Pat Gallagher (Donegal South West, Fianna Fail)

The substantive amendment is necessary to safeguard leases granted by harbour companies to which the Harbours Act 1996 and the Harbours (Amendment) Act 2000 apply against negation by subleasing arrangements by lessees. Deputy Broughan referred to similar safeguarding provisions in the Landlord and Tenant (Ground Rents) Act 2005 in respect of SFADCo, IDA and Údarás na Gaeltachta. In practical terms, a harbour company may lease to another party and the latter may subsequently sublease the property. In such circumstances, the sublessee could benefit by overruling the basic lease. We must ensure the State is protected against such activities. This is the purpose of the substantive amendment No. 53.

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