Oireachtas Joint and Select Committees

Wednesday, 22 May 2013

Select Committee on Justice, Defence and Equality

Land and Conveyancing Law Reform Bill 2013: Committee Stage

3:30 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

May I make one comment on section 2 as I wish to bring the following to the attention of members? In relation to section 2, it has been brought to my attention in recent days that it may be necessary on Report Stage to amend section 2(1) to supplement the reference to the Family Home Protection Act 1976 with a reference to the Civil Partnershipand Certain Rights and Obligations of Cohabitants Act 2010, especially since section 2(5) means that this section will apply to mortgages created both before and after 1 December 2009. At present the provision is worded to allow for situations where the mortgage on the property is in the name of one person only but that person has, for whatever reason, ceased to live in the house to which the Family Home Protection Act 1976 applies. The proposed amendment will make it clear that the provisions also apply to the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. It is important that there is no unintended omission in the legislation. The amendment is currently being drafted and I hope to table it on Report Stage.

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