Dermot Ahern (Louth, Fianna Fail)

As we debate this evening, businesses are hurting, people are being laid off and 432,000 of our friends, neighbours and families have no jobs. That is 432,000 reasons why we, as legislators, need to be here, breaking our backs to find real workable and practical solutions which lead to real jobs and real prosperity. To do that, we have a duty to be honest and to acknowledge what we can do and what we cannot. False hope and PR alone do not create jobs and do not put bread on the table.

We cannot support and accept a Bill that is legally and constitutionally unsound, which this Bill is. The reasons for this are many and involve both legal and practical considerations. Our strong view is that it not constitutionally permissible for the State to interfere through legislation with pre-existing leases freely negotiated on a commercial basis by private parties. Any attempt to do so would clearly constitute an unjustifiable attack on property rights contrary to Article 40.3 of the Constitution and also would not be justified under Article 40.3.2° as being wholly disproportionate. Initially, I propose to focus on the legal reasons which underpin our opposition and, lest Deputy Lynch be in any doubt on this point, I can state categorically, on the basis of unequivocal advice received from the Attorney General, that his Bill is not consistent with the Constitution.

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