Dermot Ahern (Louth, Fianna Fail)

In public life, as a Minister and when I was not one, I have always been of the view that one should not hoodwink the public because people are not fools. I suggest strongly to Deputy Ciarán Lynch that this is an opportunistic attempt on the part of the Labour Party to try to show cause for something. I have no doubt any legal advice it has received is similar to the advice I have received and to which I have no doubt Deputy Charles Flanagan is privy and from his knowledge of this area.

The ability of the Legislature to rewrite contracts is almost impossible. The Deputy referred to compulsory purchase orders. There is an opportunity for Government, in the interests of the common good, to acquire property by CPO. That is in the context of legislation already passed and CPO legislation not being able to rewrite existing contracts at the time of its passing. CPO is possible in the common good in a very restricted sense but only in a way in which it cannot rewrite existing contracts.

I would like to go as far as I can in this regard, as I know Deputy Ciarán Lynch and Members of the House would too. We can only do what is possible. When the valid point was made - clearly Deputy Charles Flanagan received the same representations we did - that our proposed amendment was somewhat silent on agreement for leases, we tabled another amendment to take care of that situation in that agreements for leases entered into prior to the commencement of this are as good as leases. We are taking care of that but we cannot do more than that.

Deputy Ciaran Lynch may call a vote but I respectfully suggest to him that he should not leave this House, tell people his amendment was voted down and that he could have achieved this change if the Government had agreed to it. I respectfully suggest Deputy Charles Flanagan does not claim his Bill was voted down or it could have been achieved if the Government had sanctioned or agreed to it. Even if his party were on this side of the House, it would have received the same advice I did and would not be able to insert this provision.

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