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Opinion It is time to ban employers from keeping workers' tips

‘A pattern began to emerge: the more sophisticated the operation the more sophisticated the method of syphoning the tips’, writes James Larkin.

I WORKED AS a waiter in three establishments. They were very different from each other, one was a café while another was a fancy restaurant.

They all had one thing in common though – in each workplace, the management employed a different method of dipping into my tips.

When I started to research the issue I was shocked to find out that I had no legal right to my tips.

My first experience as a waiter was in Kildare where I worked in a café that had just opened. The owner had grand ambitions for us and set about creating a friendly and motivated atmosphere amongst the staff.

But we still only earned minimum wage, and due to the setup of the café, tips were low. Worse, we soon discovered that the few tips we did earn weren’t ours.

The owner had decided, on our behalf, that because the tips were so low there was no point in dividing them up between us. Instead, he decided they should be used for staff parties.

The most egregious example of unfair tipping came in my next experience.

I began working in a new restaurant-cum-wine bar in Dublin city centre, where I expected things to be a little bit more professional. They weren’t. 

As soon as I started I was told that 10% of tips were taken for ‘breakages’.

Then after subtracting that 10% the manager would hand out the tips based on a quick (and often incorrect) calculation of hours worked and seniority.

Each evening our tips were significantly smaller than we had expected.

I soon found out that the tips were also being used to balance the cash register if it was down money. Needless to say, if the till was over, the surplus was not placed in the tip jar.

In that restaurant, I estimated that around half of my tips were going back to management.

I was sure that this must be illegal, but then I looked into it and found I’d no recourse – as tips are not currently regulated.

In my third job as a waiter, I started working for an international chain of restaurants.

It was at this stage that a pattern began to emerge: the more sophisticated the operation, the more sophisticated the method of syphoning the tips.

At the beginning, I had a two-hour trial during which I did not receive any of my tips. Then when I got the job I started my training period, during which I also did not get any of the tips I earned. 

Other members of staff told me that they were incentivised to make my training period last for as long as possible so that they would get to keep my tips.

Then when I passed through training, I was told that a percentage of my tips were taken for ‘breakages’.

This practice seems to be the rule rather than the exception. But surely replacing the odd broken plate is a normal cost in a business that uses lots of plates. 

Imagine that in any other workplace – it is the equivalent of telling office staff to throw in a tenner each, because the photocopier is broken. 

From the customers’ perspective too – when someone tips at a restaurant they expect it to go to the waiting staff and not to management or the owners.

We all know that living on minimum wage isn’t easy, especially with the sky-high rents in Dublin. That extra income from tips can make the difference between paying rent at the end of the month or not.

More importantly, there is a feeling of injustice. You worked hard to earn that money, perhaps you were tired that day but you still smiled and made conversation, your extra effort is what brought in the tip. 

Then that money is taken from you, without discussion or consideration, just because it suits those in authority. 

Regulating tips would be a small change, but a just change, and it is one that has gained cross-party support in the UK and Canada.

By giving workers a right to their tips you would empower those earning the least in society, help them pay for necessities and give them a greater sense of control over their lives.

James Larkin is a PhD student who no longer works as a waiter. He is writing in support of The Protection of Employee Tips Bill, which was debated in the Seanad last night and was proposed by Sinn Féin Senator, Paul Gavan. 

The bill, if passed into law, would make it illegal for an employer to withhold or deduct tips from an employee without a lawful excuse. It would also require employers to display their tipping policy to provide transparency as to how the tips are distributed. 

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    Mute ChuckE
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    Apr 10th 2019, 11:50 AM

    I was at a blindboy gig last Friday in naas and colm O’Gorman pretty much said on the topic of vulture funds that we can legislate for this. We don’t need a referendum. We just need to give our (landlord) politicians as much hassle as we can until they listen and legislate to halt vulture funds buying up housing

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    Mute Shane Murphy
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    Apr 10th 2019, 11:54 AM

    @ChuckE: pretty much single decision maker and td here is a property owner. They don’t have to be a landlord to want rising prices !

    39
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    Mute Mushy Peas
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    Apr 11th 2019, 8:45 AM

    @Shane Murphy: TDs should be forced to sell all investments, at market rate with tax exemption, prior to taking the role. The role is well paid and has a pension. If they want to make further investments they can do so when they relinquish the role.

    Fairly simple.

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    Mute Marg FitzGerald
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    Apr 11th 2019, 12:37 PM

    @Mushy Peas: They would just transfer to family members.

