9 December 2011
The Minister for Justice, Equality and Defence today thanked the Seanad for having a special sitting in order to facilitate the passing of two pieces of legislation and the progression of a third. The two pieces of legislation which where passed were Property Services (Regulation) Bill 2009 and The Criminal Law (Defence and the Dwelling) Bill 2011.
Having already passed all Dáil stages, the Property Services (Regulation) Bill 2009 was approved by the Seanad this morning and it is expected to be signed into law by the President within the next few days. The primary purpose of the legislation is to establish the Property Services Regulatory Authority with a mandate to set and enforce standards in the provision of property services by auctioneers, letting agents and property management agents and to provide redress mechanisms for consumers of those services.
Speaking about this legislation the Minister said
"I intend to bring the Bill into force as soon as practicable in the New Year. With a view to achieving this objective, I have already – earlier this week – published advertisements inviting expressions of interest from suitably qualified members of the public who wish to be considered for appointment to the new Authority."The Minister said that he had introduced amendments to give the Authority statutory responsibility for the publication of residential property sales prices and the establishment and maintenance of a Commercial Leases Database. This would introduce much-needed transparency and help to revive confidence in residential and commercial property markets.
The lack of transparency, and the absence of proper consumer protection standards, had contributed in no small way to the problems of recent years. That was the reason why the Programme for Government contained a strong commitment to transparency and consumer protection. Minister Shatter said that he was pleased to be in a position to deliver on that commitment in this legislation.
The Criminal Law (Defence and the Dwelling) Bill 2011 clarifies the law concerning the use of force by a householder when under attack by an intruder in their home.
The Bill recognises the special constitutional status of an individual’s family home and makes it clear that a person may use reasonable force to defend themselves in their home:
- It provides that a person who uses such reasonable force cannot be sued by a burglar in respect of any injury, loss or damage arising from it;
- It explicitly provides that a person attacked in the home is not required to retreat;
- It extends the right to use such reasonable force to the curtilage of the dwelling and
- It acknowledges, that in circumstances where it is reasonable to do so, the force used may, unfortunately result in death.
Speaking after passage of this Bill Minister Shatter said
“The first recourse of any householder faced with a burglary should be, where circumstances permit, to the Garda Síochána. They are best placed to deal with violent offenders and to investigate offences. This Bill addresses those unfortunate situations where a householder comes face to face with a burglar. It will allow householders to use reasonable force to defend themselves against attack. The force they use must be reasonable in the circumstances as they believe them to be. It is in no way a licence for the use of unwarranted aggressive force. Nor is it a licence to kill.”The Bill is also expected to be signed by the President shortly.
The Bill which is being progressed and has now passed second stage in the Seanad is the Jurisdiction of Courts and Enforcement of Judgments (Amendment) Bill 2011. The primary purpose of this Bill is to implement the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed at Lugano on 30 October 2007. It also specifically applies to orders made in family cases. The 2007 Lugano Convention is to ensure that the same regime will apply for the recognition and enforcement of judgments moving between Switzerland, Norway and Iceland and the EU as the regime which at present prevails within the European Union for judgments coming from the Member States.
The 2007 Convention was concluded by the European Community in May 2009 and has since been ratified by all of the relevant EFTA countries.
The Minister concluded
“I would like to thank my colleagues in the Seanad for facilitating the enactment of these two important Bills in the Seanad today and for concluding the legislative process in the Houses of the Oireachtas and for facilitating the further progression of the Jurisdiction of Courts and Enforcement of Judgments (Amendment) Bill 2011. ”ENDS
Note to Editor:
Property Services (Regulation) Bill 2009
The advertisements inviting expressions of interest from suitably qualified members of the public who wish to be considered for appointment to the Property Services Regulatory Authority are on the Department’s website (
www.justice.ie) as well as on the website of the Public Appointments Service. The closing date for submission of expressions of interest is 21 December.
Minister Shatter said that the principal functions of the new Authority will be as follows:
(a) Issue and renew licences for auctioneers, letting agents and property management agents;
(b) Establish and maintain an on-line Register of licensees;
(c) Specify and enforce education and training and other relevant qualifications, including minimum levels of professional indemnity insurance for licensees;
(d) Establish and administer the Property Services Compensation Fund which will compensate clients and customers who suffer a financial loss as a result of dishonesty on the part of a licensee;
(g) Investigate and adjudicate on complaints against licensees;
(h) Promote public awareness and consumer protection.