Éamon Ó Cuív (Galway West, Fianna Fail)

I move: "That the Bill be now read a Second Time."

Is Bille gearr teicniúil é seo, an Bille Um Chomhaontú na Breataine-na hÉireann (Leasú) 2005, a dhéanfaidh soiléiriú ar an gcosaint atá ann go bhfaighidh na Stáit dílse sna Comhlachtaí Foirfheidhmithe Thuaidh-Theas.

The British-Irish Agreement (Amendment) Bill 2005 is a short, technical Bill which proposes to clarify the protection of State property vested in the North-South implementation bodies. I thank the Opposition parties for agreeing to take this Bill today and I will outline why we feel it is prudent to introduce the Bill in the House.

The Good Friday Agreement provided that at least 12 subject areas would be identified for co-operation and implementation for mutual benefit under the aegis of the North-South Ministerial Council. Co-operation in these areas would be implemented in two ways — in the case of at least six of them by means of existing bodies in each jurisdiction separately, also commonly referred to as the areas for co-operation, and in the case of at least six others by means of new North-South implementation bodies, also commonly referred to as the North-South bodies, operating at a cross-Border or all-island level.

As the House is aware, the British-Irish Agreement Act 1999 established the six North-South Implementation Bodies: the Foyle, Carlingford and Irish Lights Commission, InterTrade Ireland, An Foras Teanga — the North-South language body, SafeFood — the food safety promotion board, the Special European Union Programmes body, and Waterways Ireland. An Foras Teanga and Waterways Ireland are the two bodies the Department of Community, Rural and Gaeltacht Affairs co-sponsors with the Department of Culture, Arts and Leisure in the North.

The purpose of the Bill before us today is to remedy a possible technical defect in section 53(b) of the British-Irish Agreement Act 1999. I stress that it is a possible defect. I will say a word or two by way of background to this area of law first. A tenant of a private landlord who pays ground rent has, under the Landlord and Tenant (Ground Rents) (No. 2) Act 1978, the right in certain circumstances to buy out the fee simple, i.e. to buy out the ground rent and hence acquire unfettered ownership of the property at nominal cost. In State land cases, that right does not apply to tenants in possession of commercial leases. In the case of tenants of dwelling houses on State land, the right to buy out was granted in 1980, but with a fallback provision that the State authority can decide that it would be contrary to the public interest to let the dwelling house go.

Section 53(b) of the British-Irish Agreement Act 1999 gives the North-South implementation bodies protection as State authorities under landlord and tenant ground rents legislation. The effect of such protection is that a lessee does not acquire the right to buy out the fee simple of a property on State land in respect of which a ground rent is paid. However, the reference in section 53(b) is to section 70 of the Landlord and Tenant Act 1980. This is in effect a subsequent amending provision: the original provision which shields State authorities is section 4 of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

The issue mainly arises for Waterways Ireland in view of its extensive property portfolio, but the Bill covers the other North-South bodies also. The issue only arises in the South as there are no implications for the operations of the bodies in the North.

The overall effect of the 1978 Act is to give a lessee of certain categories of property the right to acquire the fee simple, subject to conditions and exemptions detailed in that Act. Section 4 provides that this right does not apply in the case of properties leased from a Minister of the Government, the Commissioners of Public Works or the Land Commission. Section 70 of the 1980 Act is a subsequent provision which modifies that general exemption by creating a right to buy out the fee simple in the case of dwelling houses erected on land owned by a State authority, subject to the right of a State authority to prevent alienation of an individual property where it considers that the public interest so requires.

This Bill removes any doubt that a North-South implementation body is not bound by the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 and directly incorporates the exemption in respect of that protection for dwelling houses contained in the Landlord and Tenant (Amendment) Act 1980 in the same terms as set out in that Act.

The legislation does not apply to any notice of intention or any application made relating to the acquisition of the fee simple before the passing of the Bill or any arbitration or appeal to the Circuit Court in respect of such a notice or application. Any such notice or application — I am informed by Waterways Ireland that it currently has 12 cases on hand — and any subsequent developments, whether by way of arbitration or Circuit Court hearing, will continue as if this Bill had not been enacted.

This legislation seeks to deal with a potential technical defect in the 1999 British-Irish Agreement Act. The intention of the Oireachtas at that time is abundantly clear from section 53 of the Act. The intention was to put Waterways Ireland and the other North-South Implementation Bodies in the same position vis-À-vis ground rent legislation as the Office of Public Works or a Minister or State authority. In other words, the relevant sections of the 1978 (No. 2) Act and the 1980 Act would apply. It will be a matter as appropriate for the courts to interpret the current legislation and make decisions on any cases that come before them. Nothing I say today should be construed as a comment on any case that might end up in such a position or a statement that there is solid ground for any such notice served or case that might be taken.

The Bill is being introduced today with a view to its passage through both Houses of the Oireachtas in one day and signature by the President later today. This is considered advisable in the interests of clarity in this area of law.

The Bill is short, containing four sections, two of which — sections 1 and 4 — are technical. Section 2 restates section 53(a) of the British-Irish Agreement Act 1999, which provides that a body is a State authority for the purposes of the Statue of Limitations 1957, and creates a new section 53A in the 1999 Act to expand and clarify the existing provision in section 53(b) of that Act. The new section clarifies that a North-South Implementation Body is not bound by the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 and repeats the exemption in respect of dwelling houses contained in the Landlord and Tenant (Amendment) Act 1980 in the same terms as set out in that Act. Section 3 provides the appropriate savers in respect of any application made prior to enactment of the Bill under the ground rents legislation or any appeal before the courts.

Deputies will appreciate that the Bill is designed to put into legislative form the clear unequivocal original intention of the Oireachtas to provide the North-South Implementation Bodies with the necessary legislative protection for the State property vested in them for the benefit of all, as was originally intended by the Oireachtas in the British-Irish Agreement Act 1999.

Bunaithe air sin, ba mhaith liom an Bille seo a mholadh don Teach agus a rá go bhfuil sé soiléir ón tús cad a bhí i gceist ag an Oireachtas a dhéanamh. Níl muid á rá go bhfuil aon fhadhb ann, ach ar fhaitíos go bhféadfadh sé tarlú go bhfuil aon fhadhb ann, is fearr bheith cinnte dearfa go bhfuil gach rud ina cheart. Bheadh súil agam go mbeadh sé ar ár gcumas an Bille seo a phlé agus, mar a dúirt mé, tá sé i gceist an Bille a achtú inniu agus síniú an Uachtaráin a lorg.

See this speech in context