Feargal Quinn (Independent) | Oireachtas source

Yesterday Bewley's lost its case in the Supreme Court in an appeal taken by the landlord regarding upward-only rent reviews. I will give an idea of the figures spoken about yesterday. The rent had been €728,000 but has now been increased to €1.46 million until 2017. The House has passed the Upward Only Rent (Clauses and Reviews) Bill 2013, but it has not been passed by the other House. The reason I am at pains in saying this is that yesterday the judge said the decision was based on the specific terms of the lease and that the court was not setting a precedent.

As such, it does not set a precedent, but both Government parties included in their manifestos the desire to abolish upward-only rent reviews. Three learned experts have supported the view that it is constitutional to abolish such reviews. The trouble is that the Attorney General believes it is not. Standing Order 55 reads: "A Minister of State or an Attorney General may attend and be heard in the Seanad." Will the Deputy Leader invite the Attorney General to the House to explain her stance on upward-only rent reviews? This is an important matter. Yesterday's decision does not close the door, but there is a difference of opinion among lawyers. Just as when doctors differ and patients die, whether there will be a death knell for many small businesses depends on this legislation passing. I urge the Government to support it in the Lower House, after which the President will send it to the Supreme Court for a decision. In this way, the situation will be clear. I urge the Government parties to remove the Whip when the Bill is shortly before the Lower House.