Brian Lenihan Jnr (Dublin West, Fianna Fail)

As Deputy O'Shea is aware, this Bill allows the tenant to renounce in writing, whether for or without valuable consideration, his or her entitlement to a new tenancy, having received independent legal advice with regard to the renunciation. This is of particular importance in the constituency represented by Deputy O'Shea, given the interest in developing the port in Waterford. I gather this section is important as an inducement to persons interested in investing in development there and in other similar developments throughout the State.

However, a general problem exists with this amendment. In principle, retrospective legislation is undesirable. The amendment fixes on the date of 12 December 2007 and effectively facilitates people to reorder their transactions in advance of the commencement of the legislation and in the absence of a definite legislative framework. Acceptance of the amendment would privilege some categories of tenant, whose tenancies expire on or after the date in question, while discriminating against all those whose tenancies expired before this date and who, in consequence, had to make alternative arrangements in their business activities. I understand the motivation underlying the amendment but I am slow to accept it. The purpose of these amendments is to establish a new legal framework but this must come into operation from the enactment of the legislation.

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