Fianna Fáil Spokesperson on Housing, Planning and Local Government, Darragh O’Brien has called on third level universities and institutions to offer partial refunds for accommodation to students.
Most students across the country have vacated their on-campus accommodation and returned home amidst the COVID-19 pandemic. Deputy O’Brien said: “So far, some Universities have offered refunds to students but not all have done so, and I am calling on the rest to do the right thing here and refund students their money. “I have submitted an amendment under the Emergency Measures in the Public Interest COVID-19 Bill 2020. It outlines how all relevant payments for accommodation provided under section 13(d) of the Planning and Development Housing and Residential Tenancies Act 2016 shall be refunded within three months for the relevant period if the accommodation has been vacated by the licensee due to the suspension of Higher education activity due to Covid-19.” “This amendment places a statutory obligation on student accommodation provers to refund rent for this term of third level due to Covid-19 closures. Students should not have to pay for a service they do not get. “I have been contacted by students who have left their accommodation as a result of the COVID-19 crisis which forced the closure of college campuses across the country. Only some Universities and institutions have been offering the partial refunds. In private rented accommodation landlords are refusing to offer students. “Providers who are holding on to prepaid rents need to do the right thing here,” concluded Deputy O’Brien. EMERGENCY MEASURES IN THE PUBLIC INTEREST (COVID-19) BILL 2020
This amendment removes the discretion from the Minister in setting the commencement date of these measures. It aims to give clarity and certainty that they will start from Monday March 30th after the President signs the law over the weekend.
4.1.(c) Subject to a vote of approval by both Houses of the Oireachtas. This amendment places the power to extend the measure in the hands of the Oireachtas after the three-month emergency lapses. The government’s proposal is that they can unilaterally decide to extend it effectively by-passing both houses of the Oireachtas. The significant powers contained in this bill should be proportionate, effective and subject to oversight and review. This amendment ensures that high level of oversight and ultimately approval by both Houses.
As per the amendment above.
(3) For the sole purposes of section (8), tenancy under section (8) also applies to licensees as defined under the Residential Tenancies Act 2004. This amendment extends the provisions of tenancy protections to Rent a Room schemes. It means that renters in the scheme cannot be evicted during the three month period bar for extreme anti-social behaviour. The normal situation will revert after the crisis as it is the principal private residence of the landlord. Any long term changes would undermine the attractiveness of the scheme.
Section 8. A “All relevant payments for accommodation provided under section 13(d) of the Planning and Development (Housing) and Residential Tenancies Act 2016 shall be refunded within three months for the relevant period if the accommodation has been vacated by the licensee due to the suspension of Higher education activity due to Covid-19.” This amendment places a statutory obligation on student accommodation provers to refund rent for this term of third level due to Covid-19 closures. Students should not have to pay for a service they do not get.
Section 8.B. “All Housing Assistance top up payments shall be compensated by the Minister to Tenants affected by Covid-19” The HAP top up payment is overstretching tenants. Given the vulnerable status of these tenants they require additional support for those impacted by Covid-19. The state needs to step in to support these tenants.
Section 8.C. “The Residential Tenancies Board shall issue a report assessing the effectiveness of the measures contained in Part 1 and Part 2 after a three-month period. Said report shall be laid before both Houses of the Oireachtas. The report shall cover
The proposals contained in this legislation require the goodwill and co-operation of all stakeholders if they are to protect tenants and secure the viability of the rental sector. The RTB has a central role to play in supervising its impact and the level of adherence to ensure no bad faith is shown. It can also draw lessons from the experience to apply to long term housing policy. This amendment mandates the RTB to report on these matters to the Oireachtas to help ensure full transparency over the legislation and informed future debate.
Section 8.D. “All fees under Section 137 of the Residential Tenancies Act 2004 as amended by the Residential Tenancies (Amendment) Act 2019 are suspended for a 12-month period effective from March 30th 2020.” A large number of new properties have come back onto the rental market as a result of the AirBnB and other short term lettings collapse. This is a welcome development albeit it exposes the weakness in our current regulations. We need to attract more into long term renting to confront the crisis in the sector. We should also recognise the contribution of decent landlords to these protective measures. Suspending registration fees would be a measure to reduce costs and ease access to the long term rental sector.
