Joanna Tuffy (Dublin Mid West, Labour)

I move amendment No. 10:

In page 24, between lines 15 and 16, to insert the following:

"(4) Where on the commencement of this section, or on a person becoming entitled to a fee tail after such commencement, another person's estate or interest in land is extinguished by virtue of subsection (3), the second-mentioned person may apply to the court within 12 years of such extinguishment for an order determining the amount of compensation if any that should be paid to the second-mentioned person, and such order may make provision for charging the payment on the land subject to such conditions as the court sees fit.".

On Committee Stage, I pointed out the UCC academic, Professor John Mee, believed section 13(3) may be unconstitutional as it provides for the abolition of property rights without compensation. This amendment is designed to save the section from being unconstitutional by allowing a court to determine whether any compensation should be paid. The Minister said the consent of fee tail is required but that misses the point. The issue we are concerned with is the rights, if any, of the persons who would inherit the fee tail. Their rights are being extinguished without compensation by this legislation.

See this speech in context