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    Mute TimBuck2
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    Apr 11th 2019, 8:14 AM

    People saying well move 2-3 hours outside whats the big deal. Big deal is why should they have to move outside? These people work in Dublin, their siblings their parents their kids are born there, their network is in Dublin. Why spend 6 hours a day travelling to and from work. Any working citizen should be able to afford to live in our capital city. Because it’s possible to commute huge distances doesn’t mean it should be normal. From studios to penthouses, all budgets and needs should be catered for. At least in German cities there are places for top dollar for those who want, and then also places as low as 300-400 for those who can only afford that. And thats just the private German market, they have massive amounts of social housing too. Now we have a situation in Dublin where the dingiest dirtiest 1 room kip is renting for 1600 pm, with furniture pulled from a skip in the 80s. Not right at all.

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    Mute Renton Burke
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    Apr 11th 2019, 8:43 AM

    @TimBuck2: no one has addressed the fact that the writer only needs a single bedroom unit, and like every other millennial working couple, they are looking for a three bedroom house, pushing up the competition with those with 2+ kids for “future potential bigger family”. if they want the German model don’t ever put aside savings and be happy to splash out now on a luxury 1 bed in the city, and get used to higher rent for when you need to upgrade.

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    Mute Simon McGrath
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    Apr 11th 2019, 9:00 AM

    @TimBuck2: no one mentioned a 6 hour commute. You can find a new build, 2 bed in kilcock going for 275k at present. 45mins on train to Connolly. Can’t go wrong with that.

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    Mute thesaltyurchin
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    Apr 11th 2019, 9:03 AM

    @TimBuck2: Limerick and Galway are 2-3 hours away, maybe a bit of an exaggeration? The problem as well as housing is insufficient transport infrastructure, if you could get to you family in 20 minutes that would be plenty close enough? Well if transport was sorted out all the surrounding counties would be options. In a free-market (lol!) capitalist society you cant expect preferential treatment, you just wont get it. Unless you’re rich or to a certain extent poor.

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    Mute Sam Harms
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    Apr 11th 2019, 9:14 AM

    @TimBuck2: sorry to disappoint you but not everyone who wants to love in Dublin is going to be able to there aren’t infinite amounts of space. And Dublin is no different to any other capital city, if you want to live near a capital city you are going to pay a premium for doing so.

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    Mute Gareth Keenan
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    Apr 11th 2019, 9:39 AM

    @Renton Burke: only needs a single bedroom unit?? Did you miss the part where he said he was paying crèche fees?

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    Mute Sarah
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    Apr 11th 2019, 10:09 AM

    @Renton Burke: Ignoring the fact that this couple have kids and you obviously did’t read the article. Do you think that young people should lock themselves down in 30+ year mortgages and spend obscene amounts for a one-bed shoebox which will pretty much guarantee they’ll never have room for children? These couples aren’t 20 the average homebuyer in Ireland is in their 30s how long do you think they feasibly have if they want to start a family? They’re thinking long-term and besides the idea of a starter home needs to die, especially when most millennials can’t afford a home. Period.

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    Mute The Great Unwashed
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    Apr 11th 2019, 2:39 PM

    @TimBuck2:
    Since the year dot there has been a premium placed on more desirable properties. This applies at every level, whether it’s the most desirable property in the street, the most desirable street in the neighbourhood, the most desirable neighbourhood in the city or the most desirable city in the country.
    Like it or not we live in a system where supply and demand is king, and you’ll always be competing against someone else’s money for a desirable resource.
    Government could certainly do more to legislate though.

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    Mute Simon McGrath
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    Apr 11th 2019, 7:34 AM

    Plenty of new builds for sale outside of Dublin that are within your price range.

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    Mute Dr. X (Official Continuity Faction)
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    Apr 11th 2019, 8:16 AM

    @Simon McGrath: Shut up.

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    Mute Mick paisley
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    Apr 11th 2019, 8:24 AM

    @Dr. X (Official Continuity Faction): Why should he? He is, in my opinion, pointing out a valid option. You on the other hand, have nothing more intelligent to say than “shut up”. I’d love to have a 3 bed gaff in Dublin 4, or even Dublin 12 for that matter, but I don’t. Instead of writing articles moaning about it, I made do with a commuter town. I’ve had to alter my hours and make a few lifestyle changes, but I’m taking the positives out of it, and maybe in 10 years I will have the money to move to Dublin 12.

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    Mute Simon McGrath
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    Apr 11th 2019, 8:55 AM

    @Mick paisley: likewise Mick. As much as I would have preferred to live in Dublin my budget and other factors dictated where I bought in the end. Such is life I’m afraid. I have no complaints about this decision.

