreed at the Business Committee and there is a widespread expectation in the House and beyond that a Bill dealing with the disastrous rental crisis will conclude in the Dáil today and that we will sit for as long as it takes to conclude that Bill� More- over, the expectation was that the issue of rent caps, rent controls, rent certainty - whatever way we term it - would be dealt with� 15/12/2016A00800An Leas-Cheann Comhairle: We will not go into the detail� 15/12/2016A00900Deputy Richard Boyd Barrett: Excuse me? 15/12/2016A01000An Leas-Cheann Comhairle: We will go into the principle of it� 15/12/2016A01100Deputy Richard Boyd Barrett: I am simply pointing out the expectation inside and out- side the House� Instead, all of that will be scuppered because Fianna Fáil and Fine Gael are rowing over how much profit landlords should make out of this entire situation. That is totally unacceptable� 15/12/2016A01200An Leas-Cheann Comhairle: The Deputy opposing the proposal� Is that correct? 15/12/2016A01300Deputy Richard Boyd Barrett: We oppose the Government proposal� There has to be a vote on it� 15/12/2016A01400Deputy Catherine Murphy: This is the first time in the history of the State that the Dáil has the prospect of dealing with its own agenda� This smacks of the same thing we heard from the last Government to the effect that it was a national government� In those days, anyone behind the division barrier on my left was treated as though they did not exist� We are seeing exactly the same scenario today� Either there is a Business Committee or there is not� This Dáil is not only made up of Fianna Fáil and Fine Gael� I have serious problems with the Bill� I agree with some of what those in Fianna Fáil are saying in respect of the inclusion of other areas� However, the idea that the business of the Dáil can be changed in such a unilateral way is completely unacceptable� 15/12/2016A01500Deputy Eamon Ryan: In addition to the concerned expressed is the fact of how the whole process is being amended as well as the time we were given to consider amendments� This raises the question of why we are pulling it� It adds to the problem� As I understand it, the only difference, as articulated on the radio this morning, is over how rent limits are extended to other areas outside Dublin and Cork� We have not had time to consider some of the amendments� I do not see why we should not proceed with the Bill� If that is the only difference, the amendment can be discussed here� It should be thrashed out in debate in the House on Report Stage� This is the perfect place to do it, rather than leave our country in an uncertain position and leave people facing rent increases that will be caused by the uncertainly of this whole pro- cess� 15/12/2016B00100Deputy Micheál Martin: First, I want to make it clear that we want to be constructive and engage on the critical issue of the Planning and Development (Housing) and Residential Tenan- cies Bill 2016 in terms of rent certainty and so on� I do not believe the Bill should have been pulled� There was no need to do that� As a general point, I think the whole idea - at the 11th hour in the parliamentary schedule, in the last day or two of the session - of bringing in substan- tive legislation pertaining to rent certainty was somewhat reckless and, in my view, disrespect- ful to the House and calculated, in a way, to get into difficulty. The narrowing of the space to try 3 Dáil Éireann to get this matter resolved was unnecessary� If we have learned anything from the past, the most notable illustration of this type of approach was the water services legislation that was rammed through in 48 hours some years ago� We in this House should have learned lessons� We do not have to ram stuff through in 48 hours on Report Stage of a Bill� The general public might not get the detail of all of this, which I appreciate, but there was no Second Stage or Committee Stage debate on these amendments� They were announced on Tuesday� 15/12/2016B00200Deputy Brendan Howlin: To the press, rather than here� 15/12/2016B00300Deputy Micheál Martin: Every Deputy was told: “You take it as a fait accompli in its en- tirety, essentially, and there is no change� Take it this way and no other way”� I do not agree with that approach� We will continue to endeavour in respect of this matter and we are still open to engaging