Ciarán Lynch (Cork South Central, Labour)

I move amendment No. 1 to amendment No. 39:

To delete subsection (2).

I welcome the Minister's direction on this matter. He has proposed to amend the Bill in order to enshrine the principle whereby downward rent reviews can be availed of. One might have thought this was an issue which warranted a Bill in its own right. As Labour Party spokesman, I have brought a Bill before the House on this matter. However, the Minister has decided to rectify some aspects of this issue via one amendment to the legislation before us today.

The Minister is well aware of the issues pertaining to this and has received several submissions from persons in the retail sector and from organisations such as the Society of Chartered Surveyors. It is interesting to note the submission made by the Society of Chartered Surveyors. In an item of correspondence received by the Minister, a Mr. Macdonald refers cogently and poignantly to the view articulated by the society that "in the majority of cases landlords are agreeing some form of concession notwithstanding the terms of the lease, to assist the tenant in getting through the current economic difficulties, where such a flexibility is warranted". The society's view reflects that of the Minister that the option of having a downward rent review is available if both parties are agreeable. That is not the case because the consent of both parties is required. While the tenant may be willing to engage in a downward rent review, such a review will not take place if the landlord is unwilling to engage. The Minister is correct, however, that downward rent reviews are not facilitated under current legislation.

Mr. Macdonald, in his correspondence to the Minister, also states-----

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