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    Mute thesaltyurchin
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    Apr 11th 2019, 8:56 AM

    @Mick paisley: Or we may all get the transport options we deserve and you can be there in 30 minutes.

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    Mute brendan H
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    Apr 11th 2019, 8:59 AM

    @Dr. X (Official Continuity Faction): That was a fairly comprehensive argument fair play.

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    Mute Sam Harms
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    Apr 11th 2019, 9:17 AM

    @thesaltyurchin: why don’t people fight for better transport then rather than housing in Dublin?

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    Mute Mick paisley
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    Apr 11th 2019, 10:42 AM

    @Sam Harms: It would make more sense. If everyone that wanted to live in Dublin could afford it, there would be a huge shortage of houses. Maybe 100k or more people moving back from kildare, Louth, Meath, Wicklow and further. Dublin couldn’t cope. Go to the new estates in these counties, and the majority aren’t from the area, they are there because its were they can afford. Ironically this pushes the locals further down the country in a lot of situations.

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    Mute Shane Murphy
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    Apr 11th 2019, 10:49 AM

    @Sam Harms: there is colossal amount of land in Dublin. There are bloody farms within the m50 for god sake. Dublin port could be used for housing. Have you ever flown into Dublin ? This nonsense about a lack of land is comedy. !

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    Mute MrMagoo
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    Apr 11th 2019, 7:42 AM

    A simple solution would be to allow the planners to grant planning permission with a stipulation that the properties can only be sold to owner occupiers. London has this.
    We can introduce laws overnight to halt the rise of Airbnb so why not introduce these planning clauses here. ???

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    Mute Shane Murphy
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    Apr 10th 2019, 11:52 AM

    It’s absolutely disgusting. Turn the most basic human need, into a cash machine. People will slash all other expenditure to pay for a roof over their head , including food. They wish to create a society of renters they can control and extort their entire life. Fg claiming they represent the working man is an insult!

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    Mute Sarah
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    Apr 11th 2019, 7:03 AM

    Just be sure to keep voting ffg because ah sure “they’re are no alternatives”

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    Mute Barry Somers
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    Apr 11th 2019, 7:14 AM

    @Sarah: what is your alternative?

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    Mute Sarah
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    Apr 11th 2019, 7:44 AM

    @Barry Somers: the only party that stands a chance realistically is SF. Do I agree with everything they say? Of course not. But continuing to vote ad nauseum for FF/FG in a never ending cycle will continue this open contempt they appear to have for the average Irish citizen, they will continue to push policies that benefit no one but an elite cohort because sure the sheeple will always continue to vote for them, as if by divine decree they have an inherit right to be in power. I think the greatest damn trick FG and the Irish Media have pulled in the last decade is convincing the Irish people that “things could get worse” and “there are no alternatives” so keep voting for more of the same..

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    Mute Willy
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    Apr 10th 2019, 11:48 AM

    No doubt FFG will be opposed… Most sold already anyways..

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    Mute Humphrey Harold Haddington
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    Apr 10th 2019, 11:52 AM

    @Willy: Of course they will oppose the mess they created…..No money for their mates to make if every family actually owns their home….

    54
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    Mute Whoswho
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    Apr 11th 2019, 7:58 AM

    @Humphrey Harold Haddington: Best of luck buying a home when you’re competing with big American corporations as a result of FFG laws brought in.

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    Mute James Rhatigan
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    Apr 11th 2019, 7:50 AM

    Why not buy a large house in Mullingar. Just an hour by train from Connolly Station. At your budget you will a have huge selection of properties to purchase.
    Best of luck.

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    Mute Patrick Nolan
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    Apr 11th 2019, 8:08 AM

    @James Rhatigan:
    A client just bought a 3 bed semi in a town less than 50 mins on the train from heuston (population about 10,000) for €140k

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    Mute Kendra Jackson
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    Apr 11th 2019, 8:19 AM

    @James Rhatigan: commuting from down the country though, you have to also factor in the time to get to the station. Then depending n where you work in the city maybe another 30 minutes to get to your job. Plus of course factor in any extra time required due to delays and/or cancellations. And then do it all again in the evening.
    Some people like the idea of actually having time to spend in their new home rather than commuting.

