Dáil debates

Thursday, 5 May 2005

British-Irish Agreement (Amendment) Bill 2005: Second Stage.

 

1:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

Questions must be raised about why this Bill is necessary. How did it come about that the British-Irish Agreement Act 1999 refers to the Landlord and Tenant (Amendment) Act 1980 and not to the Landlord and Tenant (Ground Rents) (No. 2) Act 1978? This Bill has come, quite clearly, out of the blue and it is difficult for us to address its detail in so short a time, little though that detail may be. Something is wrong in the legislative process when this can happen.

We are being asked to make a technical change in the 1999 Act concerning the exemption of State lands in the 1978 legislation. I understand that this means owners of commercial property on State land who pay ground rent to the State will not have the right to buy out the leases. Owners of dwelling houses on these lands will continue to have the right to buy out the ground rent. Perhaps the Minister can confirm that in his closing remarks as it was not clear to me from the explanatory memorandum that was circulated.

We will not oppose this legislation, primarily because we do not want to cause any difficulty for the North-South implementation bodies, particularly Waterways Ireland, at this time. However, we are concerned that we have not heard the other side of the story. There must be one. Are there people who have a genuine case to make in terms of their leases of State lands? I do not know and that is a difficulty.

Sinn Féin is also concerned that the massive anomaly and injustice of ground rent is being ignored and continues to exist. Successive Governments, including the current Administration since 1997, have deliberately ignored this issue. Why must people pay ground rents on properties they own, whether a home or whatever and regardless of whether the rent is paid to private landlords, the State or local authorities? It is an injustice that should be done away with. The Government has a ground rent Bill on its list of promised legislation for all the years I have spent as a Member of this House. The only reason it is there, perhaps, is to give the Government the semblance of a reply whenever the issue is raised by other Deputies. There is clearly no intent on the Government's part of addressing this vexed issue.

This Bill concerns the all-Ireland implementation bodies established under the Good Friday Agreement. It must be said on polling day in the Six Counties that those bodies are not operating fully and the all-Ireland Ministerial Council is not working at all. Every effort must be made to ensure we reach a situation where all that functions once again. My commitment to that is absolute.

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