Section 8.E. “The Minister shall publish regulations setting out payment break criteria for all mortgages under the Re-Building Ireland Home loan scheme .” There have been serious concerns raised by Re-Building Ireland Home loan holders that the forbearance protections afford to mortgage holders with the main banks have not been extended to them. Given the scale and intensity of the crisis these homeowners should be fully protected within the umbrella of polices to help them keep their homes without severe financial or credit penalties. This amendment mandates the Minister to set out clear guidance to each Local Authority to help affected homeowners.
Section 8.F. “The Minister shall publish regulations setting out payment break criteria for all mortgages under Credit servicing firms as defined by the Consumer Protection (Regulation of Credit Servicing Firms) Act 2018.” The main pillar banks have agreed set procedures to provide forbearance to mortgage holders in distress due to Covid-19. This amendment extends those provisions to all mortgage holders outside of those banks i.e Vulture funds etc. The definition is drawn from Michael McGrath’s Consumer Protection (Regulation of Credit Servicing Firms) Act 2018 that the government agreed with and was passed into law.
“relevant property” has the same meaning as it has in the Valuation Act 2001, “emergency period” means the period beginning on 26 March 2020 and ending on 31 May 2020. (2) Where a relevant property is occupied by a person engaged in a business and the business of that person has been adversely affected by Covid-19 to a significant extent, the emergency period shall not be reckonable in the calculation of the rate levied by a rating authority in the local financial year. (3) When calculating the amount of the rate to be levied in accordance with the formula provided for in section 4(2) the rating authority shall deduct from the amount calculated as ordinarily payable a sum equivalent to that proportion of the rate attributable to the emergency period. This amendment removes commercial rates for the emergency period. The current government position is a deferral for two months which we believe is insufficient. This amendment builds on a separate bill FF published to introduce a complete moratorium on rates for affected businesses for up to 12 months that we hope the Dail can agree in the coming weeks as a measure to help business re-build. In the interim period this amendment will help to take pressure off business in the short term.
“Act of 1980” means the Landlord and Tenant (Amendment) Act 1980 “emergency period” means the period beginning on 26 March 2020 and ending on 31 May 2020, (2) A landlord shall not terminate or serve a notice of termination in relation to a lease or tenancy during the emergency period. 3) A tenant who, but for the operation of subsection (2), would not acquire any rights under Part II of the Act of 1980 shall not, by virtue of such operation, acquire such rights. This amendment effectively extends the provisions we are extending to renter to businesses who are renting premises. It protects businesses from evictions during the emergency period. This is critical in protecting businesses and giving them a fighting chance to re-build once the crisis has passed. Alot of parents and childcare providers have been in touch in relation to childcare plans.
The Department of children released details of measures to support both providers and parents last night. ⭕️Parents are not required to pay childcare fees during this Covid crisis, but will maintain their childcare places. The measures are as follows: 1. Revenue will reimburse childcare employers by 70% of their pre-Covid-19 staff costs. 2. In addition, the Department of Children and Youth Affairs will reimburse childcare employers by 30% of their pre-Covid-19 staff costs. 3. The Department of Children and Youth Affairs will pay a retention top-up so that all staff earn a minimum of €350 per week net. 4. The Department of Children and Youth Affairs will fund Childcare Providers with 15% of staff costs during the closure period to assist with their ongoing costs. These measures will apply for up to 12 weeks. Childcare Providers will be required to sign a new Covid-19 Emergency Agreement. This will require providers to agree to a number of conditions that will include: • Not charging parents for childcare fees from this month onwards. • Assure parents that their childrens’ places are as secure as they can be post Covid-19. • Agree to ensure staff are paid at pre-Covid-19 levels, plus, where they earned less than €350 per week, the balance up to €350 (which is the February 2020 wage or €350, whichever is the greater). • Take active steps to reinstate their staff that have already been laid off on the same terms as above (with staff reinstated on pre-Covid terms and conditions). • Staff would use this time for Continuous Professional Development (CPD) and other professional activities. Employers will use this time to catch up on administrative tasks and familiarise themselves further with the National Childcare Scheme (NCS) and any other resources, including new resources which will be developed in the coming weeks. • Give consent to Revenue to provide evidence of staff costs to allow the Department of Children and Youth Affairs to process payments to providers. State income is already in place for Childcare Providers until the end of this week. The Department of Children and Youth Affairs will roll out these measures as quickly as possible. I have also contacted the Department of Children & Youth Affairs seeking an urgent update regarding whether the ECCE payment will be paid to Childcare providers. #covid19 Fianna Fáil Spokesperson on Housing, Darragh O’Brien and Spokesperson on Transport, Tourism and Sport, Marc MacSharry have called on the government to tackle decisive action to protect the viability of Aer Lingus and Dublin Airport.