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    Mute Renton Burke
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    Apr 11th 2019, 8:34 AM

    @Kendra Jackson: but they have no problem comparing East Germany (or Berlin, where you would not be able to buy a 3 bed semi for anywhere as low as the current stock in D12/D16) or else renting a shoebox in a bleak tower for those low prices. everyone is so blinkered by anti FFG rhetoric, they don’t get that to get “affordable living” in a 2 bed box, and reduce the pressure on 3 bed semis in the suburbs, we need vultures to flood the market with cheap apartment blocks. this article is just a moan with no viable solution.

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    Mute Mick paisley
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    Apr 11th 2019, 8:35 AM

    @Kendra Jackson: Drogheda, Newbridge and Wicklow Town are all an hour from Dublin on the train. The number 16 bus from Rathfarnham into Town takes about 45 mins on a good day, over an hour on a bad day.

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    Mute Sam Harms
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    Apr 11th 2019, 9:11 AM

    @Kendra Jackson: they do it in every country though. Why should Ireland be any different? Why does everyone HAVE to live in Dublin? Are Irish people too good to commute or something?

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    Mute Stoneybroke
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    Apr 11th 2019, 7:52 AM

    The problem is the asking price advertised is false , you can put another 20-100k on top of it if the demand is high for that property . There is no transparency in the bidding, you just have to take the estate agents word for it that you have been outbid . The whole system is broken and has been since around 2001-2002. Unfortunately I cannot see anything improving until Ireland is prepared to revolt.

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    Mute Renton Burke
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    Apr 11th 2019, 8:36 AM

    @Stoneybroke: that the purpose of it – it’s trying to get the absolute maximum for the person selling, not to do a favour for the buyer! just remember that for every purchase there is a seller, and they are usually people who want to cash in.

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    Mute John Horan
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    Apr 11th 2019, 7:39 AM

    One big piece of information missing in the Dublin v Berlin agrument. Irish take home pay is higher because of lower taxation. Also if you compare how much the average family (2 children) in Ireland receives in children’s allowance etc. then the differential with a German family’s income is even bigger.

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    Mute Sarah
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    Apr 11th 2019, 7:47 AM

    @John Horan: I have German family and friends in Hamburg and Berlin and even some in Luxembourg. Do you know what they’ve NEVER said that? “Gosh it’s so much cheaper here! Cost if living and take home pay really make life easier” what they DO say is “Jesus Christ, WHY is everything do expensive here! How do you afford it?”

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    Mute Anne
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    Apr 11th 2019, 8:25 AM

    @John Horan: their transport system is amazing and affordable. No need to own a car there. One or two Berlin sized apartment blocks would probably solve the housing crisis in this city. They are huge not high rise. We have muppets running the place.

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    Mute Renton Burke
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    Apr 11th 2019, 8:46 AM

    @Anne: the ballymun experiment fecked that up. we made the mistake of infrastructure less blocks before, and there is zero chance of our politicians risking infrastructure when we don’t know what developers will build.

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    Mute Rob Cahill
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    Apr 11th 2019, 10:23 AM

    @Renton Burke: Ballymun failed because it was all social housing, Not because it was high rise.

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    Mute David Lawlor
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    Apr 11th 2019, 10:36 AM

    @Rob Cahill: now they’re doing the same thing in St Michael’s Estate, 500 units with no amenities whatsoever. It’s a slum, just a shiny new one and by the time it all goes belly up in 20 years our beloved leaders will be long retired with multiple pensions. 100 years of FFG rule has brought us to this. The indepents have shown their true colours. Maybe, as one previous poster said, its time to vote Sinn Fein and see if there is an alternative as we can’t get any worse than we are now.

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    Mute John Horan
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    Apr 11th 2019, 2:10 PM

    @Sarah: Sorry Sarah…I think you actually need to read the comment. To paraphrase myself…yes Ireland is more expensive….but our take home pay is so much higher than in Berlin, especially when you consider the added benefits of the benefits of the welfare payments families in Ireland receive. I would very happily pay 3k in rent if I earned 6k, much better than paying 2k and earning 4k. The article does not compare apples with apples. Another example…Singapore I paid rent there of 7k EUR per month, but I was earning 15k. Would you complain in that case?

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    Mute Hubert Morris
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    Apr 11th 2019, 8:52 AM

    New homes in Kells Co Meath ,one hour from O’Connell Street on the 109x from 230k .
    The book is even moving ack from trinity.

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    Mute sean slipper
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    Apr 11th 2019, 10:18 AM

    As a person who was born and bred in the north inner city Dublin. My city has lost all its character and Old architecture. You can keep the new Dublin for me. I hate what it’s become. I am off as soon as I possibly can. Do not buy a house in Dublin. Go to the west coast and see what you can get there for your money. At least the country people still have some resemblance of what Ireland is. Dublin is more like London than it has ever been in the past.

