Brian Cowen (Laois-Offaly, Fianna Fail)

I acknowledge the difficulties the Opposition has indicated on this matter. However, I must emphasise that this is urgent legislation to address a problem that has arisen for the industrial development agencies, IDA Ireland, Shannon Development and Údarás na Gaeltachta. This is a result of a settlement negotiated on legal advice by IDA Ireland which was notified to the relevant county registrar at a hearing on 17 May.

On foot of this being brought to our attention, the Attorney General has advised that an amendment be enacted to section 4 of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978. It states "this Act shall not bind a Minister of the Government, the Commissioners of Public Works in Ireland or the Irish Land Commission.". The purpose of the amendment is to include IDA Ireland, Shannon Development and Údarás na Gaeltachta among the State authorities not bound by the legislation. The proposed legislative amendment will not apply retrospectively where a notice of intention to acquire the fee simple and land lease from one of the agencies has been served. Accordingly, considerable urgency attaches to securing early passage of the amending provision.

It is a legal lacuna which has been identified and it is important that the legislation is passed. It came about as a result of a settlement, notified to the relevant county registrar at a hearing on 17 May. This matter was brought to Government at yesterday afternoon's Cabinet meeting. It was determined that we needed to move immediately on this matter. I understand the Minister made genuine attempts to give a quick indication of the reasoning behind this matter to Opposition spokespersons. The Labour Party spokesperson was unavoidably absent on other business. Further attempts were made to contact him this morning. The briefing that the Minister wishes to make at 11 o'clock will flesh out in detail the circumstance in which the Bill must be brought forward. Members who have been in Government will recognise that on occasion, a matter such as this requires urgent rectification.

That a separate issue arose several weeks ago is by the way as it could have happened three months or three years ago. It just so happens that these issues emerged so near to each other. They are separate matters which have been brought to the Government's attention and must be addressed immediately, based on legal advice.

Question, "That the proposal for dealing with No. a8, the conclusion of Second and Subsequent Stages of the Landlord and Tenants (Ground Rents) Bill 2005 be agreed", put and declared carried.

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