Dáil debates

Wednesday, 19 October 2005

Land Bill 2004 [Seanad]: Report and Final Stages.

 

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)

We would not like somebody from this side of the House to have the onerous responsibility of having to adjudicate on individual cases, which would arise when that happens. It would be unfair for Deputy Naughten or any other Deputy on this side of the House to have to adjudicate in individual cases where hardship might be caused to the people concerned. In those circumstances, the Minister of State should take this amendment on board. He should stitch it into the legislation in such a way that it will have some standing. As I already said, notwithstanding the fact that the provision may be in the legislation, it could well be challenged on constitutional grounds. As that area could be the proverbial minefield, we will not go too far down that road.

The agricultural sector is not flush with funds and it seems as if it will not be for some time, notwithstanding the efforts of the Minister of State. I believe the proposed amendment would be helpful. It is constructive and would protect Ministers and individuals in the community in a way not provided for in the arbitrary manner in which it is currently proposed to proceed.

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