The Covid-19 crisis has devastated the aviation industry and its associated jobs with flights dramatically scaled back and airports effectively empty. Deputy MacSharry said: “Ensuring a smooth supply chain in terms of medical and other essential supplies, as well as food, has never been more important to Ireland. While passenger air travel must be avoided, Ireland will still need to use air transport for these essentials. I believe that the state should work with Aer Lingus to use their wide body aircrafts to offer cargo services, which will provide much-needed support to the airline while benefitting Ireland’s efforts against the virus.” Deputy O’Brien added: “It’s vital to Ireland as a small open economy to preserve a functioning aviation public infrastructure supporting good quality jobs. We need to take action to protect Aer Lingus and Dublin Airport as well as other regional airports and ensure they are in a position to recover once this crisis has passed. This is crucial in maintaining vital supplies during the crisis and re-building our economy once it passes.” “I and my party have been strong supporters of the Airport’s continued development and growth, and we won’t be found wanting at this difficult time for the airport.” “I am calling on Minister Ross to engage with Aer Lingus, CityJet, and other airlines, as well as the DAA and regional airports to set out a clear plan to save jobs and protect our vital connections across the globe. We need to see actions such as ensuring enough financial support and aid is immediately available to Aer Lingus and Dublin Airport, as well as other regional airports in Ireland to prevent insolvency. “We need to work at an EU level to ensure appropriate supports are in place to ensure the aviation industry is capable of a full recovery and to review specific financial support for all those employees in the aviation industry that goes above the Pandemic Payment. “Now is the time for clear action to protect lives and the long term strengthen of our economy,” Deputy O’Brien concluded. -New FF Bill will empower Minister to introduce a rate freeze for 12 months compared to current deferral until May- Fianna Fáil Spokesperson on Business, Enterprise, and Innovation Robert Troy TD has published a Bill to introduce a rates moratorium for struggling businesses. The Bill allows the Government to designate businesses impacted by COVID-19 exempt from Local Authority rates for up to 12 months. Businesses currently pay up to €1.5bn in rates each year. Current Government plans have seen a deferral of rates, up until May, to be implemented by each individual Local Authority on a case by case basis. Commenting on the Bill Deputy Troy stated, “First and foremost this is a public health crisis, but it also has unprecedented economic consequences. The economy is in deep freeze for the foreseeable future but businesses are still facing crippling bills. We need to give struggling businesses a chance by taking financial pressure off them and giving them the space to get going again once this crisis has passed. “The current government policy for a three-month rates deferral are nowhere near enough for sectors that are in complete free fall and are being introduced ad hoc by each Local Authority. We need a longer period of up to 12 months and clear legislative guidance on eligibility to provide complete certainty. “We need to show the same type of ambition and action undertaken to secure our health to supporting our businesses through an unbelievably difficult period. We can’t be afraid of bold actions to save jobs and protect livelihoods. “This Bill would allow the government to designate affected businesses and give them a break for up to a year from paying rates. Other businesses that are doing well would continue to pay rates to help fund vital local services. Combined with an aggressive stimulus package this will help business such as hotels, restaurants and pubs to survive then bounce back. I am calling on all parties to support the Bill and proceed with it as quickly as possible,” concluded Deputy Troy. |
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November 2023
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