Dermot Ahern (Louth, Fianna Fail)

The statutory alteration in a contractual term which the Bill would bring about is capable of having significant discriminatory effects. If constitutional principles are to be satisfied, the intervention proposed must be necessary and proportionate. Any legislation which fails to satisfy this test runs the risk of amounting to an unjust interference in property rights. In this regard, and bearing in mind the terms both of the Constitution and the European Convention on Human Rights, the Bill does not appear to be on a sound footing.

I remind the Deputy that existing commercial leases have been entered into by a wide range of landlords, not all of whom would be in similar circumstances. The properties to which these leases relate will also vary considerably in terms of character and profitability. Whatever impulse may be driving the Deputy in producing this Bill, even he must acknowledge that there is no attempt made in it to deal in a balanced way with the interests of landlords and tenants.

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