Arthur Morgan (Louth, Sinn Fein)

Deputy Ó Caoláin outlined Sinn Féin's position on this legislation on the Order of Business this morning. Sinn Féin will not oppose the Bill because it understands that it is urgently needed. I acknowledge that the Minister for Enterprise, Trade and Employment contacted Opposition spokespersons yesterday evening to brief those of us who were able to attend the meeting. The Minister and some of his officials met those who were available again this morning to provide a fuller briefing about this emergency legislation.

I was pleased when I discovered this morning that the Landlord and Tenant (Ground Rents) Bill 2005 was to be discussed in the House, because I thought the Government had finally introduced legislation to deal with all aspects of the ground rent issue. There was not much chance of that, however. I quickly realised that I was engaged in wishful thinking.

I have reiterated Sinn Féin's demand for the abolition of ground rents on many occasions. My party set out its stall on this issue in the submission on property rights it made to the All-Party Committee on the Constitution. It seems I need to make that case again because legislation on this matter has failed to materialise, despite a commitment from the Government. I will take this opportunity to do so. Ground rents, which are a form of feudal tax, represent an ongoing injustice against the people of this State. They are a hangover from the days of British colonial rule in Ireland and their abolition must be facilitated. Ground rent landlords should not receive compensation if ground rents are abolished. As a legacy of colonialism, ground rents have been unjust from the start. Therefore, to compensate would legitimise what is manifestly unfair.

It is to the shame of consecutive Governments that this issue has not been dealt with in more than 80 years, since the establishment of the Twenty-six Counties State. Various Ministers have given the excuse of possible constitutional difficulties as a reason for putting this overdue legislation on the long finger. I ask the Government to introduce legislation now and to allow it to be tested in the Supreme Court, as was done with Part V of the Planning and Development Act 2002. If such legislation is unconstitutional, we can have a constitutional referendum to allow for improved legislation.

Householders whose leases are about to expire are placed in an unacceptable position when they are forced to choose between buying a freehold on their house for one eighth of its value or signing a new lease for a drastically increased rent. As the value of houses is increasing, people whose leases are due to expire are justifiably angry and concerned. The alternative for those who cannot afford to buy out the expired lease is to sign a renewal of the lease for 35 years.

In 1997, the Minister for Transport, Deputy Cullen, who was then in Opposition, commended a Fianna Fáil Private Members' Bill on ground rents to the House. He said "all Members accept that its preparation involved an enormous amount of teasing out and discussion to ensure its provisions were justified on constitutional grounds." If the Bill was constitutional when Fianna Fáil was in opposition, why is it unconstitutional when Fianna Fáil is in government?

The ninth progress report of the All-Party Committee on the Constitution to which Deputy Boyle referred, recommended that legislation be introduced to abolish ground rents. Why has the Government failed to act on that recommendation, especially as we have been told that it is a Government priority? When can we expect to see legislation on the abolition of ground rents before the House? Sinn Féin will continue to hound the Government until ground rents have been abolished and the subjection of citizens of the State to unjust tyranny from ground rent landlords has been brought to an end.

As I appreciate the urgency of the Bill before the House, I will not oppose it. This matter should have been dealt with in the context of a single ground rents Bill that deals with all the outstanding issues I have mentioned.

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