Michael Creed (Cork North West, Fine Gael) | Oireachtas source

It states that in the case where subparagraph (aa)(i)(II) applies, "the individual to whom the land is leased - (i) is the holder of or, within a period of four years from the date of transfer or conveyance, will be the holder of, a qualification ... or (ii) spends not less than 50% of ... time...". The Minister appears to be interfering in a way that is not required in the commercial potential of a landowner to contract with whomever he or she wishes, in terms of the best price available for the land. For example, partnerships are becoming the norm now in farming. Therefore, a partnership or limited company might be leasing the land. Is that compatible with what the Minister is obliging in regard to the person leasing the land from the owner. Partnerships and limited companies appear to be at a significant level now, particularly, but not exclusively, in the dairy sector. Is this provision compatible with the requirement that the person leasing the land must have a qualification? How does a company or partnership that might be leasing the land fulfil that requirement? Does it apply to the principals of companies in the case of a company? The named directors might be totally different to the persons actively involved in the farming of the land.