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    Mute The 'Notorious' Fanboy
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    Apr 11th 2019, 10:27 AM

    @sean slipper: Much like every capital city in the world, we were just a little late to the party.

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    Mute Adrian
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    Apr 11th 2019, 7:43 AM

    Our idiot FFG politicians bankrupting the country, passing the state debt onto the people, then encouraging the vulture funds to come in to buy all the property to keep the country afloat, exacerbating the problem. Its just a continuous shambolic trend of our govs effing up, then taking action which is sacrificing the public to save themselves. Then its vote for us again in the next election. Seriously how much longer can we take of these FFG idiots effectively raping the people of their resources to save themselves while making themselves multimillionaires in the process.

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    Mute The 'Notorious' Fanboy
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    Apr 11th 2019, 9:58 AM

    I went for Naas, much more affordable than Dublin and quite a pleasant place to live.

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    Mute brian oconnell
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    Apr 11th 2019, 10:26 AM

    Plenty of houses for sale less than 400,000, the couples budget, Drimnagh, Inchicore, Crumlin!

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    Mute Derek Kearney
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    Apr 11th 2019, 9:01 AM

    I have a house for sale in Dublin 12 for 300k. It did me for 20 years. I’m only moving as I need more bedrooms.
    23 Bunting Road.
    Check out this property I found using Daft: https://www.daft.ie/12074830

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    Mute Seamus Hanratty
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    Apr 11th 2019, 10:37 AM

    @Derek Kearney: Unfortunately, a man like Brian Connolly and his wife wouldn’t live in gaff like that. Brian wants plush surroundings, a house with a certain wow factor, he wants somewhere where his work is right at his doorstep, everything at this beck and call, ultimately what Brian wants is a place where his massive ego can fit in the doorstep.

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    Mute Patrick Nolan
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    Apr 11th 2019, 2:07 PM

    @Derek Kearney:
    Best of luck with that.

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    Mute Ciarán Connolly
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    Apr 11th 2019, 11:44 PM

    @Seamus Hanratty: dead right

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    Mute Dominic Leleu
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    Apr 11th 2019, 10:10 AM

    Conflict of interest does not apply for these criminals called politicians. They are all in the same boat

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    Mute Alec Silke
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    Apr 11th 2019, 4:26 PM

    You can buy a lovely house in Portlaoise 3 bed €180k 4 bed €200k aprox. Why do business’s continue to provide jobs where there is no affordable housing. And end up having to pay higher wages or suffer a high staff turnover.

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    Mute Derek Kearney
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    Apr 11th 2019, 8:56 AM

    I have a house for sale in Dublin 12 for 299k in near perfect condition. It did me for 20 years. I’m am only moving as I need more bedrooms:
    Check out this property I found using Daft:
    23 Bunting Road, Dublin 12
    https://www.daft.ie/12074830

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    Mute The 'Notorious' Fanboy
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    Apr 11th 2019, 9:59 AM

    @Derek Kearney: Fair price, good luck with the sale.

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    Mute Gerry Ashe
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    Apr 11th 2019, 12:01 PM

    Does anyone know why the Capital Dock development got the exemption for social housing. Will Montrose get a similar exemption or Eglinton Road? I thought the social housing % was set in stone.

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    Mute Sean O Rodaigh
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    Apr 11th 2019, 8:46 PM

    This article reads like a similar scenario for many people circa 2002 to 2006. No matter how difficult this may be, do not buy property that has been artificially inflated to levels that we are now at. Everybody follows the trend, until the bend at the end! (Bend coming in 3 years)

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    Mute William Kelly
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    Apr 12th 2019, 5:52 AM

    The state needs to take control of this basic citizens right to a home, not necessarily to own one, by directly providing a significant proportion of homes at cost, on state land, by CPO if necessary.
    Significant should be 25% for 20 years, until the public housing stock is restored to that level, & the private market is cooled down for those above the income levels for public housing.
    It has been done very well by this state when resources were much scarcer, it’s just a matter of voting in the people who will redirect priorities to that end. Note that for the local elections.
    Keep the foreign offshored funds out by forcing the state to buy the Cairns & similar developments.
    If billions can be spent on one hospital, & on interminable public enquiries, then billions can be spent on homes.

    3
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    Mute Rachel Ray
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    Apr 11th 2019, 3:18 PM

    I inquired for the new Grand Canal apartments. Starting is 500,000 for a one bed.

    2
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